Intellectual Property: Audit, Valuation and Management TORONTO TOWN MEETING NINCH/MCN/CHIN September 7, 2002 by Maria Pallante GUGGENHEIM MUSEUM/FOUNDATION.

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Presentation transcript:

Intellectual Property: Audit, Valuation and Management TORONTO TOWN MEETING NINCH/MCN/CHIN September 7, 2002 by Maria Pallante GUGGENHEIM MUSEUM/FOUNDATION

Copyright Notice © 2002 Maria A. Pallante. All rights reserved. Licensed to NINCH for public display on its website and the noncommercial enjoyment of its members and audience. All requests for reproduction should be sent to the author c/o NINCH.

What is Intellectual Property? Patents Trademarks Copyrights Trade secrets

1) THE IP AUDIT WHY DO IT? Inventory Compliance To Create Accurate Policy To Avoid Infringement

Where is your IP? Registrars’ files Curatorial files Retail Publications Marketing Legal Director’s office Contracts dept. Photography Archives Film/Video Information Technology Exhibition Education

Deciphering Specific IP Assets Trademarks Museum Names Exhibition Names Domain Names Catalog Names Program Names Building Images

Museum Names Guggenheim Museum Guggenheim Solomon R. Guggenheim Foundation Metropolitan Museum of Art MET MoMA

Exhibition and Catalog Names The Art of the Motorcycle Art of this Century

Domain Names guggenheim.org getty.museum artofthemotorcycle.org guggenheimmuseum.com moma.org

Program Names Learning Through Art Works and Process

Building Images Solomon R. Guggenheim Museum Rock and Roll Hall of Fame New York Public Library Lions Guggenheim Museum Bilbao

Copyrights Collection Images of the Collection Images of Exhibition Installations Brochures Posters Checklists Catalogs Promotional Materials Exhibition Design Programs Films Products Website

Deciphering Licenses Assignments Work-for-hire Exclusive licenses Non-exclusives

2 ) VALUATION WHAT ARE YOUR IP ASSETS WORTH? TO WHOM ARE THEY VALUABLE? IS THE VALUE FINANCIAL? ARE THEY MEASURABLE INDEPENDENTLY OR ONLY AS PART OF A COLLECTIVE WORK? (e.g a database)

IRS: Fair Market Value The amount at which the property would change hands between a willing buyer and a willing seller when the former is not under any compulsion to buy and the latter is n ot under any compulsion to sell, both parties having reasonable knowledge of relevant facts.

Managing Your Intellectual Property Assets Analyze legal status of rights (e.g.PD) Register copyrights, trademarks, & domains Track renewal dates Track status and ownership Track license restrictions Ensure proper © and ® Develop technical requirements Invest in software and/or Intranet

Inventory Database

Legal notices Copyright 2000 by ABC Museum. All rights reserved. © 2000, ABC Museum and XYZ Gallery.

Catalog © 2002 by The Solomon R. Guggenheim Foundation, New York. Many of the images reproduced in this catalog are protected by copyright and may not be available for further reproduction without consent of the copyright holder.

Photo © 2000, ABC Museum. All rights reserved. Digital Image © 2000, ABC Museum. Catalog © 2000, ABC Museum.

ABC Museum® The Fanciful Exhibition TM The image of the ABC Museum is a registered trademark of the ABC Foundation.

Copyright registrations

Enforcement Monitor, Monitor, Monitor (everyone) Draft form letters, use resources like ICANN Know when to get legal help

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