1. Intellectual Property

2. Intellectual Property
An original (creative)
work, invention or information
protected by law through a
• trademark,
• patent,
• copyright or
• trade secret.

3. Trademark A distinctive sign, symbol, or indicator
that uniquely distinguishes*
a product or service from another.
*sets it a part

4. Registered Trademark Rights Trademark Rights
• no registration required
• require continuous use
• limited to geographical area
• registration required
• require continuous use
• nationwide rights
• incontestable after 5 yrs
• allows statutory damages

5. Trademark Infringement
A violation of Trademark rights when there is a likelihood of confusion between marks.

6. Patent The exclusive right for an inventor
to manufacture, use, or sell
a “novel” invention
for a 20 year period.
* This right is granted by the government

7. Patent Application Process
The application is:
1. filed
2. reviewed
3. approved or rejected

8. Design Patent Utility Patent
Protects the way an invention is used and works
Protects ornamental design of a functional item

9. Design Patent: Example 2

10. Patent Infringement
A violation where an invention is used without permission from the patent owner.

11. Patent Troll
A company who buys and enforces patents with no intention to develop, manufacture, or market the invention.
* used to sue “alleged” infringers

12. Copyright The exclusive right for creators of original work to:
• be credited for the work
• determine who can use it
• determine how others use it
• decide who may financially benefit from it

13. Copyrighted Works Literary Musical Dramatic
Pantomimes or Choreographic
Pictures, Graphics, Sculptures
Motion Pictures
Sound Recordings
Architectural

14. Copyright Infringement
A violation where there is unauthorized use of works through:
• reproduction
• performance or
• making a derivative* of the work.
*a copy, imitation, etc.

15. Advantages of Copyright Registration
Provides a public record
Required for infringement suit
Assumption of validity
Sue for severe statutory damages
Recover attorney’s fees

16. Copyright: Work Made for Hire
An exception to the copyright rule where the creator does not own the right, but the company who hired the creator owns the right to the work.
* This could be an employee or independent contractor hired to create the work.

17. Copyright Applies to:
All original work

18. Trade Secret
Information kept out of view and knowledge from the public…
and maintains economic value by keeping it a secret.

19. Types of Trade Secrets Financial Business Scientific Technical
Economic
Engineering

20. Fair Use & other license agreements

21. copyrighted materials
Fair Use
A law that allows
limited portions of
copyrighted materials
to be used for
educational purposes.

22. Fair Use: Allowable Amounts
MEDIA
Allowable Portion under the Fair Use Act
Video, Movie (motion media)
UP TO 10% or 3 minutes, whichever is less
Text
UP TO 10% or 1,000 words, whichever is less
Music, Lyrics, Music Video
UP TO 10%, but no more than 30 seconds
Illustrations, Photographs
No more than 5 images from an artist/photographer, or no more than 10% or 15 works from a published collective work
Numerical Data Sets (databases)
UP TO 10% or 2,500 fields, whichever is less

23. Creative Commons Allows others to use copyrighted work
while still protecting
the creator’s intellectual rights
through one or more key license terms/agreements (rules).

24. Creative Commons Agreement Terms

25. Creative Commons applies to:
Only works that creators have designated as Creative Commons

26. Public Domain
Work that can be used, copied, adapted and published completely without restrictions,
no permission needed.

27. Public Domain applies to:
Work published before 1923
Work created by long-dead creators
Work creators have placed in the Public Domain