What is intellectual property? How do you define intellectual property? Why do we have intellectual property? Can you think of examples of I.P.?
Post on 16-Jan-2016
What is intellectual property?How do you define intellectual property?Why do we have intellectual property?Can you think of examples of I.P.?
PatentsPatents protect inventions to advance research, inventors gain protectionWhat can be patented?InventionsDesignFormulasBusiness Models
TrademarksWord, Symbol or device that differentiates your company, good or service.Can be renewed indefinitelyGordons Gin 1769Use it or lose it 2 yearsZipper, yo-yo, raisin branJet-Ski patent and trademark
CopyrightTechnology driven questionPre printing press it was too expensiveTechnology keeps pushingPhotocopying - XeroxAudio TapesVCR Digital Duplication & Distribution
Her-storyStatute of (Eight) Anne 1710Gave legal ownership to the writer of literatureAllowed for the legal transfer of ownershipDesigned to encourage literatureEncourage authors, poets, etc. by assuring compensationModernist: Progress society through art & science
Our-StoryArticle 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 Timeline1790 books, maps, & charts for 28 years1802 include prints1831 42 years1865 Photography1870 Fine Art & Translation Rights1976 Current Law (federal)1988 Berne Convention (international)
Copyright InfringementNo copyright copsThree point test, usually followedIn 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 copyrightedPartial 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:ReproductionPreparation of derivative worksPublic distributionPublic performancePublic displayPublic digital performance of a sound recording
What cant be copyrightedWorks 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 contentsIdeas, procedures, methods, systems, processes, concepts, principles, discoveries, or devices, as distinguished from a description, explanation, or illustrationFacts and Works consisting entirely of information that is common property and containing no original authorship
Obtaining CopyrightCreated upon creation original work fixed in a tangible mediumProof?Registration?LengthLife of the author plus 70 yearsWork for hire: 95 years after the publication
News EventsNobody owns the events or factsThe expression of the event can be copyrightedThe recording of the event can be copyrightedException being public interest ie JFK assassination
Internet and the DMCADMCA Ease of copyingTraditional Laws Applied, but failNot broadcasting, exists on hard driveNot local, not regionalSoftware, unlike other media, has an extremely short shelf life
First copyrights granted to master printers in 16th century EnglandDesigned to stop anti-government speech
Passed in the eight year of Queen Annes reign Read alongGo into philiosophy distinguish betweenAdvancement of knowledge vs Private Property
Federal law supercedes state lawsSometime prong 3 is easy, if its a duplicate or contains the some clipsKrofft test HR pufnstuff and the living island and McDonald land - originally in negotiations, employees and voice actorTalk about song lisencing 90 cents for 80s song, $4000 to play the rocky theme song, used fght on instead Rocky-esqueStir up questions and problemsCongress defines fixed in a tangible medium as sufficiently permanent or stable enough to be percieved, reporduced, communicated more than transitory