1. Intellectual property
What’s IP got to do with me?

2. Intellectual property
DISCLAIMER: We are not attorneys so it’s always best to seek professional counsel.

3. IP Laws in the United states
Copyright Act of 1976
Digital Millennium Copyright Act (DMCA) of 1998
Technology, Education, and Copyright Harmonization Act (TEACH Act) of 2002

4. Intellectual property
Intellectual property (IP) is an inclusive term for “creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.” Traditionally comprised of four categories, IP is any product of the human mind that is protected by law from unauthorized use by others.
Copyright
Patents
Trademarks and Service marks
Trade Secrets
1. World Intellectual Property Organization. (2004). What is intellectual property? (WIPO Publication No. 450E). Geneva, Switzerland: WIPO. Retrieved from

5. Workshop breakdown Copyright Author Rights Fair Use TEACH Act / DMCA
Patents and Trademarks

6. Copyright act of 1976
Protects “original works of authorship fixed in any tangible medium of expression.”1
Does NOT require registration or notice: ©
Generally, 70 years plus life of the creator.
1. U.S. Copyright Office. (2017, September). Copyright basics (Circular 1). Retrieved from

7. Author rights To reproduce the work
To prepare derivative works based upon the work
To distribute copies of the work
To publicly perform the work
To publicly display the work
To publicly perform sound recordings via a digital audio transmission Source: 17 U.S.C. §106.

8. Fair use What is fair use?
Why is important to you in your personal/professional lives?
What to do?

9. Fair use
Fair use is a legal doctrine that “promotes freedom of expression by permitting the unlicensed use of copyright-protected works in certain circumstances.”1
What are we talking about here? - “creative or imaginative works”1
Protection against claims of copyright infringement.
1. U.S. Copyright Office. (n. d.). More information about fair use. Retrieved from

10. Fair Use: Four pillars
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;
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.1
1. U.S. Copyright Office. (n. d.). More information about fair use. Retrieved from

11. Fair Use: Why is it important to you?
Consider the complexity and reach of intellectual property in your personal and professional life.
Play nicely in the sandbox of life.
“follow ethical and legal guidelines in gathering and using information.”1
CYA! So you or your organization isn’t sued and / or fired from your job.
Know that your own “creative or imaginative works” are protected.
1. Association of College and Research Libraries. (2015). Framework for information literacy for higher education. Retrieved from

12. Fair Use: What to do?
Get permission from the owner. This may be the individual or the publisher.
Find materials in the public domain.
Find materials with Creative Commons licensing.
Take your own photograph or create your own image (e.g. figure).

13. Public domain Some works are in the public domain:
the copyright on the work expired;
the copyright owner did not renew the copyright;
the copyright owner deliberately placed it in the public domain; or
copyright law does not protect this type of work.1
1. Stim, R. (2017, April 11). Welcome to the public domain. Retrieved from

14. creative commons
Founded in 2001 and inspired by the free culture movement.
“Some rights reserved.” Not an alternative or replacement to copyright.
Allows copyright holders to permit or specify use of their works under certain conditions.1
1. Creative Commons. (n. d.). Licenses and examples. Retrieved from

15. DMCA (1998) and TEACH act (2002)
Provide protections for materials distributed over the Internet.
DMCA: makes criminal the act of using software to distribute copyrighted materials.
Technology, Education, and Copyright Harmonization Act (TEACH Act):
Provide non-profit educational institutions the ability to use copyrighted works for some specific purposes (e.g. present a video in a class).
Applies ONLY for online classes. Otherwise, it is much like fair use.

16. Patents What is a patent? Three types of patents:
Grant of a property right to the creator.
Term is for 20 years from the date the patent was filed in the U.S.
Grants “the right to exclude others from making, using, offering for sale, or selling or importing (into the US).”
Three types of patents:
Design patents
Plant patents
Utility patents

17. patents
Who can get a patent? Any person who “invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent.” Obtaining a patent is a complex process. Always consult with an expert in patent law. See: How to Find a Patent Attorney?
1. U.S. Patent and Trademark Office. (2015, October). General information concerning patents. Retrieved from

18. Searching for patents
There are two patent libraries in North Carolina.
D. H. Hill Library, North Carolina State University
Phone:
Web site: Patent and Trademark Depository Library
J. Murrey Atkins Library, UNC Charlotte
Phone:
Web site: Patents and Trademarks
Both libraries are open to the public and provide services and resources to patent searchers. They can provide access to specialized databases for searching.

19. Searching for patents
The USPTO provides a tutorial for searching patents.
How to Conduct a Preliminary U.S. Patent Search: A Step-by-Step Strategy
Google has a patent search feature.

20. Trademarks/Service marks
According to the USPTO, a “trademark is a brand name. A trademark or service mark includes any word, name, symbol, device, or any combination, used or intended to be used to identify and distinguish the goods/services of one seller or provider from those of others, and to indicate the source of the goods/services.”1
You can file a trademark on your own but it is recommended that you speak to an experienced trademark attorney to guide you.
Always search the USPTO database first to determine whether anyone has claimed that trademark.
1. U.S. Patent and Trademark Office. (2018, September 13). Trademark basics. Retrieved from

21. Selected resources
Copyright Crash Course:
Copyright on Campus:
Author Rights:
Fair Use Worksheet:
TEACH Act Worksheet:

22. Contacts Peter Fritzler, fritzlerp@uncw.edu Sciences Librarian
Tammy Ivins, Online & Distance Education Librarian
Beth Kaylor, Coordinator of Business, Entrepreneurship & Government Information Research
Melissa Raymer, Education and Art Librarian