Boating is fun… Your Lawyer can show you how! HOW TO STAY OUT OF THE INTELLECTUAL PROPERTY MINEFIELD

Boating is fun… Your Lawyer can show you how!Boating is fun… Your Lawyer can show you how!

HOW TO STAY OUT OF THE INTELLECTUAL PROPERTY

MINEFIELD


What is Copyright?

Copyright is a form of intellectual property for a work, such as a book, music or photo.


Copyright

• For works of original authorship

• Default position: Copyright is owned by the CREATOR of the work

• Copyright exists as soon as the work is fixed in a tangible medium


Copyright Registration

• Copyright exists upon creation

• Registration with the government is not required

• Notice is not required in U.S.


Infirngement

• The unauthorized use of copyrighted material


Avoiding Infringement

• Unless absolutely certain otherwise, assume it is protected

• Determine who owns the work

• Ask for permission, legally called getting a license

• Get it in writing


Fair Use

• For criticism or comment

• News reporting

• Education

• Scholarship and research


Fair Use Depends On:

• Purpose of the use such as commercial vs. nonprofit educational

• Nature of the work

• Amount of work used

• Effect of the use on the value of the property


Public Domain

• Works that have no copyright protection – the anti-copyright

• Don’t meet the requirements or have expired

• Author never claimed the rights

• United States documents


Caution!

The Internet is Not the Public Domain!


But linking to other web sites is generally OK


Beware!

Changing a Part of the Work Does Not

Remove the Protection


Alert!

When asking for permission, make sure

the other party can legally give it.


And…

Attribution does not equal permission


Questions ??

Documents

Boating is fun… Your Lawyer can show you how! HOW TO STAY OUT OF THE INTELLECTUAL PROPERTY MINEFIELD