Staying out of Jail:Trademark, Copyright and Ethics

SMPS Greater Detroit Chapter

November 8, 2007

Laura Ricci MBA

• Proposal Expert

• Drake Law School

• Copyright Law as a newspaper editor

• Industry Awards

• Industry Speaker

• Web Strategist of the year 2002

How Can I Help You?

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• ____________________________

• ____________________________

• ____________________________

• ____________________________

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Agenda

• Trademark and Copyright law• My OTJ training

• Myths and Excuses• Fair Use

• Trademarks

• Trademarks vs. Copyrights

• Copyright

• Ethics

Intention of the Law

• Protect innovation

• Preserve benefits of creativity

• Support economic growth

“Bring your layouts from September 13 to my office.”

“Nothing that will help you.”

Myths and Excuses #1

• “But Officer! I didn’t mean it!”

• “Tell it to the Judge.” (and jury)

Myths and Excuses #2

• “So long as I don’t sell it, I’m O.K.

Myths and Excuses #3

• “I found it on the Web.”

Myths and Excuses #4

• “This is FAIR USE, so I can use it.”

Fair Use

• Education

• Research

• News

• Commentary

• Parody and Satire

Fair Use

• May not “harm the commercial value of the work”

Trademark

• Requires Vigorous Defense in order to maintain the protection of law

Trademark

• Color

• Size

• Display

• Usage

• “Obvious” is not a requirement

Trademark “Stay Out of Jail” card

• Ask Trademark owner for protocols

• We want to build your Trust!

• We’ll help you engineer progress!

• We want to be your supplier!

• We want your subcontract!

“Stay Out of Jail” card

• Respect, don’t insult

Trademark “Stay Out of Jail” card

• Ask Trademark owner for protocols

Trademark vs. Copyright

Owned by the User Owned by the Creator

Trademark vs. Copyright

Requires vigorous defense and notice

™

No notice required

©

Trademark vs. Copyright

Almost always must be registered

No registration required before infringement

Trademark vs. CopyrightMay be a symbol, image or phrase

May be a symbol, image or phrase

Trademark vs. Copyright

Indefinitely renewable

Creator’s life + 70 years

or 120 years for corporate creations

Trademark vs. Copyright

Not always obvious Specific, not conceptual

Trademark vs. Copyright

Can lose protection by becoming “Generic”

Creator well protected

Copyright

• You cannot copyright a concept

• Specific to the writing/recording/film

Copyright “Stay Out of Jail” card

• Quotes with attribution generally acceptable

• You can write your own version of the concept, but this can tread too close to “derivative works” so I don’t advise this.

Copyright

• “Fair Use” does not apply to us.

Copyright

• Photos are exceptionally protected because they are exceptionally infringed.• Jury Awards Shoe Photographer $1.3

million

Copyright “Stay Out of Jail” card

• WORK FOR HIRE when buying photographic or other design services

• Get an account at stock.xchng.com, morguefile.com, iStockPhoto.com, Getty Images

• buy a digital camera for the office.

• Display rather than copy

Copyright

Copyright “Stay Out of Jail” card

• Get permission• Licenses are often nominal for limited use

• Display rather than copy

Copyright

• Movies, TV shows, video, audio

Copyright “Stay Out of Jail” card

• Get permission• If you can’t get permission, try to quote by

reference

More “Stay Out of Jail” cards

• Evoke, don’t violate

Exercise

• Your team is in contention for work to build a new Headquarters for your prospective client.

• You are unable to get protocols from the firm.

Exercise

• Develop a list of ways you can connect with the prospect in your proposal and presentation.

• Laura has ___ pairs of handcuffs waiting for the teams who don’t accomplish the mission.

Stay Out of Jail

• Ask for protocols

• Respect, don’t insult

• Display, don’t copy

• Evoke, don’t violate

Ethics

• FARS• Federal Acquisition Regulations

• DFARS• Defense Federal Acquisition Regulations

FARS

• Whenever federal funds are part of the project, FARS compliance is a requirement

FARS

• Subcontractors to firms with federal contracts are subject to FARS

FARS issues of substance

• Discussion during procurement• About the project and source selection• About potential job offers

• Gifts• Entertainment can be construed as bribes

FARS “Stay Out of Jail” card

• Confirm that your meeting is not intended to violate procurement rules.

• Complete your business development calls before the RFP is announced.

• If hosting, put out a cup and list the cost of all refreshments served.

FARS

• Q and A are disclosed to competitors

Questions?

Staying out of Jail:Trademark, Copyright and Ethics

SMPS Greater Detroit Chapter

November 8, 2007