Generally, the licensing of copyrights and trademarks is similar to the licensing of patents. However, there are a few unique aspects to each type of license.
Copyrightlicenses may be recorded in the U.S. Copyright Office, but this is not necessary. There is limited compulsory licensing in the U.S. that allows public broadcasters to broadcast copyrighted material. There is also a scheme of licensing organizations that have been established to facilitate the licensing of certain copyrighted materials, such as sound recordings. These are such organizations as ASCAP and BMI.
Trademarksmust be licensed with the goodwill associated with the mark. The trademark owner must make sure that the licensed product or services meet the owner’s quality standards.
Use by licensees may inure to the benefit of the trademark owner.
Copyright and Trademark Licensing
Thomas Joseph is a patent attorney in Pittsburgh, Pa. He maintains a solo practice in all areas of intellectual-property law. He has been practicing since 2001. Before starting his solo practice, Joseph was the General Counsel of Grant Street Group, a financial software firm. At Grant Street Group, he managed the company’s patent litigation against its primary competitors in the online-auction markets for tax certificates, foreclosures, tax deeds and municipal bonds. Joseph received a Bachelor of Science in Metallurgical Engineering and Materials Science from Carnegie Mellon University, a Master of Science in Materials Science and Engineering from the University of Florida and a Juris Doctorate from George Washington University.
You can contact him at www.joseph-iplaw.com.
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