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Which Type of Intellectual Property Protection Do I Need?

Art Law Journal

Copyright is the type of Intellectual Property most often associated with artistic works like fine art, movies, or books. Copyright only protects: original works of authorship fixed in a tangible medium. For any works created before 1989 and 1924, use the flowchart below. © Steve Schlackman (1975).

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Which Types of IP (Intellectual Property) Protection Do Artists Need?

Art Law Journal

At a fundamental level, each type of Intellectual Property focuses on a different creative work: copyright protects visual art and writings, trademark protects the names, symbols, or slogans for products or services, and patent protects inventions. Copyright only protects: original works of authorship fixed in a tangible medium.

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Resolving Conflicts Between Trademark and Free Speech Rights After Jack Daniel’s v. VIP Products (Guest Blog Post)

Technology & Marketing Law Blog

As noted by Professor Jake Linford , the examples used by the Court when it discusses application of the Rogers test focus on uses in the title or content of artistic works (not on T-shirts). Such words and symbols are also less likely to function as a source-identifying mark.