INTELLECTUAL PROPERTY Objective 05.02

Intellectual Property Defined A product resulting from human creativity, an original work fixed in a tangible medium of expression. Patents-Inventions Copyrights-Movies, Songs, Plays, Literary Works, Choreography, Paintings, drawings, Photographs Trademarks-Products and Services Trade Secrets-Formulas, Practice, Process, Patterns Designs-Machines, Building, Products

Origin of Intellectual Property Constitution “ To promote the Progress of Science and useful Arts, by securing for limited Time to Authors and Inventors the exclusive Right to their respective Writings and Discoveries. ” Article 1, Section 8, Clause 8

5 Types of Intellectual Property Copyrights Patents Trademarks Trade secrets Designs

Trademark and Copyright Symbols SymbolTypeUse when TM SM P Trademark Service mark Copyright Registered with U.S. Patent Office Not registered with U.S. Patent Office Necessary for copyrighted words created prior to ; since 1980, optional for all works Sound recording copyright

Copyright Copyright law protects the expression of an idea but not the underlying idea itself, i.e. composers, artists, photographers. Minimum term of life of author plus 70 years 95 years in case of anonymous or pseudonymous works Published and unpublished works

Trade Secret Trade Secret law is protection under state law against unauthorized use.

Trademark Trademark is a distinctive mark, symbol, or slogan or any combination of these used by a business to identify goods and to distinguish them from products sold by others. Continuous use good forever. Renew every 10 years. General trademarks can be lost (Corn flakes and aspirin)

Service Mark Service Mark is a trademark used to identify a service rather than a product ( SM ).trademarkservice product

Patent Patent law provides monopoly protection for inventions. Protection much stronger than copyright. Holder has exclusive rights to produce, use, sell the invention for a 17 year period. Must be an original idea. Cannot be renewed.

Piracy Software Piracy-The unauthorized copying of software copyingsoftware Bootlegging-illegal copying and selling CD ’ s. Plagiarism- refers to the use of another's information, language, or writing, when done without proper acknowledgment of the original source

Types of Intellectual Property continued Design is the process of originating and developing a plan for a new object (machine, building, product, etc.)

Clipart and Public Domain Clipart-is the use of images either copied or physically cut from pre- existing printed works, either books that have entered the public domain.public domain

Fair Use Fair use policy-refers to the doctrine, which provides for the legal, non-licensed citation or incorporation of copyrighted material in another author's work.

Fair Use Fair use policy-A U.S. legal term for uses of content that is considered valid defenses to copyright infringement, such as for criticism or educational purposes.copyright Infringement- violation of a law or a right.

Other Types of Intellectual Property Right of publicity and right of privacy-protects individual persons under state law against use of person ’ s likeness. (Identity theft)

Other Types of Intellectual Property continued Trade dress law protects the appearance and image of a product or service Packaging size Shape Color Examples: d é cor, such as Outback Steakhouse chain Shape of a classic Coca Cola bottle

WebsitesUsed property/