Practithink respects the intellectual property of others and expects the same from Sellers on our Marketplace. This article aims to clarify the rules regarding copyright and IP, which will enable you to both avoid breaching the rights of others and know what rights you have for the content that you create.
Intellectual property is an area of the law that covers copyright, trademarks, designs, patents and other aspects of that nature.
There are many misconceptions around the use of works which are copyrighted.
As a Practithink Marketplace Author, the main IP areas to understand are copyright and trademarks.
Your items need to be original and sufficiently creative to make it past our reviewers to be available from the Practithink Marketplace.
Even if an IP infringement is missed at the initial review of a Product you’ve submitted, if it is later found to violate copyright, the Seller’s account will be blocked and funds withheld. For more information please read our Terms and Conditions.
WHAT IS COPYRIGHT?
Copyright is a legal concept that gives the author or creator of an original work the exclusive right to do certain things with that original work. The copyright holder has the right to choose if anyone else can use, adapt or resell their work, and has the right to be credited for that work.
Copyright protection is principally given to literary, dramatic, artistic and musical works, cinematograph film, and television and sound broadcasts.
Only the copyright holder of a work may do these things:
Make copies of the work and distribute them.
Create derivative works or alter the work.
Sell the work either in its original version or in an altered form.
The creator of a work possesses the right to transfer their copyright to another party.
WHO OWNS THE COPYRIGHT?
The author or creator of a work owns the copyright for the work.
The producer or maker of a film or sound recording usually owns the copyright for that film or sound recording.
The broadcaster owns the copyright for a broadcast.
A publisher owns the copyright for a published edition.
WHAT IS A TRADEMARK?
A trademark is a distinctive word, phrase, letter, number, sound, smell, shape, logo, picture, aspect of packaging or a combination of these which is used by someone to identify that its goods or services originate from a particular source or to distinguish their goods or services from someone else’s.
A trademark owner has the right to stop others from using the trademark, or any deceptively similar trademark, on or in connection with goods or services that are identical or closely related to the goods or services of the trademark owner.
Registered trademarks usually have the symbol ® or TM immediately after the mark.
If you use an identical or similar trademark for identical or similar goods and services to a registered trademark, you may be infringing the registered mark if your use creates the likelihood of confusion on the part of the public.
This includes the case where, because of the similarities between the marks, the public is led to the mistaken belief that the trademarks, although different, identify the goods or services originating from the same source.
Where a registered mark has a significant reputation, infringement may also arise from the use of the same or a similar mark which, although not causing confusion, damages or takes unfair advantage of the reputation of the registered mark.