1. Intellectual Property

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

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

4. 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

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

6. 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

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

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

9. Design Patent: Example 2

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

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

12. 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

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

14. 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.

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

16. 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.

17. Copyright Applies to: All original work

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

19. Types of Trade Secrets Financial Business Scientific Technical Economic Engineering

20. Fair Use & other license agreements

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

22. 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

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

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