Intellectual Property PowerPoint PDF

Legal Environment of Business BLAW110 Intellectual Property  Intellectual Property (IP) Intro Intellectual Property are creative ideas (“works”) that are turned into something tangible Three types of IP: (1) Patent, (2) Trademark, (3) Copyright Key Issues: (1)...

Legal Environment of Business BLAW110 Intellectual Property  Intellectual Property (IP) Intro Intellectual Property are creative ideas (“works”) that are turned into something tangible Three types of IP: (1) Patent, (2) Trademark, (3) Copyright Key Issues: (1) What kind of Works are protected under Copyright, Trademark and Patent? (2) What can you do with a Work once it is registered? (3) What happens if someone steals your Work or you steal someone else’s Work? Overall, IP protects the expression of an idea, not the idea itself!  Patents and Trademarks Patents: Designs, systems, processes and formulas Divided into design patents (emojis, fonts), utility patents (telephone, lightbulb) and plant patents Trademarks: Words/slogans, short phrases, logos, names Ex: Nike’s swoosh logo is protected by Trademark. Nike’s slogan “just do it” is also protected by a separate Trademark. Trademark infringement test: Likelihood of confusion Under the Lanham Act, can be liable for damages  Copyright Categories Section 102 of the Copyright Act protects the following: a. Literary Works b.Audiovisual Works c. Musical Works – 2 separate Copyrights, the musical composition (MC) and the sound recording (SR) d.Dramatic Works e. Pantomimes and Choreographic Works f. Pictorial, graphic, sculptural works g. Architectural Works h.Other - “catch all”  Elements for Copyright Protection Element 1: Originality Test: A “modicum of creativity” Historical facts, genres, plots are not protected as © elements Element 2: Fixation Test: Fixed in a “tangible medium of expression” (must be written down somewhere) Once you have these two elements, you own the Copyright; however, no right to sue other parties until a work is registered with the Copyright office  Rights of Copyright Owners Section 106 of the Copyright Act gives an owner the right to do the following: Making copies Make a “derivative work” Distribute the Work (licensing) Public Performances Public Display Digital Audio Transmission Unauthorized use of any 106 right = Copyright infringement!  Ownership, Moral Rights and Duration Ownership: Either classified as an independent contractor (IC) or Work for Hire (WFH) WFH – Prepared by an employee or commissioned by a company (company owns the Work) IC – Independently created (you own the Work) Moral Rights/Droit Moral: Foreign authors have U.S. Copyright protection regardless of where the Work was registered Duration of Copyright Protection: For IC’s, life of the author + 70 years For WFH, the lesser of: (A) 95 years from publication OR (B) 120 years from creation  Steamboat Willie (1928) Once duration lapses, a Copyright falls into the public domain. https://www.youtube.com/watch?v=iep9 EJ9H1aU https://www.youtube.com/watch?v=BBgg hnQF6E4 Copyright Infringement There are 3 elements needed to prove an infringement claim: 1) The work is protected by a valid Copyright (ownership); 2) The Copyright is registered with the Copyright office; 3) AND EITHER: (A) The Defendant directly copied the Work OR (B) The Defendant had access to the Work and the two Works are substantially similar  Damages and Defenses Damages: Up to $150,000 per infringing act Statute of Limitations: 3 years to sue Defense: Fair Use (4 factor test) (1) purpose of the use Is something “transformative” or new being created (ex: parody) (2) nature of the work (3) how much of the song you are using, and A “de minimis” use is insufficient to establish liability (4) commercial use/effect on the market for or value of the Work Most important factor, which looks at the sales of each Work  “Blurred Lines” Blurred Lines - released Summer 2013 by Robin Thicke and Pharrell Williams, became one of the best-selling singles of all-time Sued by Marvin Gaye’s estate for the 1976 song “Got to Give it Up” P’s Argument: Defendants had access and Work is substantially similar D’s Argument: No protection over genres or a certain “feel” of music Blurred Lines: http://www.vevo.com/watch/robin-thicke/blurred-lines-(unrated- version)/USUV71300526 Got To Give It Up: https://www.youtube.com/watch?v=s4r0-LJZBDM)  “Blurred Lines” Result Result: March 2015 - Robin Thicke and Pharrell Williams found liable for copyright infringement, jury awards Gaye’s estate $7.4M December 2018 - On appeal, damages reduced to $5.3M and 50% of the royalties from the song in perpetuity Does this affect other Copyright cases going forward?  Copyright Exercise Pick your favorite song/album/movie/series and conduct a Copyright search at: https://cocatalog.loc.gov/cgi- bin/Pwebrecon.cgi?DB=local&PAGE=First (1) Who owns the work? (2) When was the work was created/registered? (3) Was the Work commercially successful? (4) Why you picked the work/what it means to you