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Copywrite And Copyright

Discussion in 'Copywriting' started by eimrahc, Feb 8, 2013.

  1. #1
    What is the difference between the 2? And how do you copyright a product or packaging?
     
    eimrahc, Feb 8, 2013 IP
  2. Spoiltdiva

    Spoiltdiva Acclaimed Member

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    #2
    A copywriter holds the copyright on their work. Copyright is the ownership of that creative work. A copywriter or article writer *automatically* holds the rights to that work that they produced.
    As to what copywriting(copywriter) is......simply put it is a writer who is highly skilled and trained to promote your services or product. They can write in a way that will boost your sales.
    There is more to being a copywriter than that of course. I'll defer to a copywriter and I'm sure one will come on your thread and give you a far better description.
     
    Last edited: Feb 9, 2013
    Spoiltdiva, Feb 9, 2013 IP
  3. YMC

    YMC Well-Known Member

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    #3
    Let's start with the easier one...Copywriting

    By it's very name, copywriting is about writing. It is a style of writing intended to elicit an action. That action could be buying a toaster, hiring a plumber or simply clicking on a link.

    Copywriting is often confused with content writing. Both are frequently used on websites. Where copywriting involves trying to get the reader to do something, often while sharing information; content writing simply shares information. Think sales brochure vs high school essay.

    Copyrighting is all about the legal rights of the creator of a work. The work can be a drawing, painting, wallpaper design or a piece of writing; basically any creative work. The premise of a copyright is to ensure that the creator of the work has the sole legal right to profit from their work for a period of time - usually their natural life plus 70 years after their death. (The duration varies from country to country but for most countries it is 70 years.) They can transfer those rights to someone else, they can give them up completely by putting the work in the public domain, or they can maintain full copyrights for themselves.

    It's a shame a thread like this one hasn't been made a sticky a long time ago.
     
    YMC, Feb 9, 2013 IP
  4. sandarr

    sandarr Well-Known Member

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    #4
    A copywriter is someone that writes sales based information, basically and are not just an article writer. This includes things like slogans and other material meant to make a product sell.

    A copyright on the other hand is something totally different. This is a way of making your work legally yours and yours alone, and anyone copying it or using in can be held legally responsible for that.

    Writing for a client, and being paid, automatically makes the content or article legally theirs, you no longer hold a copyright to it, work that is specially ordered, or a contribution.

    In order to legally copyright a piece of work, is to register it with the U.S. Copyright Office, in which you send copies of the work and pay a fee. Here is a link that explains copyrights much more in detail. http://www.copyright.gov/circs/circ01.pdf
     
    sandarr, Feb 9, 2013 IP
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  5. YMC

    YMC Well-Known Member

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    #5
    If the work is classified as "work for hire" it does indeed mean the copyright automatically transfers. When that terminology is not used, the writer can restrict the client to only having usage rights (the right to reprint or use the material in a pre-defined fashion). Never assume that a writer will transfer full copyrights, many won't do it at all or charge extra for doing so. It's a weird aspect of the copyright laws that some writers unfortunately take advantage of.

    You bring up one of the confusing aspects of copyright in the United States. When you first publish a work, you establish your copyright. Problem is that when and if you wish to pursue those rights i.e. sue someone for infringement, you have to have registered your copyright with the US Copyright office (it can be done any time after publication). You do not have to register to simply establish copyrights - they are automatic. For example, to file a DMCA complaint against another webmaster does not require registration.
     
    YMC, Feb 9, 2013 IP
  6. sandarr

    sandarr Well-Known Member

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    #6
    The reason that I did not go into the writer not transferring full copyrights, is the basics of the BST section, which is “work for hire”, in which the buyer would automatically own the copyright to the work that is paid for. Yes there are websites, where you can sell your work and retain the copyright and grant usage rights. That is usually not work that is ordered by a buyer or client, but rather work the writer assumes will sell many times.

    Yes, a copyright is retained when publishing something and in some cases you could make a web host take down copied content, but in book publishing and ebooks, it is essential to have your copyright legally held at the U.S. Copyright Office, or the copyright office of your country.
     
    sandarr, Feb 9, 2013 IP
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  7. YMC

    YMC Well-Known Member

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    #7
    Ah but you assumed that the original question related only to the BST area on this site. And while it is certainly a work for hire style environment, I wouldn't want to hang my hat on that if I was a writer wanting to protect my rights. Unless they are doing so via PM, the stated terms of the transaction are vague at best in most of the threads there. Unless I've missed it somewhere, there is no stated business terms that govern the transfer of creative materials and copyrights that buyers and sellers must agree to.

    I assumed eimrahc was asking about published materials on the web. Guess we both made the mistake of making assumptions. ;)

    Certainly if someone is going to the expense of publishing a book, they should register their work. For most of us, it's simply not practical to register everything we publish. Could you just imagine if the US Copyright Office received registrations for everything published online?
     
    YMC, Feb 9, 2013 IP
  8. DreamingBig

    DreamingBig Well-Known Member

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    #8
    YMC confused me with several things plus he/she went off topic but Sandarr, I do believe that you have nailed it with your clear response . Thank you.

     
    DreamingBig, Feb 9, 2013 IP
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  9. sandarr

    sandarr Well-Known Member

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    #9



    What I assumed was, I gave a general answer and then provided a link to published information by the U.S. Copyright Office, which explains it in much more detail. The original question did not even actually ask about writing, for the copyright part of it, it asked about product or packaging. This I did not go into because some of that may not necessarily be a copyright issue, but a patent issue, so I chose to example writing.
     
    sandarr, Feb 9, 2013 IP
  10. YMC

    YMC Well-Known Member

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    #10
    If you want to get technical, physical products are generally protected by patents and trademarks, not copyright. Trade dress (product packaging), even if it contains written words, generally falls under trademark law. Even used bottle caps are protected as trade dress.

    Copyright primarily relates to two-dimensional works like drawings, paintings, photographs and the written word.

    While a slogan like Nike's "Just Do It" is in fact words, it is actually covered by trademark, not copyright.

    Suggesting the OP visit the copyright site wasn't a bad idea. But, if you've ever read through that mess, you'll have to admit that the material is often confusing and somewhat vague. If it was clearly and precisely written, there wouldn't be so many court cases where judges have to 'interpret' the spirit of the law vs what was actually written vs what was left out.
     
    YMC, Feb 9, 2013 IP
  11. TextServices

    TextServices Active Member

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    #11
    A copywriter is a person who writes advertising copy.

    Copyright refers to the right, (exclusive right / permission) to make copies or license literary, musical, or artistic works. For example, if I write an article, that article is mine unless I give you the permission to reprint, use, alter, or sell that article. If you go to my website and copy that article, without my permission, you are in violation of the copyright. Now, if I wrote an article for a client and have been compensated for that article, the client owns the copyright. I no longer own the rights to that article. The client can do with that article as they please.

     
    TextServices, Feb 9, 2013 IP
  12. eimrahc

    eimrahc Member

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    #12
    Thank you for the overwhelming reply to my post, I just got confused between the two, and copyrighting a product. I will go for a certain packaging and they just asked me if I know how copyright a product.
     
    eimrahc, Feb 9, 2013 IP