This is an accepted version of this page
74-462: Chris L. Zois (commonly known as Chris Zois ) is an American author of two short-term therapy books. Zois graduated from Rutgers University in New Jersey with a major in philosophy . He obtained his medical degree from New York Medical College and completed a residency in psychiatry at New York Hospital . Zois is the author of two books on short-term therapy: Think Like a Shrink ,
148-644: A work for hire (e.g., hired to write a city tour guide by a municipal government that totally owns the copyright to the finished work), or when writing material using intellectual property owned by others (such as when writing a novel or screenplay that is a new installment in an already established media franchise). In the United States, the Copyright Clause of the Constitution of the United States ( Article I, Section 8, Clause 8 ) provides
222-529: A "first-to-file" system, which grants rights to the first entity to register the mark. However, well-known trademarks are an exception, as they may receive protection even without registration. In contrast, a few countries, like the United States, Canada, and Australia, follow a "first-to-use" or hybrid system, where using the mark in commerce can establish certain rights, even without registration. However, registration in these countries still provides stronger legal protection and enforcement. For example, in
296-431: A certain number of copies had sold. In Canada, this practice occurred during the 1890s, but was not commonplace until the 1920s. Established and successful authors may receive advance payments, set against future royalties, but this is no longer common practice. Most independent publishers pay royalties as a percentage of net receipts – how net receipts are calculated varies from publisher to publisher. Under this arrangement,
370-412: A combination that identifies a product or service from a particular source and distinguishes it from others. Trademarks can also extend to non-traditional marks like drawings, symbols, 3D shapes like product designs or packaging, sounds, scents, or specific colors used to create a unique identity. For example, Pepsi® is a registered trademark associated with soft drinks, and the distinctive shape of
444-444: A company or product. A trademark, by contrast, offers legal protection for a brand with enforceable rights over the brand's identity and distinguishing elements. Trademark law is designed to fulfill the public policy objective of consumer protection , by preventing the public from being misled as to the origin or quality of a product or service. By identifying the commercial source of products and services, trademarks facilitate
518-467: A competitor uses the same or a confusingly similar trademark for the same or similar products in a jurisdiction where the trademark is protected. This concept is recognized in many jurisdictions, including the United States, the European Union, and other countries, though specific legal standards may vary. To establish trademark infringement in court, the plaintiff generally must show: Trademark
592-429: A different way: usually a set fee or a per word rate rather than on a percentage of sales. In the year 2016, according to the U.S. Bureau of Labor Statistics, nearly 130,000 people worked in the country as authors, making an average of $ 61,240 per year. Trademark law A trademark (also written trade mark or trade-mark ) is a form of intellectual property that consists of a word, phrase, symbol, design, or
666-630: A distinctive label or ticket'. In the United States , Congress first attempted to establish a federal trademark regime in 1870. This statute purported to be an exercise of Congress' Copyright Clause powers. However, the Supreme Court struck down the 1870 statute in the Trade-Mark Cases later on in the decade. In 1881, Congress passed a new trademark act, this time according to its Commerce Clause powers. Congress revised
740-437: A generic product or service name. They should stand out from the surrounding text using capital letters, bold type, italics, color, underlining, quotation marks, or a unique stylized format. For example, say “LEGO® toy blocks” instead of “Lego’s.” A trademark may be designated by the following symbols: While ™ and ℠ apply to unregistered marks (™ for goods and ℠ for services), the ® symbol indicates official registration with
814-588: A government scheme such as the ELR (educational lending right) and PLR (public lending right) schemes in Australia. Under these schemes, authors are paid a fee for the number of copies of their books in educational and/or public libraries. These days, many authors supplement their income from book sales with public speaking engagements, school visits, residencies, grants, and teaching positions. Ghostwriters , technical writers, and textbooks writers are typically paid in
SECTION 10
#1732801280742888-609: A loss of rights in the trademark. It is still possible to make significant changes to the underlying goods or services during a sale without jeopardizing the trademark, but companies will often contract with the sellers to help transition the mark and goods or services to the new owners to ensure continuity of the trademark. Trademarks are often confused with patents and copyrights . Although all three laws protect forms of intangible property, collectively known as intellectual property (IP), they each have different purposes and objectives: Among these types of IP, only trademark law offers
962-548: A self-help book published by Warner Books ; and a textbook, Short Term Therapy Techniques , published by Jason Aronson Publishers . He has also written five film screenplays: Zois has been on the teaching faculty of three medical schools, founded the New York Center for Short Term Psychotherapy, and contributed articles on short-term therapy to journals. In 2011, his license to practice medicine in New Jersey
1036-701: A whole. Trademark protection does not apply to utilitarian features of a product such as the plastic interlocking studs on Lego bricks. The earliest examples of use of markings date back to around 15,000 years ago in Prehistory . Similar to branding practices, the Lascaux cave paintings in France, for instance, depict bulls with marks, which experts believe may have served as personal marks to indicate livestock ownership. Around 6,000 years ago, Egyptian masonry featured quarry marks and stonecutters' signs to identify
1110-416: A work does not have to be sought in the one who produced it, "as if it were always in the end, through the more or less transparent allegory of the fiction, the voice of a single person, the author 'confiding' in us." The psyche, culture, fanaticism of an author can be disregarded when interpreting a text, because the words are rich enough themselves with all of the traditions of language. To expose meanings in
1184-448: A written work and producing the interpretation or meaning in a written work that both Barthes and Foucault are interested in. Foucault warns of the risks of keeping the author's name in mind during interpretation, because it could affect the value and meaning with which one handles an interpretation. Literary critics Barthes and Foucault suggest that readers should not rely on or look for the notion of one overarching voice when interpreting
1258-436: A written work without appealing to the celebrity of an author, their tastes, passions, vices, is, to Barthes, to allow language to speak, rather than author. Michel Foucault argues in his essay "What is an author?" (1969) that all authors are writers, but not all writers are authors. He states that "a private letter may have a signatory—it does not have an author." For a reader to assign the title of author upon any written work
1332-537: A written work, because of the complications inherent with a writer's title of "author." They warn of the dangers interpretations could suffer from when associating the subject of inherently meaningful words and language with the personality of one authorial voice. Instead, readers should allow a text to be interpreted in terms of the language as "author." Self-publishing is a model where the author takes full responsibility and control of arranging financing, editing, printing, and distribution of their own work. In other words,
1406-493: Is "escalator," which was once a trademark. In contrast, patents have a fixed term, typically lasting 20 years from the filing date, after which the invention enters the public domain. Copyrights generally last for the life of the author plus an additional 50 to 70 years (depending on the jurisdiction), after which the protected work enters the public domain. Although intellectual property laws such as these are theoretically distinct, more than one type may afford protection to
1480-435: Is inherently distinctive (able to identify and distinguish a single source of goods or services), often falling into categories such as suggestive, fanciful, or arbitrary, and is therefore registerable. In contrast, weak trademarks tend to be either descriptive or generic and may not be registerable. The registration process typically begins with a trademark clearance search to identify potential conflicts that could prevent
1554-399: Is not one of harmony and neutrality. In particular for the writer, their authorship in their work makes their work part of their identity, and there is much at stake personally over the negotiation of authority over that identity. However, it is the editor who has "the power to impose the dominant definition of the writer and therefore to delimit the population of those entitled to take part in
SECTION 20
#17328012807421628-441: Is often thought of as the writer of a book , article , play , or other written work . In the case of a work for hire , the employer or commissioning party is considered the author of the work, even if they did not write or otherwise create the work, but merely instructed another individual to do so. Typically, the first owner of a copyright is the person who created the work, i.e. the author. If more than one person created
1702-503: Is required to act as the "basic mark." In the international application, the trademark owner can designate one or more Madrid System Member countries for protection. Each designated country’s trademark office will review the Madrid application under its local laws to grant or refuse protection. In the United States, for example, a trademark must first be registered or pending with the U.S. Patent and Trademark Office (USPTO) to serve as
1776-466: Is subject to various defenses, such as abandonment, limitations on geographic scope , and fair use. In the United States, the fair use defense protects many of the interests in free expression related to those protected by the First Amendment . Fair use may be asserted on two grounds, either that the alleged infringer is using the mark to describe accurately an aspect of its products, or that
1850-418: Is to attribute certain standards upon the text which, for Foucault, are working in conjunction with the idea of "the author function." Foucault's author function is the idea that an author exists only as a function of a written work, a part of its structure, but not necessarily part of the interpretive process. The author's name "indicates the status of the discourse within a society and culture," and at one time
1924-606: Is used to refer to both trademarks and service marks. Similarly, the World Intellectual Property Organization (WIPO) defines a trademark as a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. WIPO administers the Madrid Protocol , which allows trademark owners worldwide to file one application to register their trademark in multiple countries. Almost anything that identifies
1998-587: The European Union Intellectual Property Office (EUIPO). Registration provides the owner certain exclusive rights and provides legal remedies against unauthorized use by others. Trademark laws vary by jurisdiction but generally allow owners to enforce their rights against infringement, dilution, or unfair competition. International agreements, such as the Paris Convention and the Madrid Protocol , simplify
2072-646: The "basic mark" necessary for Madrid filings. The trademark registration process with the USPTO generally follows these steps: Trademark owners seeking protection in multiple jurisdictions have two options: the Paris route, under the Paris Convention , or the Madrid System , which is administered by WIPO . The Paris route, covering 180 countries and also known as the "direct route," requires filing separate applications with each country’s IP office. In contrast,
2146-544: The 2010s involved photographs taken by Celebes crested macaques using equipment belonging to a nature photographer. The photographer asserted authorship of the photographs, which the United States Copyright Office denied, stating: "To qualify as a work of 'authorship' a work must be created by a human being". More recently, questions have arisen as to whether images or text created by a generative artificial intelligence have an author. Holding
2220-547: The Coca-Cola® bottle is a registered trademark protecting Coca-Cola's packaging design. The primary function of a trademark is to identify the source of goods or services and prevent consumers from confusing them with those from other sources. Legal protection for trademarks is typically secured through registration with governmental agencies, such as the United States Patent and Trademark Office (USPTO) or
2294-517: The Congress with the power of "securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries". The language regarding authors was derived from proposals by Charles Pinckney , "to secure to authors exclusive rights for a limited time", and by James Madison , "to secure to literary authors their copyrights for a limited time", or, in the alternative, "to encourage, by proper premiums & Provisions,
Chris Zois - Misplaced Pages Continue
2368-429: The European Union requires "genuine use" of the mark within a continuous five-year period following registration to maintain the trademark, with non-use potentially resulting in revocation. The trademark owner must enforce their rights to preserve the trademark's distinctiveness , prevent trademark infringement, and avoid dilution. Enforcement after registration generally involves: Trademark infringement occurs when
2442-468: The Madrid System streamlines the process by allowing a single Madrid application, built on an existing or applied-for national or regional registration (the "basic mark"), to extend protection to up to 131 countries. Unlike patents and copyrights , which have fixed expiration dates, trademark registrations typically have an initial term of 10 years and can be renewed indefinitely, as long as
2516-577: The Roman Empire. Other notable trademarks that have been used for a long time include Stella Artois , which claims use of its mark since 1366, and Löwenbräu , which claims use of its lion mark since 1383. The first trademark legislation was passed by the Parliament of England under the reign of King Henry III in 1266, which required all bakers to use a distinctive mark for the bread they sold. The first modern trademark laws emerged in
2590-528: The Trademark Act in 1905. The Lanham Act of 1946 updated the law and has served, with several amendments, as the primary federal law on trademarks. The Trade Marks Act 1938 in the United Kingdom set up the first registration system based on the "intent-to-use" principle. The Act also established an application publishing procedure and expanded the rights of the trademark holder to include
2664-492: The Trademark Electronic Search System (TESS) in 2023. A comprehensive clearance search involves checking the USPTO database for federally registered and applied-for trademarks, state trademark databases, and the internet to see if someone else has already registered that trademark or a similar one. The search should also include looking at both words and designs. To search for similar designs in
2738-486: The UK Patent Office for the first time. Registration was considered to comprise prima facie evidence of ownership of a trademark and registration of marks began on 1 January 1876. The 1875 Act defined a registrable trade mark as a device or mark, or name of an individual or firm printed in some particular and distinctive manner; or a written signature or copy of a written signature of an individual or firm; or
2812-400: The USPTO database, design search codes must be used. WIPO ’s Global Brand Database provides international access to trademarks and emblems. Trademark owners can either maintain protection at the national level or expand internationally through the Madrid System by building on their national registration. To pursue international protection, a national registration or pending application
2886-584: The United States, trademark rights are established either (1) through first use of the mark in commerce, creating common law rights limited to the geographic areas of use, or (2) through federal registration with the U.S. Patent and Trademark Office (USPTO), with use in commerce required to maintain the registration. Federal registration with the USPTO provides additional benefits, such as: Trademark law grants legal protection to "distinctive" trademarks, which are marks that allow consumers to easily associate them with specific products or services. A strong trademark
2960-614: The advancement of useful knowledge and discoveries". Both proposals were referred to the Committee of Detail , which reported back a proposal containing the final language, which was incorporated into the Constitution by unanimous agreement of the convention. In literary theory, critics find complications in the term author beyond what constitutes authorship in a legal setting. In the wake of postmodern literature , critics such as Roland Barthes and Michel Foucault have examined
3034-459: The alleged infringer is using the mark to identify the mark owner. One of the most visible proofs that trademarks provide a limited right in the U.S. comes from the comparative advertising that is seen throughout U.S. media. An example of the first type is that although Maytag owns the trademark "Whisper Quiet" for its dishwashers, makers of other products may describe their goods as being "whisper quiet" so long as these products do not fall under
Chris Zois - Misplaced Pages Continue
3108-407: The author also acts as the publisher of their work. With commissioned publishing, the publisher makes all the publication arrangements and the author covers all expenses. The author of a work may receive a percentage calculated on a wholesale or a specific price or a fixed amount on each book sold. Publishers, at times, reduced the risk of this type of arrangement, by agreeing only to pay this after
3182-410: The author does not pay anything towards the expense of publication. The costs and financial risk are all carried by the publisher, who will then take the greatest percentage of the receipts. See Compensation for more. Vanity publishers normally charge a flat fee for arranging publication, offer a platform for selling, and then take a percentage of the sale of every copy of a book. The author receives
3256-438: The barring of trademark use even in cases where confusion remained unlikely. This Act served as a model for similar legislation elsewhere. The oldest registered trademark has various claimants, enumerated below: Trademark protection can be acquired through registration and/or, in certain countries, through use. Globally, the most common method for establishing trademark rights is registration. Most countries operate under
3330-421: The book sales are not the publishers' main source of income, but instead the fees that the authors are charged to initially produce the book are. Because of this, the vanity publishers need not invest in making books marketable as much as other publishers need to. This leads to low quality books being introduced to the market. The relationship between the author and the editor , often the author's only liaison to
3404-437: The focus from the reader-audience and putting a strain on the relationship between authors and editors and on writing as a social act. Even the book review by the editors has more significance than the readership's reception. Authors rely on advance fees, royalty payments, adaptation of work to a screenplay, and fees collected from giving speeches. A standard contract for an author will usually include provision for payment in
3478-488: The form of an advance and royalties. Usually, an author's book must earn the advance before any further royalties are paid. For example, if an author is paid a modest advance of $ 2000, and their royalty rate is 10% of a book priced at $ 20 – that is, $ 2 per book – the book will need to sell 1000 copies before any further payment will be made. Publishers typically withhold payment of a percentage of royalties earned against returns. In some countries, authors also earn income from
3552-409: The identification of products and services which meet the expectations of consumers as to the quality and other characteristics. Trademarks may also serve as an incentive for manufacturers, providers, or suppliers to consistently provide quality products or services to maintain their business reputation. Furthermore, if a trademark owner does not maintain quality control and adequate supervision about
3626-574: The late 19th century. In France, the first comprehensive trademark system in the world was passed into law in 1857 with the "Manufacture and Goods Mark Act". In Britain, the Merchandise Marks Act 1862 made it a criminal offense to imitate another's trade mark 'with intent to defraud or to enable another to defraud'. The passing of the Trade Marks Registration Act 1875 allowed formal registration of trademarks at
3700-529: The length of this fixed period where the work is exclusively controlled by the copyright holder. Technically, someone owns their work from the time it's created. A notable aspect of authorship emerges with copyright in that, in many jurisdictions, it can be passed down to another, upon one's death. The person who inherits the copyright is not the author, but has access to the same legal benefits. Intellectual property laws are complex. Works of fiction involve trademark law , likeness rights , fair use rights held by
3774-532: The manufacture and provision of products or services supplied by a licensee, such "naked licensing" will eventually adversely affect the owner's rights in the trademark. For US law see, ex. Eva's Bridal Ltd. v. Halanick Enterprises, Inc. 639 F.3d 788 (7th Cor. 2011). This proposition has, however, been watered down by the judgment of the House of Lords in the case of Scandecor Development AB v. Scandecor Marketing AB et al. [2001] UKHL 21; wherein it has been held that
SECTION 50
#17328012807423848-415: The mark remains in continuous use in commerce. If the trademark owner stops using the mark for too long (typically three to five years, depending on the jurisdiction), the trademark rights may be lost. For example, in the United States, trademark rights are based on use in commerce. If a mark is not used for three consecutive years, it is presumed abandoned and becomes vulnerable to challenges. Similarly,
3922-476: The mere fact that a bare license (the equivalent of the United States concept of a naked license) has been granted did not automatically mean that a trademark was liable to mislead. By the same token, trademark holders must be cautious in the sale of their mark for similar reasons as apply to licensing. When assigning an interest in a trademark, if the associated product or service is not transferred with it, then this may be an "assignment-in-gross" and could lead to
3996-421: The possibility of perpetual rights, provided the trademark is continuously used and renewed. However, if a trademark is no longer in use, its registration may be subject to cancellation. Trademarks can also lose protection through genericide , a process where a trademark becomes so widely used to refer to a category of goods or services that it loses its distinctiveness and legal protection. A well-known example
4070-479: The process of its production. Every line of written text is a mere reflection of references from any of a multitude of traditions, or, as Barthes puts it, "the text is a tissue of quotations drawn from the innumerable centers of culture"; it is never original. With this, the perspective of the author is removed from the text, and the limits formerly imposed by the idea of one authorial voice, one ultimate and universal meaning, are destroyed. The explanation and meaning of
4144-590: The public (including the right to parody or satirize ), and many other interacting complications. Authors may portion out the different rights that they hold to different parties at different times, and for different purposes or uses, such as the right to adapt a plot into a film, television series, or video game. If another party chooses to adapt the work, they may have to alter plot elements or character names in order to avoid infringing previous adaptations. An author may also not have rights when working under contract that they would otherwise have, such as when creating
4218-498: The publishing company, is typically characterized as the site of tension. For the author to reach their audience, often through publication, the work usually must attract the attention of the editor. The idea of the author as the sole meaning-maker of necessity changes to include the influences of the editor and the publisher to engage the audience in writing as a social act. There are three principal kinds of editing: Pierre Bourdieu 's essay "The Field of Cultural Production" depicts
4292-405: The publishing industry as a "space of literary or artistic position-takings," also called the "field of struggles," which is defined by the tension and movement inherent among the various positions in the field. Bourdieu claims that the "field of position-takings [...] is not the product of coherence-seeking intention or objective consensus," meaning that an industry characterized by position-takings
4366-570: The registration and protection of trademarks across multiple countries. Additionally, the TRIPS Agreement sets minimum standards for trademark protection and enforcement that all member countries must follow. The term trademark can also be spelled trade mark in regions such as the EU, UK, and Australia, and as trade-mark in Canada. Despite the different spellings, all three terms denote
4440-527: The registration of the trademark. A comprehensive clearance search can help avoid costly and time-consuming issues, such as refusal to register, opposition or cancellation proceedings, or a trademark infringement lawsuit. In the United States, the USPTO maintains a publicly accessible database of registered trademarks. This database can be searched using the Trademark Search system, which replaced
4514-425: The relevant national authority. Using the ® symbol for unregistered trademarks is misleading and can be treated as unfair business practice. It may also result in civil or criminal penalties. A brand is a marketing concept that reflects how consumers perceive a product or service. It has a much wider meaning and refers to the proprietary visual, emotional, rational, and cultural image that customers associate with
SECTION 60
#17328012807424588-415: The rest of the money made. Most materials published this way are for niche groups and not for large audiences. Vanity publishing, or subsidy publishing, is stigmatized in the professional world. In 1983, Bill Henderson defined vanity publishers as people who would "publish anything for which an author will pay, usually at a loss for the author and a nice profit for the publisher." In subsidy publishing,
4662-465: The role and relevance of authorship to the meaning or interpretation of a literary text. Barthes challenges the idea that a text can be attributed to any single author. He writes, in his essay "Death of the Author" (1968), that "it is language which speaks, not the author." The words and language of a text itself determine and expose meaning for Barthes, and not someone possessing legal responsibility for
4736-426: The same article. For example, the particular design of a bottle may qualify for copyright protection as a non-utilitarian [sculpture], or trademark protection based on its shape, or the ' trade dress ' appearance of the bottle as a whole may be protectable. Titles and character names from books or movies may also be protectable as trademarks while the works from which they are drawn may qualify for copyright protection as
4810-405: The same category of goods the trademark is protected under. An example of the second type is that Audi can run advertisements saying that a trade publication has rated an Audi model higher than a BMW model since they are only using "BMW" to identify the competitor. In a related sense, an auto mechanic can truthfully advertise that he services Volkswagens , and a former Playboy Playmate of
4884-547: The same concept. In the United States, the Lanham Act defines a trademark as any word, phrase, symbol, design, or combination of these things used to identify goods or services. Trademarks help consumers recognize a brand in the marketplace and distinguish it from competitors. A service mark , also covered under the Lanham Act, is a type of trademark used to identify services rather than goods. The term trademark
4958-486: The source of goods or services can serve as a trademark. In addition to words, slogans, designs, or combinations of these, trademarks can also include non-traditional marks like sounds, scents, or colors. Under the broad heading of trademarks, there are several specific types commonly encountered, such as trade dress, collective marks, and certification marks: To maintain distinctiveness , trademarks should function as adjectives, not as nouns or verbs, and be paired with
5032-488: The stone's origin and the workers responsible. Wine amphorae marked with seals were also found in the tomb of Pharaoh Tutankhamun , who ruled ancient Egypt more than 3,000 years ago. Over 2,000 years ago, Chinese manufacturers sold goods marked with identifying symbols in the Mediterranean region. Trademarks have also been discovered on pottery, porcelain, and swords produced by merchants in ancient Greece and
5106-459: The struggle to define the writer". As "cultural investors," publishers rely on the editor position to identify a good investment in "cultural capital" which may grow to yield economic capital across all positions. According to the studies of James Curran, the system of shared values among editors in Britain has generated a pressure among authors to write to fit the editors' expectations, removing
5180-453: The title of "author" over any "literary, dramatic, musical, artistic, [or] certain other intellectual works" gives rights to this person, the owner of the copyright, especially the exclusive right to engage in or authorize any production or distribution of their work. Any person or entity wishing to use intellectual property held under copyright must receive permission from the copyright holder to use this work, and often will be asked to pay for
5254-406: The use of copyrighted material. The copyrights on intellectual work expire after a certain time. It enters the public domain , where it can be used without limit. Copyright laws in many jurisdictions – mostly following the lead of the United States, in which the entertainment and publishing industries have very strong lobbying power – have been amended repeatedly since their inception, to extend
5328-409: The work, then a case of joint authorship takes place. Copyright laws differ around the world. The United States Copyright Office , for example, defines copyright as "a form of protection provided by the laws of the United States (title 17, U.S. Code) to authors of 'original works of authorship. ' " Some works are considered to be authorless. For example, the monkey selfie copyright dispute in
5402-410: Was revoked . Author In legal discourse, an author is the creator of an original work that has been published, whether that work is in written, graphic, or recorded medium. The creation of such a work is an act of authorship . Thus, a sculptor , painter , or composer , is an author of their respective sculptures, paintings, or compositions, even though in common parlance, an author
5476-403: Was used as an anchor for interpreting a text, a practice which Barthes would argue is not a particularly relevant or valid endeavor. Expanding upon Foucault's position, Alexander Nehamas writes that Foucault suggests "an author [...] is whoever can be understood to have produced a particular text as we interpret it," not necessarily who penned the text. It is this distinction between producing
#741258