\

• protect words, names, symbols, sounds, or colors that distinguish goods and services from those manufactured or sold by others and to indicate the source of the goods. • Trademarks, unlike patents, can be

renewed forever as long as they are being used in commerce.

• anything with a distinctive new name can automatically be considered trademarked and be immediately branded with the (™) symbol– The Chipper™ Golf Club

• do not have to be registered yearly• always a trademark• legal difficulties proving that it is the owner’s

original work

• have been officially registered with the USPTO (United States Patent and Trademark Office)• offer more protection than

unregistered trademarks (™)• have to be re-registered every

number of years

• form of protection to the authors of “original works of authorship”– includes literary, dramatic, artistic, and

certain other intellectual works.

• Once a piece of art is painted or a written work is printed, it automatically receives copyright protection.

• Limitations on an unregistered copyright– MUST be branded in this form • © (author’s name) (year) i.e., © Joe Plumber 2009

– not completely protected by law– must sue

• Registered copyrights– are stored in a database– offer complete lawful copy protection

• Section 106 of the 1976 Copyright Act generally gives the owner exclusive right to do and to authorize others to do the following:– copy the work;– derive works based upon the original work;– distribute copies;– display or perform the work publicly

• Some material cannot have federal copyright protection. These include, but are not limited to:–works that are not in a tangible form• improvised speeches• choreography uncharted, unrecorded, or

otherwise not notated– titles, names, short phrases and slogans– ideas, procedures, methods, systems, etc.

that are illustrated, explained, or described.– common knowledge or property.

• It is illegal to violate the rights of the owner of the copyright. These rights

are not unlimited, however. • An example would be the “fair use”

doctrine.

• If it was made before December 31, 1922 you’re safe to use it.

• Use for Educational, Nonprofit, or Personal purposes tend to fall under

“Fair Use”.• Criticism, Parody, and Newsreporting

purposes also tend to fall under “Fair Use”.

•Rule of Thumb - If you use less than 10% of the original work, it leans towards being considered fair use.

•YouTube Movies–Use less than 10% of the original work

• Ever have a video on YouTube get denied because of musical copyright infringement?– Did you use the whole song?– More than 10%?

•YouTube Movie

This clip being 8:50 in length is less than 10% of the original film being 91 minutes; thus, falling under the Fair Use Doctrine. However, to be safe, I must say that this clip is © Michael White Productions, National Film Trustee Company, Python (Monty) Pictures, Twickenham Film Studios (1975)

This is an example of copyright infringement. Someone uploaded an entire music video of Linkin Park’s song. Somehow this one got by YouTube, though.

• It is perfectly legal to copy any media that you own such as VHS tapes, CDs, and DVDs for personal backup purposes.– It is perfectly ILLEGAL to circumvent the DVD’s

antipiracy technology, however.– Also, note “personal backup purposes”. Don’t let

your sister watch it. Technically speaking.– Also, you don’t own a rented DVD, therefore you

cannot copy it!

• I have provided this information from an educational standpoint. If you

have any reasonable doubt that may not be within the lines of Fair Use,

PURCHASE the rights or find another way to convey your message. Do not regard this information as being an

equivalent to lawyerly advice.

Works Cited and Consulted• Recondomoe. FBI Warning. 30 Nov. 2008. 03 Dec. 2008

<http://www.myconfinedspace.com/2008/11/30/fbi-warning/>.• ”Copyright Basics." Copyright. July 2008. U.S. Copyright Office. 03

Dec. 2008 <http://www.copyright.gov/circs/circ1.pdf>. • "Glossary." Guides. 03 June 2008 . The U.S. Department of

Commerce’s United States Patent and Trademark Office . 03 Dec. 2008 <http://www.uspto.gov/main/glossary/index.html#t>.

• Pollick, Michael . "What is the Difference Between a Registered Trademark (®) and a Trademark (™)?.” 2008. wiseGEEK. 03 Dec. 2008 <http://www.wisegeek.com/what-is-the-difference-between-a-registered-trademark-and-a-trademark.htm>.

• Jacobi Jon, Don Labriola, and Justin Jaffe. "Can you legally copy DVDs?." CNET Reviews. 06 April 2004. CNET.com. 08 Dec. 2008 <http://reviews.cnet.com/4520-3513_7-5128652-1.html>.

Works Cited and Consulted• "Fair Use Of Copyrighted Materials." Fair Use. 30 Mar. 2005. University of Texas.

03 Dec. 2008 <http://www.utsystem.edu/ogc/intellectualproperty/copypol2.htm>.

• "Fair Use." Copyright. July 2006. U.S. Copyright Office. 03 Dec. 2008 <http://www.copyright.gov/fls/fl102.html>.

• "Unregistered Copyrights Lawyers & Legal Information." Legal Topics. 2008. Legal Match®. 04 Dec. 2008 <http://www.legalmatch.com/law-library/article/unregistered-copyrights.html>.

• Burgess, Deena. Are we losing our rights to unregistered copyrights?. 25 July 2008. 04 Dec. 2008 <http://blog.ebusinesslawgroup.com/2008/07/are-we-losing-our-common-law-copyrights.html>.

• burpboy. ”Monty Python and the Holy Grail, part 9." 20 June 2007. Online video clip. YouTube. Accessed on 08 Dec. 2008. <http://www.youtube.com/watch?v=39WAPHAhhKw>

• KronosFranco. ”Linkin Park – In The End.” 07 Sept. 2007. Online video clip. YouTube. Accessed on 08 Dec. 200 <http://www.youtube.com/watch?v=39WAPHAhhKw>

You are free:

to Share — to copy, distribute and transmit the work

to Remix — to adapt the work

Under the following conditions:

Attribution. You must give the original author credit.

Share Alike. If you alter, transform, or build upon this work, you may distribute the resulting work only under the same, similar or a compatible license.

Attribution-Share Alike 3.0 Unported

*Any of the above conditions can be waived if you get permission from the copyright holder.