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Are There Any New Ideas in HR and Recruiting? The Difference Between Trademark/Copyright/Patent...

There's gon' be another cat comin' out
Lookin' like me, soundin' like me, next year I know this
They'll be a flipside, do whatchu you do
Somebody'll try to spin off like some series

--Everlast, "Rock Superstar", Cypress Hill

We love to talk about doing things differently in the worlds of HR, Recruiting and Talent. Innovation matters, and that's a good thing.

But what if you truly came up with something new? How would you protect your IP? Let's start with a refresher course on the differences between trademarks, copyrights and patents, because these are referred to horrifically wrong about 50% of the time in our industry.

For those in need, here's the difference:

--A trademark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one party from those of others.

--A copyright protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture. 

--A patent is a limited duration property right relating to an invention, granted by the United States Patent and Trademark Office in exchange for public disclosure of the invention. Patentable materials include machines, manufactured articles, industrial processes, and chemical compositions. 

(email subscribers, click through for graphic below on the differences between the three, including length of protection)

Trademark vs copyright

Innovation naturally begs the question whether you're doing something truly different or simply repackaging someone else's past ideas.

Does most of your innovative work in HR, Recruiting or Talent rise to the level of a Copyright or Trademark?  The answer is no.

You might have a new company - with a logo, descriptive tagline and color palette - go to town, pay an attorney and get a Trademark if you think that's necessary. If your revenue is under 1M, I'm not sure you're focused on the right things.  But you do you.

When it comes to ideas, most of the work we do in HR/recruiting and talent doesn't rise to the level of a copyright. You put a new program together, but you're like the Cypress Hill lyric above - you're borrowing from others, and when you're at your best, you create your own flavor - a flipside of the work of others, with some value added by you.

When we're at our best in HR, we're stealing stuff from the smartest people - and proud to do it.

It's interesting to get clarity on the difference between trademark/copyright/patent.

It's humbling to know that most of us will never have the need to file for any of these creative protections.

It's smart to acknowledge the most talented of us are repackaging the ideas of others and focusing on communications and execution.

Alot of a...sharks out there...try'na take a bite of somethin'
What's hot
Lot of chameleons out there...try'na change up
Anytime somethin' new comes along...everybody wants a bite
Don't happen overnight

--Chino Moreno, Cypress Hill

 

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