How
do I know if something is copyrighted, such as a name or word? What should I
know about copyright law?
As
the other answers already noted, neither names nor words can be copyrighted. A
copyright protects art displays, performances and written works (this extends
to modern technology such as websites, illustrations, television and film).
The
protection of words, marks and names is done with registered trademarks. Just
like the official copyright symbol is a “C” inside a circle, the registered
trademark symbol is the letter “R” inside of a circle. The TM for trademark and
SM for service mark are not recognized by the patent trademarks and copyright
office. Some states may recognize them, but they are the weakest form of
protection.
You
should also know that you are not prohibited from using trademark names in your
own works, but you must not represent yourself as the trademark holder or imply
that your product is the trademarked product. This is why restaurants are so
quick to note that they serve Coke or Pepsi products if you order a brand name
drink which they do not serve. (As an ironic aside. The concession for
Hartsfield Atlanta Airport is held by PepsiCo, in Coca-Cola’s home city.)
There
is a lot more to know about trademarks and copyrights. If you are a graphic
artist, the handbooks from the American Institute of Graphic Arts (AIGA) and
the Graphic Artists Guild (GAG) are excellent references on this topic. I’m
certain there are similar resources for writers, other artists and businesses.
My advice is to find a good reference and to read it very very carefully and
after you have read the basics, if there is anything that you don’t understand
or that still puzzles you about your project, consult an intellectual property attorney before you make a very costly mistake.
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