Intellectual Property

An original (creative) work, invention or information protected by law through a trademark, patent, copyright or trade secret.

Trademark A distinctive sign, symbol, or indicator that uniquely distinguishes* a product or service from another. *sets it a part

Trademark Rights no registration required require continuous use limited to geographical area Registered Trademark Rights registration required require continuous use nationwide rights incontestable after 5 yrs allows statutory damages

Trademark Infringement A violation of Trademark rights when there is a likelihood of confusion between marks.

Patent The exclusive right for an inventor to manufacture, use, or sell a “novel” invention for a 20 year period. * This right is granted by the government

Patent Application Process The application is: 1. filed 2. reviewed 3. approved or rejected

Utility Patent Protects the way an invention is used and works Design Patent Protects ornamental design of a functional item

Design Patent: Example 2

Patent Infringement A violation where an invention is used without permission from the patent owner.

Patent Troll A company who buys and enforces patents with no intention to develop, manufacture, or market the invention. * used to sue “alleged” infringers

Copyright The exclusive right for creators of original work to: be credited for the work determine who can use it determine how others use it decide who may financially benefit from it

Copyrighted Works Literary Musical Dramatic Pantomimes or Choreographic Pictures, Graphics, Sculptures Motion Pictures Sound Recordings Architectural

Copyright Infringement A violation where there is unauthorized use of works through: reproduction performance or making a derivative* of the work. *a copy, imitation, etc.

Advantages of Copyright Registration Provides a public record Required for infringement suit Assumption of validity Sue for severe statutory damages Recover attorney’s fees

Copyright: Work Made for Hire An exception to the copyright rule where the creator does not own the right, but the company who hired the creator owns the right to the work. * This could be an employee or independent contractor hired to create the work.

Copyright Applies to: All original work

Trade Secret 1.Information kept out of view and knowledge from the public… 2.and maintains economic value by keeping it a secret.

Types of Trade Secrets Financial Business Scientific Technical Economic Engineering

Fair Use & other license agreements

Fair Use A law that allows limited portions of copyrighted materials to be used for educational purposes.

Fair Use: Allowable Amounts MEDIAAllowable Portion under the Fair Use Act Video, Movie (motion media) UP TO 10% or 3 minutes, whichever is less Text UP TO 10% or 1,000 words, whichever is less Music, Lyrics, Music Video UP TO 10%, but no more than 30 seconds Illustrations, Photographs No more than 5 images from an artist/photographer, or no more than 10% or 15 works from a published collective work Numerical Data Sets (databases) UP TO 10% or 2,500 fields, whichever is less

Creative Commons Allows others to use copyrighted work while still protecting the creator’s intellectual rights through one or more key license terms/agreements (rules).

Creative Commons Agreement Terms

Creative Commons applies to: Only works that creators have designated as Creative Commons

Public Domain Work that can be used, copied, adapted and published completely without restrictions, no permission needed.

Public Domain applies to: Work published before 1923 Work created by long-dead creators Work creators have placed in the Public Domain