1. What is intellectual property?
How do you define intellectual property?
Why do we have intellectual property?
Can you think of examples of I.P.?

2. Patents
Patents protect inventions to advance research, inventors gain protection
What can be patented?
Inventions
Design
Formulas
Business Models

3. Trademarks
Word, Symbol or device that differentiates your company, good or service.
Can be renewed indefinitely
Gordon’s Gin 1769
Use it or lose it – 2 years
Zipper, yo-yo, raisin bran
Jet-Ski – patent and trademark

4. Copyright Technology driven question Technology keeps pushing
Pre printing press it was too expensive
Technology keeps pushing
Photocopying - Xerox
Audio Tapes
VCR
Digital Duplication & Distribution

5. Her-story Statute of (Eight) Anne – 1710
Gave legal ownership to the writer of literature
Allowed for the legal transfer of ownership
Designed to encourage literature
Encourage authors, poets, etc. by assuring compensation
Modernist: Progress society through art & science
First copyrights granted to master printers in 16th century England
Designed to stop anti-government speech
Passed in the eight year of Queen Anne’s reign

6. Our-Story Article I, Section 8, US Constitution:
The Congress shall have power …to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries…
Advancement of knowledge vs. private property
Read along…
Go into philiosophy – distinguish between
Advancement of knowledge vs Private Property

7. Copyright Timeline 1790 – books, maps, & charts for 28 years
1802 – include prints
1831 – 42 years
1865 – Photography
1870 – Fine Art & Translation Rights
1976 – Current Law (federal)
1988 – Berne Convention (international)
Federal law supercedes state laws

8. Copyright Infringement
No copyright cops
Three point test, usually followed
In the copyright valid, is it original work?
Did the defendant have access?
Are the two works the same or substantially similar?
a) Is the general idea or theme the same or b) is the expression similar?
Sometime prong 3 is easy, if it’s a duplicate or contains the some clips
Krofft test – HR pufnstuff and the living island and McDonald land - originally in negotiations, employees and voice actor
Talk about song lisencing – 90 cents for 80’s song, $4000 to play the rocky theme song, used fght on instead – Rocky-esque

9. What can be copyrighted
Partial List:
literary works;
musical works, including any 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

10. What are the rights? The owner of the copyright is entitled to:
Reproduction
Preparation of derivative works
Public distribution
Public performance
Public display
Public digital performance of a sound recording
Stir up questions and problems

11. What can’t be copyrighted
Works that have not been fixed in a tangible form of expression
Titles, names, short phrases, and slogans; familiar symbols or designs; mere variations of typographic ornamentation, lettering, or coloring; mere listings of ingredients or contents
Ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or devices, as distinguished from a description, explanation, or illustration
Facts and Works consisting entirely of information that is common property and containing no original authorship

12. Obtaining Copyright Created upon creation Length
“original work fixed in a tangible medium”
Proof?
Registration?
Length
Life of the author plus 70 years
Work for hire: 95 years after the publication
Congress defines fixed in a tangible medium as sufficiently permanent or stable enough to be percieved, reporduced, communicated more than transitory

13. News Events Nobody owns the events or facts
The expression of the event can be copyrighted
The recording of the event can be copyrighted
Exception being public interest – ie JFK assassination

14. Internet and the DMCA DMCA Ease of copying
Traditional Laws Applied, but fail
Not broadcasting, exists on hard drive
Not local, not regional
Software, unlike other media, has an extremely short shelf life