copyright basics. intellectual property intellectual property is a unique product or idea created by...

CopyrightBasics

Intellectual Property

• Intellectual Property is a unique product or idea created by an individual or organization.

• Common types of protection for Intellectual Property include copyrights, trademarks, patents, and trade secret.

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Copyright

• Copyright is legal protection granted to the creator of an original work for a limited period of time.

• Copyright protection occurs immediately upon the creation of a tangible work.

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Original Work

• An Original Work is a work that was created entirely by a particular person based on an idea.

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Copyrightable Works

• Architectural Works• Artistic Works• Dramatic Works• Literary Works• Musical Works

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Copyright Length

• Copyright provides protection for the copyright holders lifetime plus 70 years.

• If a work has multiple authors it is protected for 70 years after the last surviving author dies.

• If a work was created in a work for hire situation copyright protection lasts for 120 years after the creation of the work or for 95 years after the publication of the work, whichever is shorter.

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Copyright Protection

• A copyrighted work does not have to display a Copyright notice.

• The general public believes that a work without a copyright notice is not copyrighted.

• For visual confirmation of copyright you should include a copyright notice.

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Copyright Protection

• A copyright notice consists of the copyright symbol, ©, the abbreviation "Copr." or the word "Copyright", followed by the year of the first publication of the work and the name of the copyright holder.– © 2013 John Smith– Copr. 2013 John Smith– Copyright 2013 John Smith

• If the work has gone through several revisions over a few years such as a website, copyright may list multiple years. – © 2011-2013 John Smith

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Copyright Protection

• For legal backing without a doubt, you should register your work with the United States Copyright Office.

• To register a work you complete the application, pay the $30 non-refundable filing fee and send in a non-returnable copy of the work.

• If approved, the Copyright Office will issue a certificate of registration for the work.

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Copyright Owner rights

• Produce copies or reproductions of the work• Distribute the work• Publically display or perform the work• Create Derivative Works• Sell or assign these rights to others

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Derivative Work

• A Derivative Work is a work that is the result of a modification of a copyrighted work.

• A Derivative Work is considered Copyright Infringement unless the work is based on a work in the public domain.

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Derivative Work Example

• Original Work • Derived Work

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Licensing

• A Copyright owner can sell or assign the rights of their work to others.

• A License is a legal agreement that dictates the usage rights of a copyrighted work.

• There are numerous different options with regards to licensing.

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Licensing

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Licensing Options

• The Attribution license requires the user to identify the original copyright owner.

• The phrase “All Rights Reserved” refers to a copyright notice that declares that no usage rights exists.

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Licensing Options

• The Share Alike license allows someone the ability to distribute derivative work under the same license.

• The Copy left license indicates that a free work can be distributed or modified as long as it remains free.

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Stock Work

• Stock Work refers to the supply of copyrighted work that is released for use under a license.

• Stock Work is available in numerous different searchable websites such as:

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Patents

• Copyright Law protects the tangible form of an idea not the idea itself.

• Ideas and products are protected by patents.

• A patent is the legal ownership of an idea for a tangible work.

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Patents

• Patents must be filed with the United States Patent and Trademark office to provide protection.

• Patents provide protection for 20 years from the date on the patent application.

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Trade Secret

• Trade Secret refers to intellectual property that must remain private for a company to retain viability.

• Trade Secret can be used to protect a formula, practice, process, design, pattern, code, business plans and even sales contacts.

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Trademarks

• A trademark or service mark is legal protection for a unique name, word, phrase, logo or symbol that is used to identify a company's products or services.

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Trademarks

• A trademark or service mark does not have to be filed with the United States Patent and Trademark office to provide protection.

• It does have to be included when referring to the name, word, phrase, logo or symbol that is used to identify a company's products or services though.

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Trademark Symbols

• An unregistered trademark is designated by the ™ symbol.

• An unregistered service mark is designated by the SM symbol.

• A registered trademark or service mark is designated by the ® symbol.

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Plagiarism

• Plagiarism is the use of someone else's literary work as your own without providing credit to the author.

• Plagiarism is not illegal, it is however unethical.

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Fair Use

• Fair Use refers to the limited use of copyrighted materials without permission of the copyright owner.

• Fair Use is determined by the: – Nature of the new work– Purpose of the new work– Effect of the new work– Amount of the copyrighted work used

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Fair Use

• Fair use allows copyrighted works to be utilized to:

– teach– report as news– make critical commentary– create a parody

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Fair Use

• Reporting refers to the explanation of a work.

• Commentary refers to the expression of opinions about a work.

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Fair Use

• A parody is a work that is created to mock a copyrighted work though humorous imitation.

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Public Domain

• Works that can be used for any purpose without the permission of the Copyright owner are in the Public Domain.

• All copyrightable works published in the United States before 1923 are in the public domain.

• Most works created by the government or government employees are in the public domain.

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Work for Hire is used to describe a copyrightable work that was created by an employee for use by their employer.

Work for Hire

• In this case, the employer, not the employee is the copyright owner.

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Copyright Infringement

• It is important to understand Copyright Law so that you do commit Copyright Infringement when creating a website.

• Copyright Infringement is any violation of copyright, patent or trademark.

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Copyright Infringement

• Copyright Infringement is illegal!

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