Intellectual Property, Copyright & Fair Use Guidelines PDF

Summary

This document presents an overview of intellectual property (IP), focusing on copyright, fair use, and related guidelines. It defines intellectual property as the intangible value attached to original creative work, encompassing ideas, concepts, and physical creations resulting from effort. The document outlines four types of IP: copyright, patents, trademarks, and trade secrets. It elaborates on each type, including the concept of fair use and its limitations, as well as guidelines for understanding copyright ownership.

Full Transcript

WARM UP! PUZZLE #1 PUZZLE #1 PUZZLE #2 PUZZLE #2 PUZZLE #3 PUZZLE #3 PUZZLE #4 PUZZLE #4 PUZZLE #5 PUZZLE #5 Intellectual Property, Copyright and Fair Use Guidelines MEDIA AND INFORMATION LITERACY – MODULE 6 OBJECTIVES 1. Define and differentiate Intellectual Property, Copyright, and...

WARM UP! PUZZLE #1 PUZZLE #1 PUZZLE #2 PUZZLE #2 PUZZLE #3 PUZZLE #3 PUZZLE #4 PUZZLE #4 PUZZLE #5 PUZZLE #5 Intellectual Property, Copyright and Fair Use Guidelines MEDIA AND INFORMATION LITERACY – MODULE 6 OBJECTIVES 1. Define and differentiate Intellectual Property, Copyright, and Fair Use. 2. Apply the guidelines appropriately when using one’s work in any intended purpose. 3. Value the significance of Intellectual Property, Copyright, and Fair Use guidelines. The name of Adidas is derived from the co-founder, Adolf Dassler. Three stripes of the logo symbolize a mountain, which in turn represents the obstacles, challenges and limits that athletes have to overcome. First, the orange arrow abstracts a smile, indicates the happiness or satisfaction of consumer when they shop with Amazon. Second, the arrow links the letters A and Z which means that the company sells absolutely every product imaginable. designed by Rob Yanov in 1977 bitten apple represents the personal computer providing individuals with access to knowledge ‘byte’ is a computer term and there’s no truth to ‘biting from the fruit of knowledge’ symbolism myths. The company’s founders wanted to capture the history of seafaring and sea trade in 1971. Logo of mermaid was then designed by Terry Heckler after searched through many old marine books. Pinterest is one of the popular internet site by most people when searching for inspiration or ideas. Users collect and ‘pin’ images into a board, symbolizes the image of a board pin hidden in the letter ‘P’. Let’s Define Intellectual Property (IP) Intellectual property refers to creations of the mind. It is the intangible value placed on original, creative work: the ideas and concepts, and the physical things that represent that effort. Inventions, songs, paintings, formulas, designs, and the models, recordings, products etc. that result from or represent the creative effort. Four Types of IP 1. Copyright - property right to authors of original works of authorship 2. Patents - property right to the inventor 3. Trademarks - word, phrase, symbol, or design, or a combination thereof, that identifies and distinguishes the source of the goods of one party from those of others 4. Trade Secrets - confidential corporate information which gives any business a competitive advantage https://www.spencepc.com/intellectual-property-basics/four-types-of-intellectual-property-for-businesses/ Copyright The property right assigned by law to protect authors of “original works of authorship”. Work should be: 1) original, 2) includes a degree of creativity, and 3) in a fixed format. https://www.spencepc.com/intellectual-property-basics/four-types-of-intellectual-property-for-businesses/ Copyright protects: Inventions, songs, paintings, formulas, designs, and the models, recordings, products etc. that result from or represent the creative effort COPYRIGHT Facts, data and other non-creative expression cannot be copyrighted but the ‘expression’ of those facts, in a chart or graph for example, may be. FAIR USE It is a principle in Copyright Law that provides us with a limited ability to use copyrighted material without getting permission for limited purposes: a) personal use b) non-profit uses c) Education d) criticism or commentary, news reporting e) parody TRADEMARK ▪recognizable insignia ▪Phrase/word/tagline ▪Symbol that denotes a specific product and legally differentiates it from all other products of its kind. A trademark exclusively identifies a product as belonging to a specific company and recognizes the company's ownership of the brand. PATENT ▪an exclusive right that allows the inventor to exclude others from making, using, or selling the product of his invention during the life of the patent. ▪Patent owners may also give permission to, or license, other parties to use their inventions on mutually agreed terms. ▪Generally, it can last up to 20 years after it is granted Plagiarism is an instance of using or closely imitating the language and thoughts of another author without authorization; the representation of that author's work as one's own, as by not crediting the original. Copyright Guidelines 1. Who Owns the Rights? Typically, the author or creator alone owns the copyright. If there are multiple authors, they share the copyrights. Copyrights can be given away, sold or negotiated as part of a contract. Copyright Guidelines 2. The Four Rights in Copyright (“All Rights Reserved”) ◦1. Right to reproduce ◦2. Right to distribute ◦3. Right to display or perform the work in public ◦4. Right to create derivatives of the original work. Copyright Guidelines 3. Works Made for Hire The employer owns all copyrightable or patentable works created by employees within the scope of work defined for the job. Commissioned works and those commissioned as part of a collective work are works for hire. Written contracts and agreements may stipulate the employer’s ownership of the work. Copyright Guidelines 4. Works Made for Competitions The sponsor of a certain competition (art competition, for example) has the right to own all creative works of the participants and use them for any intended purpose, provided that an agreement is made between the two parties. Fair Use Guidelines There are no hard rules to determine if an intended use is a Fair Use, but there are ‘test criteria’ to help in making the decision: 1. What is the purpose and character of the intended use? 2. What is the nature of the copyrighted work? 3. How much of the work will be used? And how important is that part? 4. How would widespread use of this work impact its market value? Fair Use Guidelines BASIC RULE All copyrighted materials must be properly acknowledged/cited when used in the academic setting, news reporting, and non-profit activities. Fair Use Guidelines CONTEXT OF USE Personal Use – the use of copyrighted material is limited ONLY to personal consumption. One should not profit from unauthorized use of a copyrighted material. Fair Use Guidelines CONTEXT OF USE Educational Use – copyright law grants education institutions to use copyrighted material without getting permission from the owners, provided that it will ONLY be used for academic purposes.

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