BUSA2106Lecture 16Outline of Last Lecture I. TrademarksII. PatentsOutline of Current Lecture III. Copy RightsIV. Trade SecretsCurrent Lecture- Copyrights •Protected by federal statute •Protect original tangible works 1. Literary works 2. Musical works, e.g., compositions 3. Dramatic works, e.g., plays 4. Choreographic works 5. Pictorial, graphic and sculptural works 6. Movies and other A-V works 7. Sound recordings 8. Computer programs and code (as of 1980) 9. Compilations of facts (encyclopedias) - Obtaining a copyright •Not required to register copyright or use copyright notice © (like trademarks) •But, copyright must be registered with U.S. Copyright Office if your lawsuit seeks 1. Statutory damages ($100,000 per willful violation) 2. Attorney fees - Copyrights: Duration •Duration –Individuals: life of author + 70 years•Example: Mark Twain died in 1910, copyright until 1980 –Corporations: 95 years from first publication OR 120 years after creation of the work, whichever is shorter- Copyrights: Termination and Transfer •Rights can be transferred –Power Rangers (for $250) •Rights can expire - Copyright Infringement: Direct Infringement •Copyright infringement lawsuit •Elements: –Unauthorized copying, distribution, performance or display of the work –Infringer had access to original work and two are substantially similar - Copyright infringement?•Gone with the Wind and The Wind Done Gone –Injunction vacated –Settled; publisher made donation to Morehouse College in exchange for Mitchell's estate dropping the litigation - Other Types of Infringement•Contributory infringement–Inducing or materially contributing to infringement by another with knowledge of the infringing activity–GSU copyright lawsuit: e-Reserves–Napster•Vicarious infringement–Profiting from system that enables others to infringe protected works–Napster- Fair Use Defense to Copyright Infringement•Fair use – Court considers nature, amount, purpose, and economic effect of use–Educational use–Parody–Research guide- Trade Secrets: What can be protected? •What can be protected as trade secrets? –Product formulas, patterns and designs –Customer lists and other compilations –Proprietary data, research, pricing info •Goods (products) should be patented to prevent reverse engineering –No secret if “disclosed” - Protecting Trade Secrets•Protection is governed by state law•Owner must take reasonable steps to maintain secrecy, e.g.–Identify trade secrets–Require key employees to sign confidentiality and non-disclosure agreements–Limit access to “secret” through badges, security codes, passwords, encryption, secure labs, etc.•Example: Moving Coca-Cola’s secret formula- Remedies for Theft of Trade Secrets •Civil lawsuit under state law –More than 45 states have adopted the Uniform Trade Secret Act •Criminal prosecution under the federal Economic Espionage Act of 1996 –Organization: fines up to $5 M ($10 M if on behalf of foreign government) –Individuals: up to 15 years in prison (25 if on behalf of foreign government) - International Protection •1886 Berne Convention (U.S. joined in 1989)–Applies in 170 countries; agreed to recognize each others’ copyrights •1994 Trade-Related Aspects of Intellectual Property Rights (TRIPS) –Established standards for international protection of patents, trademarks, and copyrights for movies, music, computer programs and books –Member nations must offer same treatment to nationals of other countries that they give their own citizen-owners of IP •Madrid Protocol (U.S. joined in 2003) –Applies in 70+ countries –Trademark registration in one country is to be recognized in all others designated by applicant •(No international protection for trade
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