Computer Engineering 294 IP R.Smith 5/ Intellectual Property What is it? Why is it important? – What is it designed to do? What are its basic forms?

Computer Engineering 294 IP R.Smith 5/ Rights to the Results of our Labor The question is when we create something do we have rights to what we created? Is there a difference if we create physical objects or intellectual property?

Computer Engineering 294 IP R.Smith 5/ A Real Difference When physical property is taken the owner/creator nolonger has the use/enjoyment of the property. When intellectual property is taken the owner/creator still has the property but looses some of the potential income from the property.

Computer Engineering 294 IP R.Smith 5/ Are Intellectual Property Rights Important? Rights given to the creators of intellectual property are designed to encourage the development of new intellectual property. Will property be created if the rights of ownership are not protected? The need to cover the cost of the investment.

Computer Engineering 294 IP R.Smith 5/ The Reward for Creation In the middle ages artists were supported by wealthy patrons.

Computer Engineering 294 IP R.Smith 5/ What has changed Technology has made the copying of intellectual property simple.

Computer Engineering 294 IP R.Smith 5/ Forms of Intellectual Property Trademark Trade Secret Patent Copyright

Computer Engineering 294 IP R.Smith 5/ Trademarks Definition – Used to identify and brand, goods and services. Basic protection – Comes from the Commerce Clause of the Constitution. – Protects consumers

Computer Engineering 294 IP R.Smith 5/ Trade Secret Definition – The protection of information that has value. – To be a trade secret the information must actually be secret and maintained as such. Basic Protection – Protection against the misappropriation of information is protected by state law.

Computer Engineering 294 IP R.Smith 5/ Patents Definition – Protection for a limited time of process, machine, manufacture or composition of matter. Basic protection – Constitution provides for the creation of the Patient Act. – Must be novel, non-obvious and have utility Does not need much utility i.e. “Keghead”

Computer Engineering 294 IP R.Smith 5/ Copyright Definition – Limited monopoly to encourage the authorship of expressive works. Basic Protection – Copyright Act – Works must be original, must be able to prove authorship and must be fixed in a tangible medium.

Computer Engineering 294 IP R.Smith 5/ Protection for Software Why does software get created? – To sell hardware – To make money – Because it is fun, i.e. Opensource Even without ownership software will still be created, but will the rewards be as great? Question for the final: – Should there be ownership protection for Software?

Computer Engineering 294 IP R.Smith 5/ Intellectual Property Intellectual property is any unique product of human intellect that has commercial value. – Books, Songs, Movies – Patents – Inventions – Images, Identity – Software – Trademarks/trade secrets

Computer Engineering 294 IP R.Smith 5/ Computer Generated Images Who owns them? Is a computer generated image an actor? Can anyone copy them? Images in online games? Digitally enhanced photography

Computer Engineering 294 IP R.Smith 5/ Digital Images Photos can and are copyrighted. Is capturing a digital image of a painting fair use?

Computer Engineering 294 IP R.Smith 5/ What is not protected Common knowledge refers to information on a topic that is widely known and readily available. Facts Basic ideas

Computer Engineering 294 IP R.Smith 5/ Kinds of Legal Protection Patents – Gives the holder control over technology – Advancement of the art – Ideas can not be patented – Too receive a patent It must have utility It must have novelty It must be non-obvious

Computer Engineering 294 IP R.Smith 5/ Kinds of Legal Protection Copyright – Must be a fixed expression – Expression of ideas is protected not the idea – Does not protect against independent development Trade secret/Trademarks – Effort must be made to keep secrets, secret – What was done to control access

Computer Engineering 294 IP R.Smith 5/ Fair Use of Copyrighted Material Is the reasonable and limited use of a copyrighted work without the author’s permission. Limitations: – The purpose and character of the use – The nature of the copyrighted work – Amount of work used – The economic impact of the use

Computer Engineering 294 IP R.Smith 5/ Copyrights The author’s permission is required for any copyrighted material that is used beyond fair use. Fair Use does not apply to graphics, written permission is required.

Computer Engineering 294 IP R.Smith 5/ Other Intellectual Property Issues Why is the whole of idea of intellectual property important? It provides a basic property right to something of value. Why protect those rights? – How is it important to you? – How is it important to society at large?

Computer Engineering 294 IP R.Smith 5/ IP and Software Development Does copying code come under Fair Use? – If it is for a school project then it is plagiarism. – If is for commercial use then it is not Fair Use.

Computer Engineering 294 IP R.Smith 5/ IP and Software Development Opensource – Why is there an opensource license? To give credit to the author So that the authors retain a level of control over what they created. – License types GPL General Public License Use requires that using code is also opensource. LGPL you can link to opensource BSD using code does not need to be opensource however you must knowledge the original creator.