Intellectual Property Covers: Patents: In the U.S.. Provides a 17 year monopoly granted to inventor for their invention. Essentially a “head start” granted for a limited time in exchange for disclosing useful information to society. Trademarks: Any word, name, symbol, or device, or any combination thereof, used by a business to distinguish its good or services from those offered by others.Trademarks: Any word, name, symbol, or device, or any combination thereof, used by a business to distinguish its good or services from those offered by others. Copyright: At its essence, it is the right to make copies. Copyright is the legal protection provided by statutes of the U.S. Government to authors of “original works or authorship” from the time the work is created in a fixed form.Copyright: At its essence, it is the right to make copies. Copyright is the legal protection provided by statutes of the U.S. Government to authors of “original works or authorship” from the time the work is created in a fixed form.

History History: Most of the American Legal basis for Intellectual Property starts with British Common Law. (1710, Statute of Anne). On Sept 5, 1787 Article I, Section 8 of the U.S. Constitution was drafted. It states that Congress shall have the 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.” It states that Congress shall have the 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.” Initially, copyright only concerned itself with the protection of printing, reprinting, publishing, and vending for a period of 14 years. Initially, copyright only concerned itself with the protection of printing, reprinting, publishing, and vending for a period of 14 years.

Current Copyright Law Title 17 of the U.S. Code Digest: Copyright is the exclusive right of any author, composer, or computer programmer, and is his/her protection against unauthorized reproduction, display, performance, or translation of his/her original works. -Includes revisions of Copyright Law by the 1976 Copyright Act and the Berne Implementation Act of 1988

Categories: A. Literary works B. Musical works, including any accompanying words C. Dramatic Works, including any accompanying music D. Pantomimes and choreographic works E. Pictorial, graphic, and sculptural works F. Motion pictures and other audiovisual works

Categories, con’t. G. Sound recordings H. Architectural Works Copyright IS NOT extended to an idea, procedure, tile, process, system, method of operation, concept, principle, or discovery

Copyright Owners May: A. Reproduce Works B. Prepare derivative works C. Distribute the work D. Perform the work publicly E. Display the work publicly Transfer of Copyright Any or all of a subdivision of copyright ownership may be transferred Any or all of a subdivision of copyright ownership may be transferred

Duration - Copyright STARTS IMMEDIATELY…”from the time the work is created in a fixed form; that is, it is an incident of the process of authorship.” Previously, copyright material had to be registered with the Copyright Office. Works for Hire: -Contracts: Newspapers, exams, faculty, research?

Time/Duration of Ownership Reverts to Public Domain Pre 1978 (Published) The copyright expires 75 years from the date of publication (if the copyright was renewed, 28 years from when copyright was endured)Pre 1978 (Published) The copyright expires 75 years from the date of publication (if the copyright was renewed, 28 years from when copyright was endured) Pre 1978 (Created, but not published) The copyright will expire on Dec 31, 2002Pre 1978 (Created, but not published) The copyright will expire on Dec 31, to present (copyright owned by an individual) The copyright will last for the life of the author, plus an additional 50 years1978 to present (copyright owned by an individual) The copyright will last for the life of the author, plus an additional 50 years 1978 to present (copyright owned by employer of author) The copyright will last 75 years from the date of publication, or 100 years from the date of creation, whichever occurs first.1978 to present (copyright owned by employer of author) The copyright will last 75 years from the date of publication, or 100 years from the date of creation, whichever occurs first.

Rights of the User --- Owner of the “Vessel” ---Including Libraries I. Copyright owners have only first sale rights to their works II. Personal Use III. Fair Use,first U.S. judicial interpretation Folsom v. Marsh (1841) Individuals and Libraries have rights under 17 USC Section 107 to use copyrighted material for fair use purposes. Individuals and Libraries have rights under 17 USC Section 107 to use copyrighted material for fair use purposes. Fair use has come to be widely understood as a balancing point between the rights of authors to exclusive control over their works and rights to have free access to the ideas contained in those works. “Including use by “reproduction in copies…for purposes such as criticism, comment, use in parody, reproduction for use in Judicial or Legistlative activities, news reporting, teaching (including multiple copies for classroom use), scholarship, or research is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use shall include the following guyidelines…”

Fair Use Guidelines under 17 USC Section 107 I.Purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes. II. The nature of the copyrighted work (is it factual or of social value vs. entertainment) Satire, Parody III. The amount and substantiality of the portion used in relation to the copyrighted work as a whole. IV. The effect of the use upon the potential market for or value of the copyrighted work (the use must not damage either the present or future market for the work)

Recent Law Cases of Fair Use ---Judicial Interpretations Pretty Woman (Roy Acuff Music, inc) v 2 Live Crew Universal and Disney v SONY Basic Books v Kinkos American Geophysical Union v Texaco, Inc Playboy

Recent Legislation -Two subcommittee’s of the Information Policy Committee of President Clinton’s Task Force Green Paper: 1st draft Major Point: Fair use is not necessary in the electronic environmentGreen Paper: 1st draft Major Point: Fair use is not necessary in the electronic environment White Paper [Final Report] “Intellectual Property and the National Information Infrastructure - The Report of the Working Group on Intellectual Property Rights” Sept 95White Paper [Final Report] “Intellectual Property and the National Information Infrastructure - The Report of the Working Group on Intellectual Property Rights” Sept 95

Major Points of White Paper 1.Give away users rights to make copies in digital form 2.All digital transmissions considered distribution rights by copyright owners 3. Eliminate fair use: Including partial parts of works. (within licensed agreements) 4. Copyright management of all works electronically:tracing 5.Encrypt every digital copy 6.Online providers become copyright police 7.Education - [Key Component]

Current Legislation: Access VS Control NII Copyright Protection Act of 1995 (H.R. 2441) Access: (OSP) Online Service Providers - AOL, MCI, Regional Bell Control: (Copyright owners--Creative Community): Movie, software,music, and print industries -Initially tried to implement all of the “White Paper” recommendations

Major Points (after a number of hearings) 1.Copyright owners control transmission rights 2.Criminal penalties (Sec 4) for circumventing protection of copyright material: encryption, etc 3.Provides given notice of copyright violations (time to react) 4.Fair use of digital transmissions allowed for libraries, within the confines of contracts 104th Congress adjourned in September without taking action on the NII Bill

New Law H.R No Electronic Theft Act It is now a Felony to willfully infringe a copyright by producing or distributing 10 or more copyrighted works with a value of at least $2,500 within a 180 -day period.

4 Elements -Copyright or c in a circle -Year of copyright -Name of copyright holder -All Rights Reserved Copyright Notice

Clarinet Article: copyright notice example Internet link Clarinet Article: copyright notice example Internet link

Pending Legislation S WASHINGTON, D.C, -- Senator John McCain (R-AZ), Chairman of the Committee on Commerce, Science, and Transportation, and Senator Ernest Hollings (D-SC) Ranking Member of the Committee, today introduced the Internet School Filtering Act of 1998.S WASHINGTON, D.C, -- Senator John McCain (R-AZ), Chairman of the Committee on Commerce, Science, and Transportation, and Senator Ernest Hollings (D-SC) Ranking Member of the Committee, today introduced the Internet School Filtering Act of 1998.