© 2013Steven J. McDonald

Disclaimer!

Always read the fine print:I am a lawyer

But I am not your lawyer

This is general information, not legal advice

Disclaimer!

Always read the fine print:I am a lawyerBut I am not your lawyerThis is general information, not legal advice

Four Flavors of IP

Copyright

Patent

Trademark

Trade Secret

CopyrightProtection for creative works that are “original”

Literary, musical, dramatic, choreographic, pictorial, graphic, sculptural, audiovisual, and architectural worksProtection does not extend to “useful” objects or to underlying ideas

Registration and notice are not required, but valuable

“Copyright happens”

Exclusive right to copy, modify, distribute, and publicly perform or display the work

Ownership of copy ≠ ownership of copyright

Term: generally life of “author” + 70 years

PatentProtection for useful works that are “novel”

Utility patents: “inventionsDesign patents: ornamental designs for “articles of manufacture

Registration is required, and expensivePublic disclosure before registration can result in loss

Right to prevent others from making, using, selling, or importing the patented item

Term: 20 years (utility); 14 years (design)

Trademark

Protection for anything that identifies source of goods or services

Name, logo, color, shape, smell, . . .

Registration not required, but valuable

Exclusive right to use the mark as an identifier on same or similar goods or services

Term: possibly forever

Trade Secret

Protection for any formula, pattern, compilation, program, device, method, technique, process, or other information that is valuable because it is not generally known, and that is protected from disclosure by reasonable means

No registration system

Protection against misappropriation

Term: As long as it remains a secret

Works Made for Hire

Works created by an employee acting within the scope of his or her employment

Certain works specially ordered or commissioned from an independent contractor if there’s a signed written document making it a WMFH

Money doesn't talk

Resources

Resources

Resources

Resources

Questions(and maybe answers)