Email this Mix
Slide 1 - Caveat
Slide 2 - INTELLECTUALPROPERTY
Slide 3 - “A generic term used to describe products of the human intellect that have economic value”
Slide 4 - 4
- TRADE SECRET LAW
- TRADE SECRET—information that is not generally known in the business community and that provides its owner with a competitive advantage in the market place.
- EXAMPLES: A compilation of information used in ones
- Written words or a formula
- A process or procedure
- A technical design, pattern, or list
- A marketing plan, etc.
- Courts will protect the owner from disclosures by:
- a. Owner’s employees and others with a duty not to disclose
- b. Industrial spies and competitors who wrongfully acquire the
Slide 5 - 5
- COPYRIGHT LAW
- Copyright law protects original works of authorship.
- Cost nothing and is obtained automatically.
- Lasts for the life of the creator plus ninety (90) years.
Slide 6 - 6
- PATENT LAW
- Under federal law, an inventor is granted a monopoly on the use and commercial exploitation of an invention.
- Lasts approximately 17-18 years.
- Invention must be: Novel and NON-OBVIOUS
- 4. Protects functional features of a machine, process, manufactured item, or composition of matter, the ornamental design of a non-functional feature, or asexually reproducing plants.
Slide 7 - 7
- TRADEMARK LAW
- Protects names, titles, and short phrases.
- Holder of the trademark can obtain a court injunction and money damages.
- Governed by state and federal laws.
Slide 8 - Copyright
Slide 9 - 9
- COPYRIGHT is a form of protection provided
- by Title 7, USC, to the creators of “ORIGINAL
- WORKS OF AUTHORSHIP” including literary,
- dramatic, musical, artistic, and certain other
- intellectual works.
Slide 10 - OWNER HAS EXCLUSIVE RIGHT TO DO AND AUTHORIZE OTHERS TO DO THE FOLLOWING:
- Reproduce the work in copies or phono/digital-electronic records
- Prepare derivative works based upon the work
- Distribute copies or digital electronic records of the work to the public by sale or other transfer of ownership, or by rental, lease or lending
- Perform the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, motion pictures, and other audiovisual work
- Display the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including individual images of a motion picture or other audiovisual work
- Perform the work publicly (in the case of sound recordings) by means of a digital audio transmission
Slide 11 - THIS PROTECTION IS AVAILABLE FOR BOTH PUBLISHED AND UNPUBLISHED WORK………
Slide 12 - WHO CAN CLAIM?
- Copyright immediately becomes the property of the author who created the work and only the author, or those deriving their rights through the author, can claim copyright
Slide 13 - WORKS MADE FOR HIRE
- A work prepared by an employee within the scope of his employment
- A work specifically ordered or commissioned for use as:
- - a contribution to a collective work
- - a part of a motion picture or other audiovisual work
- - a translation
- - a supplementary work
- - a compilation
- - an instructional text
- - a test
- - answer material for a test
- - an atlas
Slide 14 - WHO HOLDS THE COPYRIGHT WHEN IT IS A WORK MADE FOR HIRE????????
Slide 15 - The EMPLOYER* and not the EMPLOYEE is considered to be the author
- * Must be a signed writing that it is a work for hire
Slide 16 - CO-AUTHORS
- AUTHORS OF A JOINT WORK ARE CO-OWNERS UNLESS THERE IS AN AGREEMENT TO THE CONTRARY
Slide 17 - TWO GENERAL PRINCIPLES
- Mere ownership of a book, manuscript, painting, or any other copy or phonorecord does not give the possessor the copyright
- - transfer of ownership does not convey any rights in copyright
- Minors may claim copyright but state law may regulate the business dealings involving the minor
Slide 18 - WHAT WORKS* ARE PROTECTED?
- Literary works
- Musical works, including accompanying words
- Dramatic works, including any accompanying music
- Pantomimes and choreographic works
- Pictorial, graphic, and sculptural works
- Motion pictures and other audiovisual works
- Sound recordings
- Architectural works
- * Should be viewed very broadly
Slide 19 - 19
- COMPILATIONS OF FACTS
- “…a work formed by the collection and assembling of pre-existing materials of data that are selected, coordinated, or arranged in such a way that the resulting work, as a whole, constitutes an original work of authorship.”
- (The Yellow Pages would normally not qualify)
Slide 20 - WHAT WORKS ARE NOT PROTECTED?
- Works that have not been fixed in a tangible form (e.g. choreographic works that have not been notated or recorded, or improvisation speeches or performances that have not been written or recorded)
- Titles, names, short phrases, and slogans; familiar symbols or designs; mere variations in typographic ornamentation, lettering, or coloring; mere listing of ingredients or contents
- Ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or devices, as distinguished from a description, explanation, or illustration
- Works consisting entirely of information that is common property and containing no original authorship (e.g. standard calendars, height and weight charts, tape measures and rulers, and lists or tables taken from public documents or other common sources)
Slide 21 - 21
- CANNOT COPYRIGHT AN IDEA
- However, what is copyrightable is the particular way in which an idea is expressed…but, whenever an idea and an expression is inseparable, then the expression cannot be copyrighted.
Slide 22 - HOW TO SECURE A COPYRIGHT
- NO PUBLICATION OR REGISTRATION IS REQUIRED
- A COPYRIGHT IS SECURED AUTOMATICALLY WHEN THE WORK IS CREATED AND A WORK IS “CREATED” WHEN IT IS FIXED IN A COPY OR PHONO/DIGITAL RECORD FOR THE FIRST TIME:
- - “COPIES” are material objects from which a work can be read or visually
- perceived either directly or with the aid of a machine or device such as
- books, manuscripts, sheet music, film, videotape, or microfilm, ETC.
- - “PHONORECORDS” are material objects embodying fixations of sounds
- such as cassette tapes, DVDs/CDs, or vinyl disks.
- COPYRIGHT NOTICE IS NO LONGER REQUIRED [ @2011 John Doe ]
Slide 23 - INDUCEMENTS TO REGISTER
- Registration establishes a public record of the copyright claim
- Before an infringement suit may be filed in court, registration is necessary for works of U.S. origin
- If made before or within 5 years of publication, registration will establish prima facie evidence in court of the validity of the copyright and the facts stated in the certificate
- If registration is made within 3 months after publication of the work prior to an infringement of the work, statutory damages and attorney’s fees will be available to the copyright owner in court actions. Otherwise, only an award of actual damages and profits is available to the copyright owner
- Registration allows the owner of the copyright to record the registration in the U.S. Customs Service for protection against the importation of infringing copies.
- * Registration may be made at any time within the life of the copyright
Slide 24 - REGISTRATION PROCEDURE
- 3 Essential Elements: a completed application, a non-refundable filing fee, and a non-returnable deposit (a copy of the work)
- Can apply on-line or by paper; however:
- - lower filing fee on-line
- - on-line is the faster processing time (receipt)
- - on-line provides status tracking
- - on-line has secured payment
- - on-line affords uploading of copies as electronic files
Slide 25 - PROTECTION PERIOD*
- Author’s life plus 90 years (if joint then 50 years after the last surviving author’s death).
- Works for Hire: 95 years from publication or 120 years from creation, whichever is shorter
- * Prior to January 1, 1978, 28 years from date it was published with copyright notice or on date of registration in unpublished form…then final renewal available for another 28 years.
Slide 26 - 26
- Any or all of the copyright owner's exclusive rights or any
- subdivision of those rights may be transferred, but the
- transfer of exclusive rights is not valid unless that transfer is
- in writing and signed by the owner of the rights conveyed or
- such owner's duly authorized agent.
- Transfer of a right on a nonexclusive basis does not require a
- written agreement.
- TRANSFER OF COPYRIGHT
Slide 27 - 27
- TRANSFER OF COPYRIGHT
- A copyright may also be conveyed by operation of law and may be bequeathed by will or pass as personal property by the applicable laws of intestate succession.
- Copyright is a personal property right, and it is subject to the various state laws and regulations that govern the ownership, inheritance, or transfer of personal property as well as terms of contracts or conduct of business.
- Transfers of copyright are normally made by contract. The law does provide for the recordation in the Copyright Office of transfers of copyright ownership. Although recordation is not required to make a valid transfer between the parties, it does provide certain legal advantages and may be required to validate the transfer as against third parties.
Slide 28 - INTERNATIONAL COPYRIGHT PROTECTION
- DOES NOT EXIST…
- Protections depend on the existing laws of that particular country or their participation in international treaties and conventions on copyrights
Slide 29 - 29
- INFRINGEMENT REMEDIES
- SUE AND OBTAIN COMPENSATION
- FOR ANY LOSES.
- OBTAIN AN INJUNCTION
Slide 30 - 30
- ACTUAL DAMAGES plus profits received by the infringer…or
- STATUTORY DAMAGES of not less than $500 and not more than $50,000 ($100,000 if infringement is willful), plus costs and attorney’s fees
Slide 31 - 31
- Nationality or domicile doesn’t matter
- NO ATTORNEY IS REQUIRED
- Once the copyright has expired, the work enters the public domain
- Copyrights registered with the U.S. Copyright Office in Washington, D.C.
- On-line information: www.loc.gov/copyright
Slide 32 - 32
- QUESTIONS ?