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Copyright & Trademark
Transcript of Copyright & Trademark
What makes a work copyrightable?
No, you don't have to register your work with the U.S. Copyright office to receive protection. Works need only meet three standards in order to be copyrightable. The work must
What is copyright?
Copyright stems from the Constitution. It grants exclusive rights to authors and artists to copy, distribute, and publicly perform their creative works but for a limited time.
Copyright law was intended to fuel creativity and invention by offering incentive for creative works, while still working to benefit the public by limiting monopolies on those works.
The framers considered two parties, however, when drafting copyright law: creators and the public.
be fixed in a tangible medium of expression
meet a minimum standard of creativity
Right of Owners
Copyright law grants owners exclusive rights to their works. These include the right to
reproduce the work
distribute the work
prepare derivative works
publicly display the work
publicly perform the work
What copyright protects...
Copyright protects expression. It does not protect
Public domain works
Federal govt. works
Currently, copyright lasts for the life of the author plus 70 years.
Hear that J.D. Salinger? Looks like Catcher in the Rye will finally hit theaters in 2080!
If there are multiple authors, the copyright lasts for the life of the last living author plus 70 years.
For companies and works made for hire, the copyright lasts for the shorter of either 120 years from creation of the work or 95 years from its publication.
A trademark is a design or expression, such as a symbol, word, phrase, color, or shape.
Trademarks allow companies to identify their products or services, helping to distinguish their goods from others.
Fair Use: Navigating Copyright & Trademark
Fair use is an exemption to copyright and trademark, allowing for the free use of protected materials without seeking permission of paying licensing fees.
Special protection is provided under fair use for "criticism, comment, news reporting, teaching, scholarship, or research," -Copyright Act of 1976
Fair Use Standards
The Copyright Act of 1976 established four standards to determine whether a use is fair:
1) The purpose and character of the use
2) The nature of the copyrighted work
3) The amount used
4) The effect of the use on the potential market value
profits gained from use of the copyrighted work
statutory damages up to $30,000 per work infringed
reimbursement for attorney fees and litigation costs
Consequences of Infringement
Infringing on someone's copyright can be costly. If fair use doesn't apply, you could face serious legal and compenstion fees. You could owe--
Trademark infringement has equally as serious penalties:
Reimbursement to plaintiff for lost profits
Confiscation of goods using infringed mark
Injuction halting the production/distribution/use of the infringed mark.