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Intellectual Property

Copyright, Fair Use, Public Domain and Trademark
by

Tessa Burch

on 3 May 2013

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Transcript of Intellectual Property

Copyright Intellectual Property Fair Use Public Domain Trademark Copyright Definition
Years
What can be copyrighted? (what cannot be) Consequences for infringing How to? Process Fair use Definition Purpose When is fair use acceptable Public Domain Purpose Criteria for being public domain Trademark Definition Purpose - property (as an idea, invention, or process) that derives from the work of the mind or intellect According to Webster Dictionary Intellectual Property is defined as: - the exclusive right to make copies, license, and otherwise exploit a literary, musical, or artistic work, whether printed, audio, video, etc... Definition: How long does a copyright last? - For pre-1978 works still in their original or renewal term of copyright, copyright is extended to 95 years from the date that copyright was originally secured. - For works created after January 1, 1978, copyright lasts for the life of the author plus 70 years. - In the case of a joint work, copyright lasts for 70 years after the last surviving author's death. - For anonymous and pseudonymous works and works made for hire, copyright lasts 95 years from the year of first publication or 120 years from the year of creation, whichever ends first. - For works created but not published or registered before January 1, 1978, copyright lasts for the life of the author plus 70 years, but it will not expire earlier than December 31, 2002. If the work is published before December 31, 2002, copyright will not expire before December 31, 2047. What can be.... Copyrighted (protection of expression) Copyright Act of 1976 states that the items of expression can include: - literary
-dramatic
-musical works
-choreography -pictorial
-graphical
-audio/visual works
-sound recordings Almost any original expression that is fixed in a tangible form is protected as soon as it is expressed Painting Literature Movie What cannot be... Works consisting entirely of information that is common property and containing no original authorship (for example: standard calendars, height and weight charts, tape measures and rulers, and lists or tables. Works that have not been fixed in a tangible form of expression. For example, you can not copyright choreographic works that have not been notated or recorded, or improvisational speeches or performances that have not been written or recorded. 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. Infringement Using copyrighted work without permission and your usage is not exempt under copyright law, you are infringing upon the copyright holder's rights. The copyright holder can sue for actual damages or loss of profits The copyright holder can also seek statutory damages up to $150,000 per infringement. Legal penalties: 1. Infringer pays actual dollar amount lost
2. Range form $200-$150,000 for each work infringed
3. Infringer pays for all court fees
4. The Court can issue an injunction to stop the infringing act 5. The Court can impound the illegal works
6. The infringer can go to jail DON'T INFRINGE UPON COPYRIGHT, IT IS ILLEGAL HOW TO....COPYRIGHT! FIGURE OUT WHAT FORM TO USE
CHOOSE A TITLE FOR YOUR WORK
YEAR OF COMPLETION
PUBLICATION DATE
THE PEOPLE -EVERY REGISTRATION, THERE ARE 3 SETS OF PEOPLE THAT NEED TO BE ACCOUNTED FOR AND RECONCILED:
APPLICANT
AUTHOR
CLAIMANT PROCESS..... To register a work, submit a completed application form, a nonrefundable filing fee, which is $35 if you register online; and a nonreturnable copy or copies of the work to be registered. Form types: TX, PA,VA, AND SR TX- covers literary works PA- covers musical and dramatic works
VA- covers pictorial, graphic, and sculptural works
SR- Music spoken work and sound effects DEFINED- *FAIRS USE IS A DOCTRINE THAT PERMITS LIMITED USE OF COPYRIGHTED MATERIAL WITHOUT ACQUIRING PERMISSION FROM THE HOLDER'S RIGHTS EXAMPLES- COMMENTARY
SEARCH ENGINES
CRITICISM
NEWS REPORTING RESEARCH
TEACHING
LIBRARY ARCHIVING
SCHOLARSHIP *The distinction between what is fair use and what is infringement will not always be clear or easily defined. Various Purposes: teachers to use copyrighted material
criticism
news
comment
research
parody *non-profit educational purposes
is a major reason for having fair
use. Acceptable.... If you are commenting on or critiquing copyrighted work (ex: writing a book review)
Allows you to reproduce some of the work to achieve your purposes -quoting a Bob Dylan song in a music review
-summarizing from a medical article on cancer in a news report
-copying a few paragraphs from a news article for a school lesson If you saw an advertisement like this, you might wonder, “What’s the catch?” When it comes to the public domain, there is no catch.
If a book, song, movie, or artwork is in the public domain, then it is not protected by intellectual property laws (copyright, trademark, or patent laws)—which means it’s free for you to use without permission. ABSOLUTELY FREE! MUSIC, TEXT, AND ART!! COPY ALL YOU WANT!! Criteria: Most works entered the public domain because of old age. -This includes any work published in the U.S. before 1923 or works published before 1964 for which copyrights were not renewed. A smaller group fell into the public domain because they were published without a copyright notice, which was necessary for work published before March 1, 1989. Some works are in the public domain because the owner chose to give it to the public domain. Defined..... A symbol, word, or words legally registered or established by use as representing a company or product. ? The overall purpose of trademark law is to prevent unfair competition by protecting the use of a symbol, word, logo, slogan, design, domain name, etc. that uniquely distinguishes the goods or services of a firm. Millions
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