1. Warm Up
What do you think a patent is?

2. INTELLECTUAL PROPERTY
Objective 05.02
INTELLECTUAL PROPERTY

3. 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

4. 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. 5 Types of Intellectual Property
Copyrights
Patents
Trademarks
Trade secrets
Designs

6. Types of Intellectual Property continued
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Published and unpublished works

7. End of part 1

8. Warm Up
What is intellectual Property?

9. Works That May Be Copyrighted
Under the Copyright Act
Figure 1 Movie Picture Works
Figure 5 Graphic Works
Figure 8 Dramatic works
Figure 6 Sculptured works
Figure 2 Sound Recordings
Figure 4 Literary Works
Figure 7 Pantomimes and choreographic works
Figure 3 Musical Works

10. Types of Intellectual Property
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.

11. Types of Intellectual Property continued
Trade Secret law is protection under state law against unauthorized use.

12. Types of Intellectual Property continued
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)

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

14. Types of Intellectual Property continued
Service Mark is a trademark used to identify a service rather than a product (SM).

15. You are the judge
Julie Whitfield, a renowned musician, copyrighted several productions. Seven years later, after she died, Tammy Barker started selling copies of her music. Can Barker legally sell the music scores? Please justify your answer using legal concepts.

16. Tasks
You are to research and write a 1 – 2 page paper on the following:
Walt Disney vs. Winnie the Pooh
Search internet by typing in
Winnie the Pooh copyright case

17. End of part 2

18. Warm up
What is a trademark?

19. Other Intellectual Property continued
Software Piracy-The unauthorized copying of software
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

20. Other Intellectual Property continued
Clipart-is the use of images either copied or physically cut from pre-existing printed works, either books that have entered the public domain.

21. Other Intellectual Property continued
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.

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

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

24. Other Intellectual Property Terms
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.
Infringement-violation of a law or a right.

25. Trademark and Copyright Symbols
Type
Use 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

26. Tasks Go to mrcain.webs.com Download match logos activity
Complete activity and then back to me at
Download patent PowerPoint assignment information. Complete PowerPoint and to me when done.

27. Websites Used www.webopedia.com www.ask.com