Intellectual Property Copyrights Patents Trademarks and Trade Secrets

Intellectual Property: Copyrights, Patents, Trademarks, and Trade Secrets. Jonathan D’Silva MMI Intellectual Property 900 State Street, Suite 301 Erie, PA 16501 Office: 814 -459 -6055 Direct: 814 -459 -6056 jdsilva@mmiip. com www. mmiip. com

Copyright Notice Copyright © 2017 D’Silva Law Group, PLLC All Rights Reserved All materials contained herein are protected by United States copyright law and may not be reproduced, distributed, transmitted, displayed, published, or broadcast without the prior written permission of D’Silva Law Group, PLLC, d. b. a. MMI Intellectual Property. The information contained in this presentation is for informational purposes only. These materials should not be viewed or interpreted as providing legal advice. Please consult an attorney concerning your own situation. Use of this presentation or related content should not be construed as created an attorney-client relationship.

Copyrights

What is copyrightable? • Original • Works of authorship • Fixed in any tangible medium of expression

Original • Independently created (i. e. not copied) • Having some minimal degree of creativity • Only protects EXPRESSIONS • But NOT: • Facts • Scènes à faire (Incidents, characters, settings, or other elements that are indispensable or otherwise standard are not copyrightable. ) • Forms • Ideas

Works of Authorship • Literary works • Musical works, including any accompanying words • Dramatic works, including any accompanying music • Pantomimes and choreographic works • Pictorial, graphic, and sculptural works • Motion pictures and other audiovisual works • Sound recordings • Architectural works

“Fixed” • In a tangible medium of expression • Print • Clay • Screen • Electronic/magnetic storage • Transmitted • Any other means now in existence or later developed

Rights Granted Under Copyright • Owners of copyrighted works can: • Make copies. • Prepare derivative works (i. e. works that are based on one or more preexisting works, e. g. translations, modifications, musical arrangements, dramatizations, fictionalization, a movie version, abridgement, etc. ) • Distribute copies to the public by sale or other transfer of ownership, or by rental, lease, or lending. • Perform, display, or transmit the work publicly (if applicable).

Rights Granted Under Copyright • Authors can (independent of ownership): • Claim authorship of their work for attribution. • Prevent the use of their names as the author of any work they did not create. • Prevent the use of their names in any work that’s a distortion of their work. • Prevent any intentional distortion, mutilation, or other modification of their work. • Prevent any destruction of their work (if it has recognizable stature) or any intentional or grossly negligent destruction of their work.

Ownership • Generally: The author of the work is the owner. • Employers are considered authors of any work created by employees within the scope of their employment unless there is a written agreement to the contrary. • Independent contractors are not employees, so absent a contract to the contrary, they own the copyright to what they create.

Joint Ownership • Multiple owners may own a single work. • Each owner is a full owner of the whole work. • Each owner must account to the other owners for profits. • Owners may dispose of their interest independent of the other owners.

Term • Signed works created on or after January 1, 1978: Life of the Author + 70 years • Anonymous works/ works for hire / pseudonymous works: 95 years from publication or 120 years from creation (whichever comes first) • Joint works created on or after January 1, 1978: Life of the last surviving author + 70 years

Copyright Registration • Registration is NOT required to establish copyright • Registration is required for: • Establishing a presumption of ownership in a valid copyright • Asserting copyright infringement in Federal Court • Collection of statutory damages, attorney’s fees, and costs from infringers • International protection available under the Berne Convention – registration is NOT required.

Registration Costs • Electronic Registration (through Copyright Office Website): • $35 per work (single author, same claimant, one work, not for hire) • $55 per work (all other filings) • Paper Filings • $85 per work

Infringement • Court can order impounding of allegedly infringing articles. • If infringement is proved the court can order the destruction of infringing articles. • Copyright owner is entitled to recover either: • Actual damages and lost profits. • Statutory damages of not less than $750 or more than $30, 000 for each infringement. The court may treble this if willful infringement is found. • Court may award attorney’s fees and costs. • Criminal charges may also apply.

Defenses to Infringement • Independent creation • Authorized License • Mistake • Fair Use • Very limited!