BUSA2106 Lecture 16 Outline of Last Lecture I II Trademarks Patents Outline of Current Lecture III Copy Rights IV Trade Secrets Current Lecture Copyrights Protected by federal statute Protect original tangible works 1 2 3 4 5 6 7 8 9 Literary works Musical works e g compositions Dramatic works e g plays Choreographic works Pictorial graphic and sculptural works Movies and other A V works Sound recordings Computer programs and code as of 1980 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 secrets
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