Branding

branding

[ˈbrandiNG]

NOUN

  1. the action of marking with a branding iron.” regulations concerning the branding, movement, and sale of cattle”
    • the action of describing someone or something as having a particularly bad or shameful quality.” the branding of so many schools as failing has vexed school officials around the country”
  2. the promotion of a particular product or company by means of advertising and distinctive design.” the process of branding should be considered in global terms” · “The key principles of successful branding”

brand

VERB

branding (present participle)

  1. mark with a branding iron.” the seller had branded the animal with his grandfather’s name” synonyms:mark · stamp · burn · sear · identify
    • mark indelibly.” an ointment that branded her with unsightly violet-colored splotches”
    • mark out or describe as having a particularly bad or shameful quality.” she was branded a liar” · “the do-gooders branded us as politically incorrect” synonyms:stigmatize · accuse of being · mark out · denounce · discredit · vilify · besmirch · characterize · label · classify · categorize
  2. assign a brand name to.
    • promote (a particular product or company) by means of advertising and distinctive design.” we’ll have the ability to market and brand our own product”

ORIGIN Old English brand ‘burning’ ( also in the brand (sense 3of the noun)), of Germanic origin; related to German Brand, also to burn1. The verb sense ‘mark with a hot iron’ dates from late Middle English, giving rise to the noun sense ‘a mark of ownership made by branding’ (mid 17th century), whence brand (sense 1of the noun) (early 19th century).

 

The use of logos after copyrighting

Copyright 101

What is copyright?

Copyright is a set of exclusive legal rights given to the author or creator of an original work – that includes the right to copy, distribute, adapt, perform and display the work in public. The work itself does not necessarily have to be unique. The owner of the copyright to the material has the right to copy, print, and distribute their work. Anyone else who wants to reuse the work in this way has to obtain permission from the owner. Copyright law is automatically granted to an author or creator of a work as soon as the work is created.  Although the author or creator of a work does not have to register the work, by registering it they make the copyright more visible. Copyright also extends to unpublished work.  If work is created by an employee, then the employer is the copyright holder.

An idea is not protected by copyright. It is the use of that idea (such as a novel or song) that is protected. For a work to be protected by copyright, it has to be in a tangible form such as a book, e-book, software, music disc, painting, etc. Copyright does not protect names, titles, facts, ideas, discoveries, systems, common words, phrases or methods of operation. It may, however, protect the way these things are expressed, provided they meet the necessary criteria for copyright registration.

 What can be copyrighted?

The following are some examples of works that can be copyrighted:

  • literary works, including books, poems, theses, publications, handbooks, and manuals
  • motion pictures, TV series and dramatic works, including any accompanying music.
  • pantomimes and choreographic works
  • computer software and animations
  • computer software – graphical user interfaces
  • songs, song lyrics, sound recordings, and music
  • photographs, graphics, images, pictures
  • web pages
  • works of art including paintings, sculptures, architecture, and computer graphics
  • educational materials including texts and tests
  • program signals
  • broadcasts (radio, television, etc.)

How is copyright different from a patent or trademark?

Copyright protects the original works of an author or creator, whereas a patent protects inventions or discoveries, e.g. new technologies. A trademark protects words, phrases, symbols, or designs that identify the source of the goods or services of one party and distinguishes them from those of others, e.g. McDonald’s, Edgars or Louis Vuitton.

Exemptions to using copyright material

The following materials are exemptions to using copyrighted material:

  • making temporary copies – internet browsing or sending material by fax
  • library privilege – copying on behalf of customers, but not artistic works like music, movies, or TV series
  • recording judicial proceedings
  • abstracts, but not from an abstracting bulletin, as this is a database with its own associated rights
  • incidental inclusions where something is unintentionally included, such as a poster in a film
  • reading in public with due acknowledgment of author/rights-owner
  • advertising in sales catalogs
  • off-air recording from television or radio (time-shifting) for private and domestic use so that it can be viewed or listened to at a more convenient time
  • representations of works on public display e.g. a photograph of a statue
  • helping physically disabled people – the exception covers you if you are visually impaired, blind or partially sighted or have a physical disability such as arthritis, which means that you cannot hold a book, focus or move your eyes. It allows you to make a copy of lawfully obtained copyright work if you make it into a format that helps you read the material.
  • teaching in educational institutions
  • playing sound recordings for:
    • a non-profit club, society or other charitable organization
    • religion
    • education or social welfare
    • sound recordings in a public place where the public have not paid for admission and the playing forms part of the activities of a non-profit organization
    • demonstrating or repairing televisions and radio

How can work be copyrighted?

You automatically acquire the copyright the moment you produce it, write, and or record it. This means that the U.S. Copyright laws protect your work when it is recorded in a fixed tangible form.  Remember that it isn’t enough to just say it first! If you share your idea with someone and that person describers it in your words in a tangible form, first. That person then owns the copyright. This does not apply if a person is authorized to record.

The Copyright Act does not prescribe any formalities for copyright protection and the right becomes enforceable on the date of the work’s publication. It is, however, advisable to put your name and the date of publication together with your claim:

“Copyright © (Year) Author’s name

All rights reserved”

At a university all staff and students’ applicable work that was published in the course of their work or studies must carry the following copyright identification:

“Copyright © (Year) University of Cape Town

All rights reserved”

The (Year) represents the year in which the work was first published. According to the Bern Convention of 1886, all work that was first published in South Africa will also be protected internationally.

Books, plays, and photographs
Adding a copyright notice can easily be done on written works such as books, scripts, and essays, but can also be put onto photographs as a watermark. There are several free tools that you can use to watermark your pictures. They are available either for download or online. If you have Microsoft Publisher, you can also use that. All you need to do is open the photograph and click Insert. Select WordArt and add the shape you want to use, typing in the text you want. Then simply drag the watermark to the desired position on the photo.

There is also a useful sleuth tool that allows you to check whether any of your images are being used online without your permission.

Music
All you need to do to ensure that your music is copyrighted is to capture it in a fixed format such as a CD or audio file, or to write down the melody and lyrics on paper.

Artworks
As soon as the work is captured in a fixed format it is copyrighted.

Videos
Videos are the exception where copyright registration is concerned. If you have made a video that you wish to use for commercial purposes, you have to register it with the Companies and Intellectual Property Commission.


trade·mark

/ˈtrādˌmärk/

nounnoun: trademark; plural noun: trademarks

  1. 1.
    a symbol, word, or words legally registered or established by use as representing a company or product.synonyms: logo, emblem, sign, stamp, symbol, device, badge, crest, insignia, seal, coat of arms, shield, motif, hallmark, mark, figure, monogram, logotype, colophon

Patent law is the branch of intellectual property law that deals with new inventions. … Once granted, a patent gives the inventors the exclusive right to sell their invention for 20 years. Sometimes inventors give other companies a license to manufacture and sell the invention in exchange

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