Boating is fun… Your Lawyer can show you how! HOW TO STAY OUT OF THE INTELLECTUAL PROPERTY MINEFIELD.

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Presentation transcript:

Boating is fun… Your Lawyer can show you how! HOW TO STAY OUT OF THE INTELLECTUAL PROPERTY MINEFIELD

Boating is fun… Your Lawyer can show you how! What is Copyright? Copyright is a form of intellectual property for a work, such as a book, music or photo.

Boating is fun… Your Lawyer can show you how! Copyright For works of original authorship Default position: Copyright is owned by the CREATOR of the work Copyright exists as soon as the work is fixed in a tangible medium

Boating is fun… Your Lawyer can show you how! Copyright Registration Copyright exists upon creation Registration with the government is not required Notice is not required in U.S.

Boating is fun… Your Lawyer can show you how! Infirngement The unauthorized use of copyrighted material

Boating is fun… Your Lawyer can show you how! Avoiding Infringement Unless absolutely certain otherwise, assume it is protected Determine who owns the work Ask for permission, legally called getting a license Get it in writing

Boating is fun… Your Lawyer can show you how! Fair Use For criticism or comment News reporting Education Scholarship and research

Boating is fun… Your Lawyer can show you how! Fair Use Depends On: Purpose of the use such as commercial vs. nonprofit educational Nature of the work Amount of work used Effect of the use on the value of the property

Boating is fun… Your Lawyer can show you how! Public Domain Works that have no copyright protection – the anti-copyright Don’t meet the requirements or have expired Author never claimed the rights United States documents

Boating is fun… Your Lawyer can show you how! Caution! The Internet is Not the Public Domain!

Boating is fun… Your Lawyer can show you how! But linking to other web sites is generally OK

Boating is fun… Your Lawyer can show you how! Beware! Changing a Part of the Work Does Not Remove the Protection

Boating is fun… Your Lawyer can show you how! Alert! When asking for permission, make sure the other party can legally give it.

Boating is fun… Your Lawyer can show you how! And… Attribution does not equal permission

Boating is fun… Your Lawyer can show you how! Questions ??

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