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Joining the Conversation
Intellectual property & engineering ethics Presented by: Ms. Brandy Foster
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What We Will Cover What’s the Conversation?
Defining Intellectual Property Copyrights Patents Trademarks Plagiarism Unethical Participation in the Conversation Consequences Ethics Role in Engineering
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What’s the Conversation?
Professionals in research fields such as engineering engage in a continuous conversation that supports innovation: Graduate publications, such as Master’s theses or Doctoral dissertations Technical reports Conference papers and posters Journal articles Monographs Text books
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What’s the Conversation?
The commonality among the different types of contributions to the conversation is their value in adding something new and innovative. What types of findings support innovation? What are some of the rewards for making a meaningful contribution to the conversation?
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Defining Intellectual Property (IP)
Intellectual property is a legal concept that refers to creations of the mind for which exclusive rights are recognized. Examples: Musical, literary, and artistic works; designs; symbols; images; software expression (i.e., intangible assets) Exclusions: Ideas, facts, concepts, processes, methods of operation
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Defining Intellectual Property
Intellectual property law is a branch of federal law that deals with the legal rights associated with types of intangible assets: Copyright (United States Copyright Office) Patents (United States Patent and Trademark Office) Trademarks (United States Patent and Trademark Office)
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Defining Intellectual Property: Copyright
Copyright protection subsists, in accordance with this title, in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. -United States Copyright Office
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Defining Intellectual Property: Copyright
Per the U.S. Copyright Office, works of authorship include the following categories: (1) literary works (works expressed in words, numbers, or other verbal or numerical symbols or indicia, regardless of the nature of the material objects, such as books, periodicals, manuscripts in which they are embodied); (2) musical works, including any accompanying words; (3) dramatic works, including any accompanying music; (4) pantomimes and choreographic works; (5) pictorial, graphic, and sculptural works; (6) motion pictures and other audiovisual works; (7) sound recordings; and (8) architectural works.
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Defining Intellectual Property: Copyright
U.S. Copyright Law (Title 17): Copyright protects works of authorship and gives exclusive rights: To make copies To produce derivative works, such as translations into other languages or movies based on books To distribute copies To perform the work in public (e.g. music, plays) To display the work in public (e.g. artwork, movies, computer games, video on a Web site) The duration of a copyright from the moment of creation in a fixed medium is the author’s life plus 70 years After that time, it becomes part of public domain and no longer a protected work. -United States Copyright Office
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Defining Intellectual Property: Copyright
Purpose of Copyright Protection: To promote the exchange of information and advancement of ideas that may benefit society Protect the author’s interest in his or her creative work
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Defining Intellectual Property: Copyright
Per the U.S. Copyright Office, Fair Use is a legal doctrine that promotes freedom of expression by permitting the unlicensed use of copyright-protected works in certain circumstances: Criticism Comment News reporting Teaching Research
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Defining Intellectual Property: Copyright
Four factors in determining Fair Use: Purpose and character of the use, including whether the use is of a commercial nature or is for nonprofit educational purposes. Nature of the copyrighted work: The more creative a work is (i.e., novel, movie, or song), the less likely it qualifies for fair use. Amount and substantiality of the portion used in relation to the copyrighted work as a whole. Effect of the use upon the potential market for or value of the copyrighted work. -United States Copyright Office
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Defining Intellectual Property: Patents
A patent for an invention is the grant of a property right to the inventor, issued by the United States Patent and Trademark Office. Generally, the term of a new patent is 20 years from the date on which the application for the patent was filed in the United States or, in special cases, from the date an earlier related application was filed, subject to the payment of maintenance fees. -United States Patent and Trademark Office
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Defining Intellectual Property: Patents
Per the United States Patent and Trademark Office, there are three types of patents: 1) Utility patents may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof; 2) Design patents may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture; and 3) Plant patents may be granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plant.
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Defining Intellectual Property: Trademarks
A trademark is a word, name, symbol, or device that is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others. A servicemark is the same as a trademark except that it identifies and distinguishes the source of a service rather than a product. The terms “trademark” and “mark” are commonly used to refer to both trademarks and servicemarks. -United States Patent and Trademark Office
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Defining Intellectual Property: Trademarks
Figure 1. Example trademarks. Source: TutorialsPoint.com/brand_management
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Plagiarism: Unethical Participation in the Conversation
In order to ensure the integrity of the conversation, all participants must be honest about the authorship of their contributions and provide attribution to others whose ideas they use or discuss. Plagiarism - Quoting, paraphrasing, or otherwise using the words or ideas of another as your own without acknowledging or properly citing the other. (Wright State University: Code of Student Conduct)
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Plagiarism: Unethical Participation in the Conversation
Resources for Maintaining Academic Integrity in Communication of Ideas: Wright State University Writing Center Purdue Online Writing Lab: Professional Societies’ Publication Guidelines
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Plagiarism: Consequences
What happens when you plagiarize the words and ideas of other? Wright State University/academia Professional practice: Industry/business/government
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Ethics Ethics: “The discipline dealing with what is good and bad and with moral duty and obligation.” -Engineering Design: A Project-Based Introduction (4th ed.)
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Ethics Honesty Transparency Integrity Respect Meritorious
Incorruptible Stewardship Impartiality
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Ethics: Role in Engineering
In the Conversation? In Practice?
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References Dym, C. L., Little, P., & Orwin, E. J. (2014). Engineering design: A project-based introduction (4th ed.). Hoboken, NJ: John Wiley and Sons. United States Copyright Office. (2016). Copyright law of the United States. Retrieved from United States Patent and Trademark Office. (2016). General information concerning patents. Retrieved from Wright State University. (2016). Code of student conduct. Retrieved from
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Thank You! For more information, please reach out: Ms. Brandy Foster
Director of Technical Communication Lecturer, Department of Computer Science & Engineering Office: 414 Russ Engineering Center Phone: (937)
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