What is intellectual property?
Intellectual property is an umbrella term referring to commercially valuable creations of the mind. These creations include inventions, artwork, symbols, names, and designs. Intellectual property protection options include copyrights, trademarks, and patents. The appropriate protection option depends on the work itself. For example, a copyright may protect creative expression such as a painting, a book, or a jewelry design. A trademark may protect a word, logo, symbol, or design that identifies the creator of a product. What is a copyright?
Copyright is a form of protection grounded in the U.S. Constitution for original works of authorship fixed in a tangible medium of expression. Copyright protects, for example, literary, dramatic, musical, and artistic works, such as paintings, sculptures, poetry, novels, movies, songs, computer software, and architecture. In the United States, copyright protection automatically exists from the moment the work is created and lasts until 70 years after the death of the creator. Generally, the copyright owner has the exclusive right to and to authorize others to:
What is a derivative work?
A derivative work is a copyrightable creation, which is based on one or more existing works. Only the holder of the copyright of the original can produce or give permission to another to create the next version. A derivative work usually involves a transformation. The copyright owner may enter into an agreement with another individual and grant this person one or more of these rights. Although an agreement may be oral, there are inherent benefits to a written agreement. It’s up to the two parties to agree upon the details, for example, what rights to grant, what timeline is appropriate, and what, if any, fees to charge.
What is copyright infringement? |