Intellectual Property Basics: Copyright, Patents, and Trademarks
Copyright
Copyright protects original works of authorship fixed in a tangible medium. That covers books, songs, films, software code, photographs, and architecture. Copyright arises automatically the moment a work is created — registration is not required for protection, though it is required to file an infringement lawsuit in U.S. federal court.
Copyright protects expression, not ideas. You cannot copyright the concept of a love story about star-crossed lovers, but you can copyright a specific manuscript called "Romeo and Juliet." The line between idea and expression is where most copyright disputes are fought. In the U.S., copyright lasts for the life of the author plus 70 years. For works made for hire, it is 95 years from publication or 120 years from creation, whichever is shorter.
Fair use is the most important limitation on copyright. It allows limited use of copyrighted material without permission for purposes such as criticism, commentary, news reporting, teaching, and research. Courts weigh four factors: the purpose of the use, the nature of the copyrighted work, the amount used, and the effect on the market for the original.
Patents
A patent is a government-granted monopoly on an invention for a limited time — 20 years from the filing date for utility patents in the U.S. In exchange for that monopoly, the inventor must publicly disclose how the invention works in enough detail that someone skilled in the field could reproduce it. The bargain is: teach the world how to do it, and you get exclusive rights for two decades.
To be patentable, an invention must be novel, non-obvious, and useful. Novelty means it has not been done before. Non-obviousness means it would not be obvious to someone with ordinary skill in the field. This is the most contested requirement; what seems obvious in hindsight often was not obvious to the inventor who first solved the problem. Software patents are particularly controversial because the line between an abstract idea — which is not patentable — and a concrete application is blurry.
Trademarks
Trademarks protect brand identifiers: names, logos, slogans, sounds, and even colors that distinguish one company's goods from another's. The purpose is consumer protection — to prevent confusion about who makes a product. Unlike copyrights and patents, trademarks can last indefinitely as long as they are actively used in commerce and the owner enforces them.
Trademark strength exists on a spectrum. Fanciful and arbitrary marks — made-up words like "Kodak" or common words used in an unrelated context like "Apple" for computers — receive the strongest protection. Descriptive marks — "Best Buy" for retail — are weaker and may require acquired distinctiveness. Generic terms — "computer" for computers — cannot be trademarked at all.
The Edge Review explains legal concepts for general readers. This is an educational overview, not legal advice. Consult an attorney for specific IP matters.