How do I know if something is copyrighted, such as a name or word? What should I know about copyright law?

As the other answers already noted, neither names nor words can be copyrighted. A copyright protects art displays, performances and written works (this extends to modern technology such as websites, illustrations, television and film).

Copyright in Vietnam 

The protection of words, marks and names is done with registered trademarks. Just like the official copyright symbol is a “C” inside a circle, the registered trademark symbol is the letter “R” inside of a circle. The TM for trademark and SM for service mark are not recognized by the patent trademarks and copyright office. Some states may recognize them, but they are the weakest form of protection.

You should also know that you are not prohibited from using trademark names in your own works, but you must not represent yourself as the trademark holder or imply that your product is the trademarked product. This is why restaurants are so quick to note that they serve Coke or Pepsi products if you order a brand name drink which they do not serve. (As an ironic aside. The concession for Hartsfield Atlanta Airport is held by PepsiCo, in Coca-Cola’s home city.)

There is a lot more to know about trademarks and copyrights. If you are a graphic artist, the handbooks from the American Institute of Graphic Arts (AIGA) and the Graphic Artists Guild (GAG) are excellent references on this topic. I’m certain there are similar resources for writers, other artists and businesses. My advice is to find a good reference and to read it very very carefully and after you have read the basics, if there is anything that you don’t understand or that still puzzles you about your project, consult an intellectual property attorney before you make a very costly mistake.

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What is copyright and plagiarism, and how does the law/system regarding this work?

Copyrightis the exclusive legal right, given to an originator or an assignee to print, publish, perform, film, or record literary, artistic, or musical material, or to make derivative works, and to authorize others to do the same. Copyright infringement is illegal in most countries.

The details copyright infringement laws vary from country to country, but in the United States, the legal penalties for copyright infringement that the infringer pays the actual dollar amount of damages and profits. If the work was registered with the U.S. Copyright Office, the law provides a range from $200 to $150,000 in statutory damages for each work infringed, as well as the infringer paying for all attorneys fees and court costs.

Plagiarism is the practice of taking someone else's work or ideas and passing them off as one's own. Plagiarism is usually considered an ethical breech of conduct rather than a criminal or civil offense, unless one also commits copyright infringement when plagiarizing.

However, it is possible to plagiarize someone without infringing their copyright, if that person gives you permission to copy their work and publish it under your own name. It is also possible to infringe someone’s copyright without committing plagiarism by copying someone else’s work without their permission but crediting them as the creator of that work.

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