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Old 22-07-2004, 07:59 AM   #8   [permalink]
David Ikari
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Join Date: 26 Jun 2000
Location: Newcastle, Australia
Posts: 2,388
In Australia, you cannot copyright a name. You have to register it as a trademark.
However, if the name makes up a 'substantial part' of your work, then you may get away with just copyright protection.

Trade Mark protects your unique usage of a name, word, common term, or image so that no one else can rip it off.

Thankfully, even if you don't decide to turn the name into a trade mark, you aren’t left out in the cold. If someone uses your elected name with the intention to ‘cash in’ off of your work or reputation, then you can complain to the Department of Fair Trading.

Just in case, though, you might want to copyright your material anyway.

The best way to make a copyright official is by getting it dated in a legally recognisable fashion. The best way to do this is to mail the name to yourself.

Put the name and all material describing what the name connects with onto paper. Describe everything as much detail as possible. Make sure to date and number each page.

At the post office, ask one of the employees to date every page using a date stamp. The stamp must have the logo or name of the post office in order to be official.

Put your documents in the envelope. If possible, write a list of what the envelope contains on the inside of the envelope itself. It's not essential, but it wont hurt.

Also, remember the name of the person who stamped your documents. If you can, get them to sign at least one of the pages. This is also non-essential, but handy.

A trademark would be better, but you can give yourself a little bit of protection if you follow the above procedure.

For more information on aussie copyright protection in relation to names, go to link G29 of this site: http://www.copyright.org.au/page3.htm

Last edited by David Ikari; 23-07-2004 at 12:09 AM.
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