Section VIII - Ownership, Creativity & Innovation: Intellectual Property

• Works created after 1/1/78 - copyright protection for life of author + 70 yrs
• Works owned by publishing houses - 95 yrs from publication OR 125 yrs from creation (whichever is first)
• Works by > 1 author - Death of last author + 70 yrs

Can register for $20 at Washington D.C. copyright office

Do NOT have to register it to be protected under copyright law

1. Literary, musical, or dramatic work
2. Pantomime or choreographic work
3. Pictorial, graphic, or sculptural work
4. Film, other audiovisual, or sound recording
5. Architectural work

Using a copyrighted form or expression of an idea even w/ slight variations w/o permission

• Statutory damages <$150,000; OR
• Actual damages (whichever is greater
• Criminal penalties

1. Purpose and character
2. Nature
3. Portion used
4. Effect of use on potential market (P gaining $ or D losing $)

1. Criticism
2. Comentary
3. New Reporting
4. Teaching (most used)
5. Scholarship
6. Research

• Targets people/businesses who pirate & circumvent digital walls
• Has a "fair use" exception
• Use encryption codes, etc. to protect movies

• Inexpensive
• Long lasting
• Doesn't protect ideas
• Still lots of controversy with technology

A distinctive mark, motto, device, or implement that a manufacturer stamps, prints or otherwise affixes to the goods it produces. Source indicator

Example: McDonald's arches, Nike Swoosh

Extension of Lanam Act

Can be infringement even if NOT a competitor, just confusingly similar

1. Currently in commerce; OR
2. Applicant intends to put it into commerce within 6 months

* Registrations are renewable and last for 6 years, can get an extension

• Strong marks - Identify product source and not product itself
• Secondary meaning - descriptive terms, geographic terms, and personal names --> NOT inherently distinctive

Inventive words, have no other meaning

Ex: Xerox, Kodak

Common words in uncommon way that is non-descriptive of product

Ex: Englis Leather

Imply something about product w/o directly describing it

Ex: Dairy Queen

• Inexpensive
• Longest lasting - think McDonald's and Walt Disney

1. Injunctions
2. Damages for royalties and lost profit
3. Attorney's fees
4. Treble (triple) damages

• 20 years to exclude others (relatively short)
• Expensive ($5,000 - millions)

Trick question! BOTH!

Copyrights protect expressions of ideas

Patents protect ideas

Trade Secrets protect ideas AND expressions

1. discovered secret by improper means; OR
2. His disclosure or use is a breach of confidence

1. Trade secrets have economic value
2. Took reasonable steps to keep it a secret

Right to publicity - property law, can be passed down to heris w/ specific language in will

Likeness is trademark

• Can be longest lived for of IP - as long as the secret is kept secret
• Can be inexpensive
• Can be expensive - Stealth Fighters
• Doesn't always work - if competitor or general public can figure it our