(4) Some of the examples from nineteenth century novels include the words forgery and fraud in a criminal sense.
In the twenty-first century producers of forgeries, fakes and counterfeits, in addition to obtaining money by fraud, are often breaking modern copyright or trademark laws, which is a crime in its own right. But what do we mean by copyright and trademark?
Look at these definitions of the words copyright and trademark. Then work through the next task.
COPYRIGHT protects the authors or creators of original work. This includes literary, dramatic, musical, artistic and other intellectual works, including works of artistic craftsmanship. If you created the work, then in general only you have the right to do the following (or let others do the following)
– make copies of your work;
– distribute copies of your work;
– perform your work (such as plays, poems, dances or music) in public;
– show or play your work (such as films, sound recordings or broadcasts) in public;
– adapt your work (such as books, music or plays) into another form.
TRADEMARK is a distinctive sign used in trade. Trademarks tell us the source of products and services. They are usually words and / or designs. Think of the name of your favourite chocolate bar, your favourite jeans or your favourite social media network – they’re all trademarks.
Copyright and trademarks are important examples of what we call “intellectual property” or “IP”. They are a kind of property, protected by the law, that results from artistic creativity or a reputation in business.
Look at this chart below. In the first column is a description of a new product. Read it carefully and decide whether you think it could be a breach of copyright law, trademark law, both or neither. Indicate your answer in the second column. In the third column, list any further information you would need before making a final decision.