Intellectual Property Presentation Web Professionals ICC Jonathan LA Phillips Shay Kepple Phillips, Ltd. 456 Fulton St., Ste. 255 Peoria, Illinois Tuesday November 12, 2013 creativecommons|attribution-noncommercial-sharealike 3.0

Introduction I am a shareholder at Shay Kepple Phillips, Ltd. We are a law firm dedicated to helping start up businesses with the entirety of their legal issues. All of the members of the firm are Peoria natives. My portion of the practice concentrates in intellectual property and internet law, as well as commercial litigation. I regularly advise my many web developer clients on contract formation, protecting of intellectual property, and assigning intellectual property. tl;dr, I’m a lawyer that knows about IP & web development

What We Will Cover  Copyrights  You v. Client  You v. Outsourcing  Client v. World, and how you need to be careful  Securing assignments  DMCA Issues  UDRP  Not covering Patents, Trademarks, or Trade Secrets.  Not as useful for the web professional

Copyright  Article I, § 8 of Constitution  Protects the expression of an idea, not the idea  The idea is the visualization in your head. The expression is wire framing it, coding it, the finished product.  Original and creative  Once fixed – automatic protection  Many rights, including, duplicate, display publicly, and develop derivative works.  Only the creative portions are copyrightable, not the functional aspects. i.e. your code is creative in getting a task done. The actual function (the drop down) is not able to be copyrighted  May be patentable, but that is outside the scope of this presentation.

© | You v. Client  If you are employed, odds are your company owns your works.  If you are an independent contractor, you own it.  Client paid you for it? Doesn’t matter.  Implied right to display publicly  Community for Non-Violence v. Reid.  What does this mean?  Monetize.  They leave you, you own code, you can charge to move it.  Business decision.

© | You v. Outsourcing Work  Reverse concerns  They own it unless you get it assigned  Get it assigned.  GET IT ASSIGNED.

© | Your Client v. World  Your client may be supplying you images, copy, etc…  Do they own rights? Are the rights licensed for limited amount of time?  Trolls & Non-trolls alike are suing  Righthaven, Getty Images  You may be contributory infringing  Indemnification language & guaranties in contracts  Same goes w/ code from outsourcers.

Digital Millennium Copyright Act  User content generated sites may have infringing material posted on them.  By running the site, now the owner is infringing.  But if this were true, how the heck can YouTube stay online?  Safe Harbor  Notice  Investigate  Takedown

Uniform Dispute Resolution Process  ICANN forced UDRP upon all domain sellers  Process for resolving registration of domain names (not social media accounts)  Kick a “squatter” off of domain  Identical or confusingly similar to the mark  Other side has no interest or legitimate interest  Registered in bad faith

Issues Not Covered  Important contractual provisions;  Getting paid;  SLAPP matters;  Patentability and other methods of protecting code;  Trolls as a whole; and  Many, many others.

Questions?  me at 