The History of Copyrights & Trademarks

1. The History of Copyrights & Trademarks Intellectual property (IP) is big business. Not only does IP generate income for the creators and owners through such means as licensing, the legal business of protecting IP is also in high demand. This is evident given the great deal of work around Copyright infringement. It is no surprise you’ll find Copyright Infringement Miami and Trademark Attorney Miami and every other city as well. When you start to think about the money generated from intellectual property and its protection, it can cause one to wonder how copyrights and trademarks and their protections came to be in the United States. Brief History of Copyrights The story of copyrights in the U.S. actually begins in England in 1710. At this time, Parliament enacted what is referred to as the Statute of Anne that offered protection to authors against copyright infringement. Although the protection for authors was limited, this

2. statute was the basis for copyright law in the U.S. Eighty years after the Statute of Anne, a copyright provision was incorporated into the United States Constitution. The Copyright Act of 1790 - An Act for the Encouragement of Learning, by Securing the Copies of Maps, Charts, and Books to the Authors and Proprietors of Such Copies – was added for various reasons. Among them, was to encourage writers, artists, scientists, and others to produce works to advance society and the United States by giving creators ownership and rights to said ideas and creations. Since this time, copyright law has continued to evolve and keep up with changes in technology and the nature of works being created. To clarify, copyrights don’t just apply to written works and ideas, they also apply to things like artwork and photography. One recent example is a case of Copyright Infringement Miami between a local photographer and an international realty company who repeatedly used one of the photographer’s photos of the Miami skyline without permission. This specific suit is seeking $25,000 for each time the photo was used. Brief History of Trademarks Trademarks differ from copyrights in that they protect recognizable, distinct designs or expressions that represent a brand, product or service. This includes things like a business’s name, logos, and slogans. Like copyrights, the history of trademark protection began in the United Kingdom, most notably with the 1938 Trade Marks Act. The foundation of trademark protections in the United States is granted under the 1946 Lanham Act. There are further enhanced protections under the Trademark Counterfeiting Act of 1984. Much like copyrights, trademark protections have evolved over time, especially to keep up with changes in technology.

3. Often, the basis for a trademark claim is that a name is too similar and use of the name causes confusion among reasonable individuals. A major neighborhood redevelopment project in Miami, dubbed the Magic City Innovation District, is being sued by Magic City Casino under this pretense. In support of their claim, Magic City Casino has noted that they have received calls about an art show that was actually taking place in the Magic City Innovation District. Courts will decide whether Magic City Casino has a case but, this is just one example of what create a demand for a Trademark Attorney Miami and elsewhere.