Copyright and Trademark Quiz

Intellectual Property

• Intellectual property (IP) refers to creations of the mind
• IP includes inventions, literary and artistic works (books, movies, music, apps, software), designs & symbols, and names & images
• IP protection incentivizes production, rewards creativity, protects consumers, and discourages counterfeiting and piracy.

Categories of IP

• Trademarks
• Patents
• Copyright

Trademarks

• A distinctive mark or motto used by a manufacturer to identify a good's source.
• Examples include well-known logos and brand names (VW, Versace, Playboy, Samsung, GAP, etc.).
• A trademark can apply to a distinctive mark, colors, forms or three-dimensional features.
• Trademarks must be registered with the state or federal government.
• Registration applications filed with the U.S. Patent and Trademark Office (USPTO) must include a reproduction of the mark, list of goods or services to which the sign applies, and a guarantee the mark does not mislead or deceive.
• A mark can be registered if it is currently used in commerce or will be within six months.

Trademark Distinctiveness

• Strong Marks: Fanciful, arbitrary, suggestive marks are inherently distinctive.
• Secondary Meaning: Descriptive and geographic terms or personal names, not inherently descriptive, with a secondary meaning or special associations.
• Generic: Refers to an entire class of products and receives no protection, even with a secondary meaning.

Trademark Registration

• Trademarks can be registered with the state or federal government.
• File an application with the USPTO
• Including a clear reproduction of a distinctive mark, any colors, forms or three-dimensional features and a list of goods or services

Related Trademark Protections

• Service Mark: Used to distinguish services.
• Certification or Collective Mark: Recognising a particular quality or membership.
• Trade Dress: The image & overall appearance of a product.
• Trade Names: A business name, which may be the same as the business' trademark.

Trademark Infringement

• May occur when a trademark is copied, either entirely or to a substantial degree.
• This is regardless of the intent behind the copying.
• Remedies include injunctions and possible destruction of infringing goods.
• Actual damages and profit disgorgement under the Lanham Act are also options.

Cybermarks

• Domain Names are overseen by ICANN (Internet Corporation for Assigned Names and Numbers).
• Trademark Dilution occurs when a trademark (TM) is used without authorization, without requiring proof consumers are confused by a non-existent connection between products.

Patents

• A patent is an exclusive grant from the government that prohibits others from making, using, or distributing an invention.
• Patents must have a practical use and include a novelty element.
• Unpatentable items include laws of nature, natural phenomena, and abstract ideas.

Patent Registration

• USPTO application is essential for patent protection.
• Inventions are protected
• Inventions must have a practical use.
• An element of "novelty" in any invention is required.
• The laws of nature, natural phenomena, and abstract ideas aren't patentable.

Patent Infringement

• Infringement occurs when a firm makes, uses, or sells another's patented design or process without permission.
• It can occur even if the patented product isn't in commerce.
• Infringement doesn't require copying all features, unless infringing on a process.
• Infringement doesn't occur when a product is made and sold in a different country.
• Court action may be taken resulting in either injunctions and/or damages.

Copyrights

• Copyright laws protect literary and artistic creations of authors, artists, and creators.

Copyright Registration

• Register with the U.S. Copyright Office
• The copyright symbol is not required.

What is Protected? (Copyright)

• Original tangible works including literary works (books, poems, newspapers, etc.), music, dramatic works, choreography, pictorial, graphic, sculptural work, movies and multimedia, sound recordings, architecture, compilations, and software.

How is a Work Protected? (Copyright)

• The copyright owner has the exclusive right to use, reproduce, distribute, and perform the work.

Copyright Infringement

• Infringement may include any amount of copying.
• It doesn't have to be exactly the same as the original work.
• A copyright holder may sue for injunctions and/or damages if a copyrighted work is used without permission.
• Infringers may face criminal penalties in addition to civil remedies.

What Material Can Be Used? (Copyright)

• Works in the public domain
• Works with expired copyrights
• Works with explicit permission
• Works with an exception for use

Works in the Public Domain/Expired Copyrights

• Works published or released before 1929 are in the public domain.
• Works created on or after January 1, 1978 are protected for the author's life plus 70 years.
• Works published between 1929 and December 31, 1977, are protected if they have a copyright notice, and for the life of the author plus 70 years.
• Works created on or after January 1, 1978 are protected for 95 years from publication or 120 years from creation (whichever is longer.)

Public Domain Libraries

•  General Collections (like Free-Images.com, Flickr.com)
• Government Resources (Government Archives, US National Park Service Historic Photograph Collection, NOAA Photo Library, Library of Congress)
• Other sources. Beware of CC0 images.

Works that Grant Permission

• Works covered by licenses allowing use for specified purposes (e.g., commercial use, non-profit use).
• Works available through commons or institutional repositories.

Institutional Repositories

• OpenDOAR (Directory of Open Access Repositories)
• Creative Commons
• CC0 licenses (like Wikimedia Commons, Google Images, Flickr)
• Public Library of Science, and others (Universities, libraries)

Fair Use

• A copyright holder can avoid liability if the use fits the "fair use" category.
• Factors to assess "fair use" include the purpose of the use (commercial or non-profit educational), the nature of the copyrighted work, the amount and substantiality of the portion used, and the effect on the potential market value of the copyrighted work.

Trade Secrets

• Trade secrets are confidential information with commercial value (customer lists, plans, research and development, pricing info, marketing, production techniques).
• Generally, trade secrets aren't protected under trademark, patent, or copyright law.
• Instead, protection comes under tort law, the Uniform Trade Secrets Act, and the Economic Espionage Act.

Famous Examples

• 'It's a Wonderful Life' (entered the public domain)
• Mickey Mouse (Disney copyright)

Test your knowledge on copyright and trademark law with this quiz. Explore essential concepts including copyright infringement, trademark registration, and the rights of owners. Perfect for students of law or anyone interested in intellectual property!