Chapter 14 Copyright Law INTRODUCTION The law of copyright is almost 500 years old American copyright law springs from the U S Constitution and protects a wide variety of intellectual creations including books photographs poetry motion pictures videotapes databases e books and CDs IMMATERIAL PROPERTY LAW Copyright The body of law that protects the works created by writers painters photographers performing artists inventors and others who create intangible property Intangible property is property that a person cannot touch or hold or lock away for safekeeping A book consists of two pieces of property the physical material book and the words and artwork printed on the pages PATENTS The Constitution has given Congress the right to promote the sciences and the useful arts by protecting the rights of inventors There are at least 3 different kinds of patent protections One variety protects inventors that have utility such as machines or a process Another protects designs the appearance of an article of manufacture A variety of patents protects plants but only those kinds that can be reproduced asexually through means other than seeds like cuttings or grafting Patent rights do not exist until the patent is issued by the U S government The abbreviation on many items is pat Pending which means the patent has been applied for and is pending TRADEMARKS A trademark is any word symbol or device or combination of all three that differentiates an individual s or company s goods and services from the products or service of competitors The trademark assures the buyer that he or she is getting the real item and protects the manufacturer or service provider from the unfair business practices of others The function of trademark law is to stop confusion in the marketplace to clearly identify the products and services created by specific businesses Examples Anyone can manufacture and sell a portable or pocket size cassette tape player but only Sony can call its player a Walkman The hourglass shape of the classic Coca Cola bottle is a registered mark The art deco spire of the Chrysler Building and the neoclassic fa ade of the NYSE Building The design of the back pocket of Levi s jeans The dripping red wax seal on a bottle of Maker s Mark bourbon whiskey The U S Olympic Committee contends it has the exclusive rights to use and control the word Olympic Trademark law doesn t give someone exclusive rights in words only the right to prevent consumer confusion Slogans such as Don t Leave Home Without It and Just Do It are registered trademarks Several professional athletes sought to register their names nicknames and even their catchphrases to block their use by others on merchandise A generic term one that is widely used by businesses and individuals cannot be protected as a trademark even if someone tries to register it Some telephone numbers can be protected as trademarks e g 1 800 FLOWERS Protection for colors can also be granted The Owens Corning Fiberglas Corporation won protection for the color pink the hue of its popular home insulation The Qualitex Company registered as a trademark its shade of green gold on the pads it makes for use on dry cleaning presses Christian Louboutin red soles on his designer shoes There is protection for service marks for businesses such as Holiday Inn and McDonald s and the certification marks for goods and services such as Dolby cassette desks and Real cheese for food products Collective marks identify and protect members of organizations such as the National Association of Realtors There is protection for trade dress the way a product is packaged Once registered a trademark must be renewed after five years Renewals is then required at 10 year intervals But as long as it is properly renewed a trademark can be maintained indefinitely The Four Main Functions of Trademarks and Service Marks They identify one seller s goods and distinguish them from goods sold by others single source They signify that all goods bearing the trademark or service come from a They signify that all goods bearing the mark are of an equal level of quality They serve as a prime instrument in advertising and selling goods While personal ownership of a trademark may exist perpetually the ownership of a trademark or a trade name can also be lost Failure to use a name for as little as 3 years can constitute abandonment Trademark protection can be lost if the owner of the mark allows others to use the mark in a generic way Example Super Glue Trademark law is designed to reduce the likelihood of confusion in the marketplace But a parody of a trademarked item is not necessarily an infringement because it would not generate such confusion Example Chewy Vuitton The Federal Trademark Dilution Act gives the owners of trademarks and trade names legal recourse against anyone who uses the same or similar trademarks on even dissimilar products This law does not apply to the use of a registered name or mark in news reports or news commentary or in parody satire or other such forms of expression Moseley v Secret Catalogue Inc Ruled could not use the names Victor s Secret or Victor s Little Secret on their adult novelty and lingerie shop The court ruled the use of those names cast an unflattering shadow on the Victoria s Secret chain and could potentially hurt its business To establish a trademark the applicant must submit a registration application to the Patent and Trademark Office in Washington D C Fee of registration is between 275 375 Advisable to precede the application with a search for previous registrations Anyone who claims the right to a trademark cab use the designation with the mark to alert the public to the claim It is not necessary to have a registration or even a pending application to use this designation The first person who uses the mark not the person who first registers the mark is the one who holds the rights to the symbol or word or phrase Not all trademark infringements end up in court A rock band called the Postal Service received a cease and desist letter from the real Postal Service informing them the Postal Service was a registered trademark of the USPS But USPS gave them permission to use the name if they agreed to promote the use of the mail PLAGIARISM Plagiarism occurs when a writer takes the ideas thoughts or words form another and passes them of as his or her own The notion of taking credit for the work of another is a key element in plagiarism Most cases of plagiarism that are
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