Intellectual property What’s IP got to do with me?

Intellectual property DISCLAIMER: We are not attorneys so it’s always best to seek professional counsel.

IP Laws in the United states Copyright Act of 1976 Digital Millennium Copyright Act (DMCA) of 1998 Technology, Education, and Copyright Harmonization Act (TEACH Act) of 2002

Intellectual property Intellectual property (IP) is an inclusive term for “creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.”1 Traditionally comprised of four categories, IP is any product of the human mind that is protected by law from unauthorized use by others. Copyright Patents Trademarks and Service marks Trade Secrets 1. World Intellectual Property Organization. (2004). What is intellectual property? (WIPO Publication No. 450E). Geneva, Switzerland: WIPO. Retrieved from https://www.wipo.int/about-ip/en/

Workshop breakdown Copyright Author Rights Fair Use TEACH Act / DMCA Patents and Trademarks

Copyright act of 1976 Protects “original works of authorship fixed in any tangible medium of expression.”1 Does NOT require registration or notice: © Generally, 70 years plus life of the creator. 1. U.S. Copyright Office. (2017, September). Copyright basics (Circular 1). Retrieved from https://www.copyright.gov/circs/circ01.pdf

Author rights To reproduce the work To prepare derivative works based upon the work To distribute copies of the work To publicly perform the work To publicly display the work To publicly perform sound recordings via a digital audio transmission Source: 17 U.S.C. §106.

Fair use What is fair use? Why is important to you in your personal/professional lives? What to do?

Fair use Fair use is a legal doctrine that “promotes freedom of expression by permitting the unlicensed use of copyright-protected works in certain circumstances.”1 What are we talking about here? - “creative or imaginative works”1 Protection against claims of copyright infringement. 1. U.S. Copyright Office. (n. d.). More information about fair use. Retrieved from https://www.copyright.gov/fair-use/more-info.html

Fair Use: Four pillars Purpose and character of the use, including whether the use is of a commercial nature or is for nonprofit educational purposes; Nature of the copyrighted work; Amount and substantiality of the portion used in relation to the copyrighted work as a whole; Effect of the use upon the potential market for or value of the copyrighted work.1 1. U.S. Copyright Office. (n. d.). More information about fair use. Retrieved from https://www.copyright.gov/fair-use/more-info.html

Fair Use: Why is it important to you? Consider the complexity and reach of intellectual property in your personal and professional life. Play nicely in the sandbox of life. “follow ethical and legal guidelines in gathering and using information.”1 CYA! So you or your organization isn’t sued and / or fired from your job. Know that your own “creative or imaginative works” are protected. 1. Association of College and Research Libraries. (2015). Framework for information literacy for higher education. Retrieved from http://www.ala.org/acrl/standards/ilframework

Fair Use: What to do? Get permission from the owner. This may be the individual or the publisher. Find materials in the public domain. Find materials with Creative Commons licensing. Take your own photograph or create your own image (e.g. figure).

Public domain Some works are in the public domain: the copyright on the work expired; the copyright owner did not renew the copyright; the copyright owner deliberately placed it in the public domain; or copyright law does not protect this type of work.1 1. Stim, R. (2017, April 11). Welcome to the public domain. Retrieved from https://fairuse.stanford.edu/overview/public-domain/welcome/

creative commons Founded in 2001 and inspired by the free culture movement. “Some rights reserved.” Not an alternative or replacement to copyright. Allows copyright holders to permit or specify use of their works under certain conditions.1 1. Creative Commons. (n. d.). Licenses and examples. Retrieved from https://creativecommons.org/share-your-work/licensing-types-examples/licensing-examples/

DMCA (1998) and TEACH act (2002) Provide protections for materials distributed over the Internet. DMCA: makes criminal the act of using software to distribute copyrighted materials. Technology, Education, and Copyright Harmonization Act (TEACH Act): Provide non-profit educational institutions the ability to use copyrighted works for some specific purposes (e.g. present a video in a class). Applies ONLY for online classes. Otherwise, it is much like fair use.

Patents What is a patent? Three types of patents: Grant of a property right to the creator. Term is for 20 years from the date the patent was filed in the U.S. Grants “the right to exclude others from making, using, offering for sale, or selling or importing (into the US).” Three types of patents: Design patents Plant patents Utility patents

patents Who can get a patent? Any person who “invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent.”1 Obtaining a patent is a complex process. Always consult with an expert in patent law. See: How to Find a Patent Attorney? 1. U.S. Patent and Trademark Office. (2015, October). General information concerning patents. Retrieved from https://www.uspto.gov/patents-getting-started/general-information-concerning-patents

Searching for patents There are two patent libraries in North Carolina. D. H. Hill Library, North Carolina State University Phone: 919-515-2935 Web site: Patent and Trademark Depository Library J. Murrey Atkins Library, UNC Charlotte Phone: 704-687-2241 Web site: Patents and Trademarks Both libraries are open to the public and provide services and resources to patent searchers. They can provide access to specialized databases for searching.

Searching for patents The USPTO provides a tutorial for searching patents. How to Conduct a Preliminary U.S. Patent Search: A Step-by-Step Strategy Google has a patent search feature. https://patents.google.com/

Trademarks/Service marks According to the USPTO, a “trademark is a brand name. A trademark or service mark includes any word, name, symbol, device, or any combination, used or intended to be used to identify and distinguish the goods/services of one seller or provider from those of others, and to indicate the source of the goods/services.”1 You can file a trademark on your own but it is recommended that you speak to an experienced trademark attorney to guide you. Always search the USPTO database first to determine whether anyone has claimed that trademark. 1. U.S. Patent and Trademark Office. (2018, September 13). Trademark basics. Retrieved from https://www.uspto.gov/trademarks-getting-started/trademark-basics

Selected resources Copyright Crash Course: http://guides.lib.utexas.edu/copyright Copyright on Campus: http://guides.uflib.ufl.edu/copyright/home Author Rights: https://sparcopen.org/our-work/author-rights/ Fair Use Worksheet: https://lib.uncw.edu/fair-use  TEACH Act Worksheet: https://lib.uncw.edu/teach-act

Contacts Peter Fritzler, fritzlerp@uncw.edu Sciences Librarian Tammy Ivins, ivinst@uncw.edu Online & Distance Education Librarian Beth Kaylor, kaylorj@uncw.edu Coordinator of Business, Entrepreneurship & Government Information Research Melissa Raymer, raymerm@uncw.edu Education and Art Librarian