What is intellectual property? How do you define intellectual property? Why do we have intellectual property? Can you think of examples of I.P.?

Patents Patents protect inventions to advance research, inventors gain protection What can be patented? Inventions Design Formulas Business Models

Trademarks Word, Symbol or device that differentiates your company, good or service. Can be renewed indefinitely Gordon’s Gin 1769 Use it or lose it – 2 years Zipper, yo-yo, raisin bran Jet-Ski – patent and trademark

Copyright Technology driven question Technology keeps pushing Pre printing press it was too expensive Technology keeps pushing Photocopying - Xerox Audio Tapes VCR Digital Duplication & Distribution

Her-story Statute of (Eight) Anne – 1710 Gave legal ownership to the writer of literature Allowed for the legal transfer of ownership Designed to encourage literature Encourage authors, poets, etc. by assuring compensation Modernist: Progress society through art & science First copyrights granted to master printers in 16th century England Designed to stop anti-government speech Passed in the eight year of Queen Anne’s reign

Our-Story Article I, Section 8, US Constitution: The Congress shall have 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… Advancement of knowledge vs. private property Read along… Go into philiosophy – distinguish between Advancement of knowledge vs Private Property

Copyright Timeline 1790 – books, maps, & charts for 28 years 1802 – include prints 1831 – 42 years 1865 – Photography 1870 – Fine Art & Translation Rights 1976 – Current Law (federal) 1988 – Berne Convention (international) Federal law supercedes state laws

Copyright Infringement No copyright cops Three point test, usually followed In the copyright valid, is it original work? Did the defendant have access? Are the two works the same or substantially similar? a) Is the general idea or theme the same or b) is the expression similar? Sometime prong 3 is easy, if it’s a duplicate or contains the some clips Krofft test – HR pufnstuff and the living island and McDonald land - originally in negotiations, employees and voice actor Talk about song lisencing – 90 cents for 80’s song, $4000 to play the rocky theme song, used fght on instead – Rocky-esque

What can be copyrighted Partial List: literary works; musical works, including any accompanying words dramatic works, including any accompanying music pantomimes and choreographic works pictorial, graphic, and sculptural works motion pictures and other audiovisual works sound recordings architectural works

What are the rights? The owner of the copyright is entitled to: Reproduction Preparation of derivative works Public distribution Public performance Public display Public digital performance of a sound recording Stir up questions and problems

What can’t be copyrighted Works that have not been fixed in a tangible form of expression 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 Facts and Works consisting entirely of information that is common property and containing no original authorship

Obtaining Copyright Created upon creation Length “original work fixed in a tangible medium” Proof? Registration? Length Life of the author plus 70 years Work for hire: 95 years after the publication Congress defines fixed in a tangible medium as sufficiently permanent or stable enough to be percieved, reporduced, communicated more than transitory

News Events Nobody owns the events or facts The expression of the event can be copyrighted The recording of the event can be copyrighted Exception being public interest – ie JFK assassination

Internet and the DMCA DMCA Ease of copying Traditional Laws Applied, but fail Not broadcasting, exists on hard drive Not local, not regional Software, unlike other media, has an extremely short shelf life