Chapter Eight: Intellectual Propterty

What is Protected by a Copyright?

- Only the expression of an idea, not the idea itself EX: Lady Chatterley's Lover by D. H. Lawrence is largely about sexual issues. The book can be protected by copyright, but the idea of sex is not protected - anyone can write an original work about sex. - To be protected, an idea must be "fixed in a durable medium"

Types of Intellectual Property

1. Trademarks 2. Trade Dress 3. Trade Secrets 4. Patents 5. Copyrights 6. Digital Copyrights

O-Ring Corporation allows Piston Company to incorporate O-Ring's patented fuel-injection system into Piston's product. This is

A license.

Paving Corporation taps into the computer network of Roadwork Inc., a competitor, and downloads confidential business data without Roadwork's knowledge or authorization. This is most likely

A theft of trade secrets.

Serena invents a new, unique, long-life battery. A grant from the government that gives Serena the exclusive right to make and sell the battery for a certain period of time is

A patent.

Information that may be protected as trade secrets includes

All of the choices.

Works that are copyrightable include

All of the choices.

Stig creates unique graphic works that feature characters of his own imagination. Copyright protection for Stig's work is

Automatic.

3. Trade Secrets

Business Processes or Information that cannot or should not be patented, copyrighted, or trademarked - Can Include: customers list, plans, research, formulas, pricing information, marketing techniques (basically anything that pertains to how you conduct your business) - No time limits on protections (no registration) EX: Insurance Salesmen EX: How you develop clients *Bubba has a filing system that is making him extremely successful; he does not have any obligation to share his secrets with any other Lawyers* *Coke employees gave a confidential CD to Pepsi; Pepsi did not take it and called Coke to let them know; the employees went to Jail for Theft of Intellectual Property*

Intellectual Property Infringement

Damages: (compensatory, consequential, profits) - Seizure/Destruction of offending goods - Injunctions - Criminal Liability

T/F: The registration of a copyright is not evidence that the copyright is valid.

False

Without the permission of the copyright owner, Faye copies the literary expression of Game of Thrones, changes the names of the main characters, and publishes the result as her own work. This is

Copyright infringement.

1. Trademarks

Distinctive symbol which signifies a business or organization EX: McDonald's (economically significant trademark) & Delta - Trademarks are good for 10 years initially, and renewable every 10 years - A strong trademark can have exceptional value to a business, like Coca-Cola or Budweiser USPTO: Patent and Trademark Office *Name, Title, Logo*

T/F: A copyright is not created by the process of registration

FALSE

T/F: Information that cannot be patented, copyrighted, or trademarked cannot be protected as a trade secret.

False

T/F: Pricing information is not a trade secret.

False

T/F: Tapping into a competitor's computer to obtain confidential business data is not a theft of trade secrets.

False

The idea for "Price & Profit," an app that businesses can use to track their revenue, profit, and payroll, is protected by

None of the choices.

To be protected under the Copyright Act, a work must be

Original and fixed in a durable medium.

GoodGro Inc. makes genetically modified seeds that are identical to Harvest Corporation's patented seeds, without Harvest's permission. This is most likely

Patent infringement.

4. Patents

Patents protect tangible things or processes EX: Pens, pins, watches, how to make various types of gas Non-Patentable: 1. Abstract Ideas: (the idea you have) 2. Things that are obvious, not new, not novel (wheels, water) Protection = 14 years for Design of Products 20 years for Products PTO: Patent Trademark Office (how to file and receive your patent)

Intellectual Property Law gives

Protections (or "rights") to those who create writings and things

2. Trade Dress

Refers to the overall appearance of a business, its employees, and/or its products EX: Subway: a man who managed a few Subway shops notified Subway that he was dropping their Subway shops, so they told him he had to remove anything Subway (he did not change anything in the shop except the logo "Subway") - Same protection as Trademarks from copying, confusion, and dilution, except there is no time limit, nor is there any registration required

T/F: Patent protection for the design for na item is 14 years

TRUE

T/F: The triangle symbol is an example of a service mark for delta airlines

TRUE

T/F: Trade dress refers to the overall aesthetics of a business

TRUE

6. Digital Copyright

Software may be copyrighted. - While under copyright music can't be legally downloaded without permission (or purchase). There are severe penalties for illegally downloading music. - File sharing is illegal if the files are copyrighted. Just because something is easy to copy doesn't mean it is legal to do so.

T/F: Client lists are considered to be trade secrets

TRUE

T/F: A patent applicant must demonstrate that an invention is useful to receive a patent.

True

T/F: Certain business processes are patentable.

True

T/F: Intellectual property is property resulting from intellectual, creative processes.

True

T/F: Some business processes can be protected as trade secrets.

True

T/F: The need to protect intellectual property is recognized in the U.S. Constitution.

True

T/F: To obtain copyright protection under federal law, a work must be original.

True

Copyright Infringement?

Unauthorized Copying Occurs EX: if you copy one of Jimmy Buffet's songs, you have to pay for it

Fair Use Expectation?

You may briefly copy from any copyrighted work for the purposes of criticism, comment, news, teaching, research.

From the English Common Law and our Constitution comes the area of law we know today as

"Intellectual Property"

5. Copyright

Intangible property right granted by the Federal Government to the creator of a literary, artistic, newsworthy, or academic work - Works created have automatic protection for the life of the creator plus 70 years - Publishing House: 95 years from publication or 120 years from creation (whichever is first) - Registration of Copyrights: (Copyright Office): registration does not give you the copyright; it just allows you to protect your copyright easily