What is intellectual property?
How do you define intellectual property? Why do we have intellectual property? Can you think of examples of I.P.?
Patents
Patents protect inventions to advance research, inventors gain protection
What can be patented? Inventions Design Formulas Business Models
Trademarks
Word, Symbol or device that differentiates your company, good or service.
Can be renewed indefinitely Gordon’s Gin 1769
Use it or lose it – 2 years Zipper, yo-yo, raisin bran
Jet-Ski – patent and trademark
Copyright
Technology driven question Pre printing press it was too expensive
Technology keeps pushing Photocopying - Xerox Audio Tapes VCR Digital Duplication & Distribution
Her-story
Statute of (Eight) Anne – 1710 Gave legal ownership to the writer of literature Allowed for the legal transfer of ownership
Designed to encourage literature Encourage authors, poets, etc. by assuring
compensation Modernist: Progress society through art &
science
Our-Story
Article I, Section 8, US Constitution: The Congress shall have power …to promote the
progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries…
Advancement of knowledge vs. private property
Copyright Timeline
1790 – books, maps, & charts for 28 years 1802 – include prints 1831 – 42 years 1865 – Photography 1870 – Fine Art & Translation Rights 1976 – Current Law (federal) 1988 – Berne Convention (international)
Copyright Infringement
No copyright cops Three point test, usually followed
In the copyright valid, is it original work? Did the defendant have access? Are the two works the same or substantially
similar?a) Is the general idea or theme the same or b) is the
expression similar?
What can be copyrighted
Partial List: literary works; musical works, including any accompanying words dramatic works, including any accompanying
music pantomimes and choreographic works pictorial, graphic, and sculptural works motion pictures and other audiovisual works sound recordings architectural works
What are the rights?
The owner of the copyright is entitled to: Reproduction Preparation of derivative works Public distribution Public performance Public display Public digital performance of a sound recording
What can’t be copyrighted
Works that have not been fixed in a tangible form of expression
Titles, names, short phrases, and slogans; familiar symbols or designs; mere variations of typographic ornamentation, lettering, or coloring; mere listings of ingredients or contents
Ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or devices, as distinguished from a description, explanation, or illustration
Facts and Works consisting entirely of information that is common property and containing no original authorship
Obtaining Copyright
Created upon creation “original work fixed in a tangible medium” Proof? Registration?
Length Life of the author plus 70 years Work for hire: 95 years after the publication
News Events
Nobody owns the events or facts The expression of the event can be
copyrighted The recording of the event can be
copyrighted Exception being public interest – ie JFK
assassination
Internet and the DMCA
DMCA Ease of copying Traditional Laws Applied, but fail
Not broadcasting, exists on hard drive Not local, not regional
Software, unlike other media, has an extremely short shelf life
