Intellectual Property
Things that can be Copyrighted
-"Original works of authorship"; need the element of creativity, even if slight -Only the expression is protected
Requirements for Trademark
-Distinctive -Used in commerce -Used in interstate commerce, for federal law protection
Trade secret
-Information not generally known or readily ascertainable; -Developed through some investment by the owner/plaintiff; -That provides a firm with competitive advantage; -Owner/plaintiff takes reasonable steps to keep it secret; and -Defendant discovers the secret through improper means.
what trademark is protected by
-State common law -State statutes -Federal statute (Lanham Act)
what trade secret is protected by
-State statutes (46 states) -State common law -Economic Espionage Act of 1996 (criminal penalties)
copyright rights
-Use -Copy -Distribute -Display and perform the work publicly -Transmit digitally -Create derivative works -Prohibit above actions
fair use
-affirmative defense against copyright infringement -A portion of a copyrighted work may be used without permission "for purposes such as criticism, comment, news reporting, teaching , scholarship or research."
trademark
A name, word, phrase, logo, symbol, design, image, and maybe color, smell and sound that identifies a particular business as the source of the goods or services and distinguishes them from the products of another.
Fair Use Doctrine
Allows uses of copyrighted material that contribute to the creation of new work (I.e. a quote from copyrighted material), Fair uses do not require the permission of the copyright holder.
Copyright
An automatic guarantee to the owner that their work is protected.
Intellectual Property
Copyrighted Material
An invention, a story, a computer program/game.
Examples of Intellectual Property
T/F You should register your trade secret
False
You must pay for a copyright.
False
what copyright is protected by
Federal copyright statutory law Federal courts have exclusive jurisdiction - states can't make copyright laws, and you can't bring a copyright (or patent) case in state court
Plagiarism
Taking someone else's work or ideas and passing it off as your own.
Just Do It is an example of what?
Trademark
T/F 6. Anything you create is copyrighted the moment it is written, recorded, or copied.
True
Piracy
When music, movies, and software is copied and burned illegally.
unfair competition
a collection of common law precedents and statutes that protect against unfair business practices.
Copyright
a songs' lyrics are an example of what type of intellectual proprety?
copyright infringement
an infringement that occurs when a party copies a substantial and material part of a plaintiff's copyrighted work without permission, a copyright holder may recover damages and other remedies against the infringer
trade secret
any formula, device, or compilation of information that is used in one's business and is of such a nature that it provides an advantage over competitors who do not have the information.
distinctive
being unique and fabricated
copyright
exclusive right given by federal statute to the creator of a literary or an artistic work to use, reproduce, and display the work.
intellectual property
intangible property that is the result of creativity (such as patents or trademarks or copyrights)
nondisclosure agreement
is a legal contract between at least two parties that outlines confidential material, knowledge, or information that the parties wish to share with one another for certain purposes, but wish to restrict access to or by third parties.
secondary meaning
is a legal term signifying the words in question have taken on a new meaning with the public, capable of serving a source-identifying function of a mark
Coke formula
is an example of a trade secret.
Patent
lasts 20 years from the date of filing of the application
Copyright
lasts 70 years after death.
copyright law
laws designed to protect intellectual property rights and to provide monetary rewards for inventiveness and hard work
design patent
legal protection granted for a new, original and ornamental design.
utility patent
legal protection granted for inventions
patent patent
legal protection granted to the first person who creates a new variety of plant.
patent
legal right for a limited term to exclude others from using something you invented.
paraphrasing
legitimate way to borrow from a copyrighted document.
service mark
mark that identifies a service.
types of intellectual property
patents, trade secrets, copyrights, trademarks
reverse engineering
taking apart and examining a rival's product or re-creating a secret recipe
cybersquatters
term for those who register and set up domain names on the Internet for resale to the famous users of the names in question.
author
the person that creates a copyrightable work.
right to publicity
the right to control the use name, likeness or persona of an individual.
patent infringement
unauthorized use of another's patent, a patent holder may recover damages and other remedies against a patent infringer
USPTO
where would you file your patent application?