UNITED STATES COPYRIGHT ONLINE
E-Lesson 1.0 – Copyright and Intellectual Property
© 2004-2009 Lesley Ellen Harris, lesley@copyrightlaws.com. This message is for the recipient
only and may not be forwarded. The content of this message is for informational purposes only
and should not be relied upon as legal advice; consult a lawyer should you need legal advice.
What is Copyright?
Copyright means the “right to copy.” The United States Copyright Act (Title 17,
U.S. Code) grants certain rights to authors of “original works of authorship”
including literary, dramatic, musical, architectural, cartographic, choreographic,
pantomimic, pictorial, graphic, sculptural and audiovisual creations. Among
rights, copyright owners have the exclusive right to reproduce, distribute and, in
relation to certain works, publicly perform or display a work. The rights set out in
the Copyright Act give copyright owners control over the use of their creations,
and an ability to benefit, monetarily and otherwise, from the exploitation of their
works. Copyright also protects the rights of attribution and integrity for authors of
works of visual art. Copyright law is part of a larger body of law called
“intellectual property.”
What is Intellectual Property?
The word “intellectual” is used to distinguish it from “physical” property.
Intellectual property law refers to and protects the intangible or “intellectual”
nature of an object. Physical property law protects the tangible or physical
aspect of an object.
For example, there is both an intellectual and physical property component to a
book. The physical component of the book is the object itself, which you can hold
in your hand. The intellectual component of the book is the words that appear on
the page and the expression of any ideas contained in those words. The physical
and intellectual components of any creation are separate. By owning the physical
or intellectual property in a creation, you do not necessarily own the other sort of
property in it. Thus, owning a book does not mean that you own the copyright in
that book.
Let’s take a look at the various areas of intellectual property so we can better
understand what is protected by copyright law.
Patent Law
A patent is granted for useful things or methods of doing something. There are
basically three kinds of patents in the U.S. A utility patents covers inventions like
1
a machine, (e.g., microwave oven), an article of manufacture, a method of doing
something, products of genetic engineering, or improvements to any of these
things. A plant patent protects a new variety of plant. A design patent protects
the ornamental appearance of a useful device (but would not protect its function.)
For example, a design for sterling silver tableware may be protected as a design
patent. Utility and plant patents endure for 20 years from the date of applying for
the patent. A design patents lasts 14 years from the date the patent is granted.
Trademark Law
A trademark is a word, symbol, picture, logo, design or shaping of goods, used to
distinguish the goods or services of one person or organization from those of
another in the marketplace. A trademark owner has exclusive use of that mark to
be identified with certain goods or services. Examples of trademarks are the
word and logo “Coca Cola” and the distinctive shape of the Coke bottle. Trademarks are protected either by use (for as long as their use continues), or by
registration. A certificate of federal trademark registration is effective for 10
years, however an affidavit of continued use must be filed in the sixth year. The
trademark is renewable indefinitely for 10-year periods as long as the mark is still
used in commerce.
Trade Secrets
Trade secrets protect concepts, ideas and factual information. It is information
that is valuable to its owner, not publicly known and that has been kept secret by
the owner of that information. A customer list, or a recipe for a certain soda pop
obtained by working at a soft drink company, may be a trade secret.
Unlike the other areas of intellectual property, trade secrets are not governed by
a federal statute, but are protected under state law. One of the best ways to
protect trade secrets is through written contractual arrangements. The more
specific and limited the terms and conditions in the contract, the more likely a
court of law would uphold such an agreement.
E-Lesson 1.0 Quiz:
1.
a.
b.
c.
What does intellectual property protect?
the tangible or physical aspect of an object
the intangible nature of an object
both the tangible and intangible natures of an object
2.
a.
b.
c.
May I get a patent on my book?
Yes, you can patent a book
Yes, you can either patent or copyright a book
No, you can only copyright a book
2
3.
a.
b.
c.
What does copyright protect?
Logos and names
The exclusive right to reproduce or publicly perform a work
Inventions
4. Which one of these areas of intellectual property is not governed by a
federal statute?
a. Copyright
b. Patents
c. Trade secrets
5.
a.
b.
c.
What is the length of protection for intellectual property?
50 years after the author’s death
10 years, renewable for 10 years
Each type of intellectual property has its own length of protection
Further Information:
General information on intellectual property is available from the United States
Patent and Trademark Office, at: http://www.uspto.gov/.
An overview of United States intellectual
http://usinfo.state.gov/products/pubs/intelprp/.
property
law
is
at::
A thorough yet easy-to-read description of the various areas of intellectual
property are at BitLaw, at: http://www.bitlaw.com/.
A bibliography of Web sites relating to intellectual property law, is at:
HierosGamos at: http://www.hg.org/intell.html.
Quiz Answers:
1b, 2c, 3b, 4c, 5c
This course is offered by copyrightlaws.com.
3