Intellectual Property Overview pg8

Information, despite being abstract, is something that can be owned.
Types of Information Owned:
- Includes photographs, music, textbooks, and cartoons.
- Result of a creative process that grants ownership to the creator (in the U.S. and much of the world).

There can be multiple forms of ownership regarding creative works:
- Example: Adele performing a song written by Paul Simon.
- Paul Simon owns the melody and lyrics (words and music).
- Adele owns the performance rights to her rendition.
In employment situations:
- Creations made while working for a company are typically owned by the company.
Distinction between intellectual property and tangible assets:
- Intellectual property includes all human-created works, while tangible assets include real estate, pets, cars, etc.

Common Misconception: When buying software, users think they purchase the software outright. Reality: Users mostly lease the software.
Legal Agreements:
- Users agree to various licenses by opening the package or downloading.
- Most do not read the terms.

Utilized by vendors to control usage rights of purchased products.
Techniques include:
- Product keys (alphanumeric serial numbers) to activate software.
Remarkable Fact: You leased the software, retaining no ownership—ownership lies with the marketing company.

Agreements determine user rights regarding software use:
- Generally allows use on at least one computer, potentially all computers owned.
- Users must verify specific license terms for installation limits.

Transfer Restrictions: Users cannot sell or give away commercial software without violating the licensing agreement.
Ownership Rights:
- The programmer retains ownership and copyright on their software (like a photographer selling prints).
- Copies can only be made and sold under permission from the creator.

A type of software distributed over the internet:
- Users can download free versions and share with friends.
- Allows users to try before paying, fostering ethical practice.
- Not paying for continued use leads to ethical violations, even if the initial download is free.

Definition: Software whose programming code is publicly available.
Example: Mozilla Firefox is open source.
- Users can install it without charge.
Business Model: Companies often create open source products to widely distribute technology, making profits through specialized versions, customer support, and interfacing products.
Advocacy: Open source allows collaborative improvements on software.
Encouragement to explore available open source programs.

Automatic Ownership: Creating a work (term paper, webpage, sculpture) grants the creator copyright.
- Ownership persists unless made as “work for hire” for a company.
Publishing Online: Posting creates a definitive form of publication; works found online are likely owned by someone.

Previously required: Including the phrase “© Copyright [Date] by [Author/Owner]. All Rights Reserved.”
Current Status: This is no longer required for works produced after March 1, 1989.

**Core Rights of Copyright:
- Copy the work.
- Create derivative works.
- Distribute/publish the work (electronically and otherwise).
- Publicly display or perform the work (for music, drama, etc.).
Important Note: Copyright is automatically granted upon completion of the work, no notice necessary.
Derivative Works: Creation using an existing work (e.g., modifying characters) is not permitted unless rights are owned.

Just because one owns a work, it doesn't preclude enjoyment and use:
- Reading, viewing, or printing published information is permitted.
Sharing URLs: Sharing links is allowed but not the content itself.

Copyright Policies: Many websites outline guidelines on usage.
Public Domain: Works that are free to use without restrictions, can be treated as privately owned.
Citing Sources: Certain permissions allow use with proper citation, retaining ownership while allowing usage.
Requesting Permission: If rights are reserved, permission must be sought from the owner for utilization.

Definition: A gray area allowing limited use of copyrighted materials without permission in certain contexts, including educational uses, criticism, or parody.
- Example: Quoting famous lines from films for educational purposes is permitted for fair use.

Key questions to assess fair use:
1. What is the intended use of the material?
2. What type of work is it used within?
3. How much of the work is utilized?
4. What effect does this use have on the market for the original work?

Fair use assessments can be subjective; potential confusion exists among users, lawyers, and judges.
Difficult discussions about fair use occurred during the 1997 Conference on Fair Use (CONFU).
Resource Recommendation: For guidance, consult the University of Maryland’s fair use guidelines.

Common Misunderstanding: Noncommercial use of copyrighted materials is permissible; it’s not true.
- Legal violations occur regardless of intent (commercial vs. non-commercial).
Potential Consequences: Fines up to $150,000 for infractions emphasize caution in using copyrighted materials.

Best advice: Create original intellectual property to avoid copyright issues.
Original works grant copyright protection immediately without requiring permission.

Important Fact: Facts cannot be copyrighted (e.g., “uncopyrightable” is a fact itself).

When seeking permission for copyright use:
- Specify requested works and intended use clearly.
- Templates are available online for assistance; resources like Columbia University Libraries can help.