Asem AboelzahabRachel Benavides

Ray KirchnerAshley Moncrief

Mahmoud Qalyoubi

Copyrights: What is a copyright? How do you apply for a copyright?

Trademarks: What is a trademark? How do you apply for a trademark?

Copyright is a form of intellectual property that gives the author of an original work exclusive right for a certain time period, after which time the work is said to enter the public domain.

Intellectual Property-refers to creations of the mind. Common types: copyrights, trademarks, patents,

industrial design rights and trade secrets. An original work of authorship includes:

Literary works Dramatic works Musical works Software Photographs And certain other intellectual works

The owner of the copyright has exclusive rights to do/authorize: Reproduction and distribution (by sale, rental

lease, or lending) copies Prepare derivative works based on their work To perform or display the work publicly

It is illegal to violate any of the rights provided by the copyright law.

1976 Copy Right Act Established: Basic rights for the copyright holder Codified the Fair Use Act

Codified-enacted by a legislative body; "statute law"; "codified written laws"

Set how long the copyright lasts (Authors Life +75 yrs) for general copyrights.

Sections 107 through 121 of the 1976 Copyright Act establish the scope of the rights.

Although copyrighted material has rights which are protected by law, there are some limitations.

One major limitation is the doctrine of “fair use” – this includes reproducing works for criticism, comment, news reporting and teaching.

• Fair use requirements: • Non-commercial use vs. commercial use

Public non-commercial television stations vs. commercial television stations.

Nature of copyrighted work Cost of copyrighted work.

Amount of copyrighted material used in relation to whole works Use less than 5% of original works.

Effect of use on the market or value of the original Will it lower market / original value.

The “author” of the work, and family after the authors death.

For works made for hire, the employer (not the employee) is the author.

Authors of a joint work are co-owners of the copyright.

The purchase of a book, painting, etc. does not give the purchaser a legal claim to the copyright. The transfer of ownership of copyrighted material does not convey any legal rights pertaining to the copyright.

Minors can claim copyrights, but state laws may regulate the business dealings involving copyrights owned by minors.

Literary works Musical works (including words) Dramatic works (including music) Pantomimes and choreographic works Pictorial, graphic, and sculptural works Motion pictures and other audiovisual

works Sound recordings Architectural works Artistic works (ex: poetry, novels, movies,

computer software,…etc.)

Works not set in a tangible form of expression (an improvisation or something not yet recorded/written)

Titles, names, short phrases, and slogans Text from the phone book

Familiar symbols or designs The circle with a slash symbol

Listings of ingredients/contents Variations of typographic ornamentation, lettering,

or coloring Descriptions, explanations, or pictures that show an

idea, procedure, method, system, discovery, etc. Works that have information that is common

property and containing no original authorship (ex: standard calendars, height and weight charts, tape measures and rulers, and lists or tables taken from public documents or other common sources) .

There is no international copyright that will protect an author’s work throughout the world.

Protection against unauthorized use in a particular country depends, basically, on the national laws of that country.

However, most countries offer protection to foreign works under certain conditions that have been greatly simplified by international copyright treaties and conventions.

Berne Union for the Protection of Literary and Artistic property: Generally, the works of an author who is a

national or domiciliary of a country that is a member of these treaties or works first published in a member country or published within 30 days of first publication in a Berne Union country may claim protection under the treaties.

Berne Convention has minimum standards for copyright law:- It must be automatic; it is prohibited to require formal registration

- It states that all works except photographic and cinematographic shall be copyrighted for at least 50 years after the author's death, but parties are free to provide longer terms. - For photography, the Berne Convention sets a minimum term of 25 years from the year the photograph was created, and for cinematography the minimum is 50 years after first showing, or 50 years after creation if it hasn't been shown within 50 years after the creation.

Universal Copyright Convention (UCC): Under the UCC, any formality in a national law may

be satisfied by the use of a notice of copyright in the form and position specified in the UCC. A UCC notice should consist of the symbol © (C in a circle) accompanied by the year of first publication and the name of the copyright proprietor (example: © 2006 John Doe).

The UCC ensured that international protection was available to authors even in countries that would not become parties to the Berne Convention. Berne convention countries also became signatories of the UCC to ensure that the work of citizens in Berne Convention countries would be protected in non-Berne Convention countries.

No publication or registration or other action in the Copyright Office is required to secure copyright. -Berne Convention

Enacted in U.S. in 1989 to amend 1976 Copyright Act

Secured automatically when recorded in a “tangible form” Drawing, sheet music, photograph, videotape,

computer file, etc.

• Creates a public record about the details of a specific copyright.

• Legal formality that is not necessary to receive copyright protection.

• Is needed prior to filing an infringement suit.• Can be made any time during the life of the

copyright.– Registration prior to infringement allows owner to

seek compensation for statutory damages and attorney’s fees

– Registration after infringement only permits owner to seek compensation for actual damages and lost profit

ACTUAL DAMAGES

Actual damages suffered by him or her as a result of the infringement, and any profits of the infringer that are attributable to the infringement

STATUTORY DAMAGES

An award of statutory damages for all infringements involved in the action

Sum of not less than $750 or more than $30,000 [per work] as the court considers just.

The court in its discretion may increase the award of statutory damages to a sum of not more than $150,000, [if willful infringement is proven]

According to US Code Collections Title 17, Section 504

Joel Tenenbaum vs. RIAA (Recording Industry Association of America)

RIAA sued Tenenbaum for illegally downloading and sharing 30 songs (copyright infringement)

Actual Damages• Assuming court awarded $1

per song (actual cost per song)

• Tenenbaum owes $31

Statutory Damages• Assuming court awarded

$22,500 per song • Tenenbaum owes $675,000

Submit paper form Individual forms for basic claims

Form TX (literary works) Form VA (visual art works) Form PA (performing art works, includes motion

picture) Form SR (sound recordings) Form SE (single serial)

Required for non-basic claims Works published as contributions to

periodicals 3-D patterns on semiconductor chips See more at, http://www.copyright.gov/forms/

$65 paper filing fee

Two alternative options for basic claims Submit with Electronic Copyright Office (eCO)

Lower filing fee, $35 Fastest processing Online status tracking http://www.copyright.gov/eco/notice.html

Submit Form CO Single form for all basic claim media types Faster processing $50 filing fee

No longer required by law. Without it, compensation for copyright

infringement may be reduced “Innocent infringement” defense

Informs the public that the work is protected by copyright laws, who the owner is, and the year of the first publication.

Example: © 2007 James Dean

Works created on or after 1/1/1978 The work is protected from moment of

creation until 70 years after the author’s death.

Works for hire (corporate authorship)/Anonymous Works: Copyright lasts 95 years from publication or 120

years from creation (whichever is shorter) Works before 1/1/1978

Not published/registered: same as above Published/registered:

Total term of protection: 95 years after publication

There are 3 types of trademarks

1. Trademark2. Service Mark3. Registered Trademark

A distinctive sign or symbol used to identify the source of a certain product, distinguishing it’s product from similar products from other sources

Can be used by an individual, a business or any entity

Similar to a trademark, but distinguishes a service provided by a certain source, rather than a product

A trademark that is registered with the United States Patent and Trademark Office

It is not necessary to register your trademark, but registration gives some advantages

1. Public Evidence of ownership2. Exclusive rights to use trademark nationwide for

your products and services3. Ability to invoke jurisdiction of federal courts4. Can be used to obtain registration in foreign

countries5. Registration may be filed with U.S. Customs Service

to prevent importation of infringing foreign goods

Menu items in restaurants are usually made registered trademarks in order for businesses to have the sole right to use a certain name for a product

Trademarks can be renewed forever, unlike patents which expire after a defined time

Trademarks are issued for 10 year periods, and can be renewed with no limit for 10 year periods

1. §8 Declaration of Continued Use2. §9 Application for Renewal

Fee of $500 for joint-application filing

Many combinations of registered trademarks, trademarks, and other words or symbols can be used

For a company to use a registered Microsoft logo, to show that their software is compatible with Microsoft, it must have a signed agreement

Microsoft logos are not allowed to be used freely on websites, for fear of consumers believing the website is run by Microsoft

• The first step in the Trademark application process is to determine whether Trademark rights are already being claimed by another. – This may be done for free via TESS

(Trademark Electronic Search System)– May also conduct a trademark search by

visiting the Trademark Public Search Library in Alexandria, Virginia

– Trademarks including a design element will have to be searched for using a design code.

• Searching for a Trademark may be done for free via TESS (Trademark Electronic Search System)

• May also conduct a trademark search by visiting the Trademark Public Search Library in Alexandria, Virginia

Hours are Monday thru Friday 8am-8pm

Research assistance is offered 8am-5pm

• Trademarks including a design element will have to be searched for using a design code.

• If a search finds a trademark that may conflict with the trademark in question a follow up search should be conducted via the TARR (Trademark Applications and Registrations Retrieval) database.

• The next step is the identification of goods and services that will be associated with the trademark.

• It will be necessary to have a statement identifying with what the trademark will be used.

• If no recognizable goods or services are listed the application will be returned along with all fees.

• Another consideration is the depiction of your mark. Every application must include a clear representation of the mark that you want to register.

• Two types of format are available for the depiction of your mark• Standard Character Format– Used for words, letters, numbers, or any

combination thereof, without claim to particular font size, style, or design characteristics.

– This is used to cover broad rights namely used in many manners of presentations.

• Stylized Design Format– This is used to cover a specific design

appearance to protect.• The two formats cannot be combined into one

mark.

The next step is the filing of the actual application. This is done online through the TEAS

(Trademark Electronic Application Service). www.uspto.gov/teas/eTEASpageA.htm

You can monitor the status of your application through the TARR database

TEAS Form Filing fee of $325 per class of goods and

services Not as strict

Can make “free-text” entry of goods and services

TEAS Plus Form Lower filing fee of $275 Stricter requirements

Have to select goods and services directly from the listing provided by the USPTO

The application contains a series of entry fields including Name and contact information of the owner of

the mark Entry of the mark Entry of the good and/or service

The application is then submitted to the USPTO

If the requirements are not met once the application has been filed, the applicant has the ability to overcome the objections This must be done within 6 months or the

application will be declared “abandoned” Abandoned applications can be reinstated by

filing an appropriate petition

After the USPTO determines that you have met the minimum filing requirements, an application serial number is assigned and the application is forwarded to an examining attorney. This may take a number of months. The

examining attorney reviews the application to determine whether it complies with all applicable rules and statutes, and includes all required fees.