http://resources.lawinfo.com/en/Legal-FAQs/Intellectual-Property-Issues/index.html LawInfo - Legal Resource Center offers free legal forms and free legal documents that is designed to help consumers and businesses resolve their legal issues http://resources.lawinfo.com/en/Legal-FAQs/Intellectual-Property-Issues/Federal/what-is-intellectual-property-law.html Our legal system provides certain rights and protections for owners of property. The kind of property that results from the use of the mind in developing new ideas and products is called intellectual property. Intellectual property law is the area of the law that includes patent law, copyright law, trademark law and trade secret law. In addition, some aspects of other branches of the law, such as licensing and unfair competition are included within the area of intellectual property. Rights and protections for owners of intellectual property are based on federal patent, trademark and copyright laws and state trade secret laws. In general, patents protect inventions of tangible things; copyrights protect various forms of written and artistic expression; and trademarks protect a name or symbol that identifies the source of goods or services. The various intellectual property law specialties are related, often overlap and are frequently practiced together. Intellectual Property FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Intellectual-Property-Issues/Federal/can-intellectual-property-fall-into-more-than.html Sometimes you can have overlapping protection. For example, a floral sketch might be protected under copyright law. If embossed onto tableware, patent law may also protect it. During the creation of a computer program, it is probably protected as a trade secret. When it is finished and fixed in a tangible form, it is protected under copyright law. It may also be protected under patent law if the program exists as an integral part of a manufacturing process or machine. Intellectual Property FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Intellectual-Property-Issues/Federal/i-have-heard-it-said-that-intellectual-proper.html There are many legal texts that make this point. One might question the true accuracy of this statement; however, thinking in these terms can provide a helpful way to identify specific items of works that are protected by intellectual property law. Consider a couple of real life examples. For instances, a number of businesses may come up with the idea of making lightweight, pre­cooked, pre­packaged foods for camping and backpacking. It is the way each company expresses this idea, or achieves the end product, that is protected. Consider a group of photographers all working with the same subject matter (this is the idea) such as photographing a section of coastline. Even though they use the same subject matter, copyright law will protect each photographer`s work (the expression of the idea). Typically, none of the photographers will be allowed to claim protection for the idea of photographing the coastline. It is not the intention of the law to protect things that are part of the public domain or ideas that everyone has a right to use. However, if the subject matter consists of someone`s own creative work, then the subject would be protected because it is someone`s own expression of an idea. Intellectual Property FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Intellectual-Property-Issues/Federal/what-is-a-copyright.html Copyright is a form of protection provided to the authors of original works of authorship including literary, dramatic, musical, artistic, and certain other intellectual works, both published and unpublished. The 1976 Copyright Act generally gives the owner of copyright the exclusive right to reproduce the copyrighted work, to prepare derivative works, to distribute copies or phonorecords of the copyrighted work, to perform the copyrighted work publicly, or to display the copyrighted work publicly. The copyright protects the form of expression rather than the subject matter of the writing. For example, a description of a machine could be copyrighted, but this would only prevent others from copying the description; it would not prevent others from writing a description of their own or from making and using the machine. The Copyright Office of the Library of Congress registers copyrights. Intellectual Property FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Intellectual-Property-Issues/Federal/why-should-i-register-my-work-if-copyright-pr.html Registration is recommended for a number of reasons. Many choose to register their works because they wish to have the facts of their copyright on the public record and have a certificate of registration. Registered works may be eligible for statutory damages and attorney`s fees in successful litigation. Finally, if registration occurs within five years of publication, it is considered prima facie evidence in a court of law. Intellectual Property FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Intellectual-Property-Issues/Federal/how-do-i-register-my-copyright.html To register a work, you need to submit a completed application form, a non­refundable filing fee of $30, and a non­returnable copy or copies of the work to be registered to Copyright Office, Library of Congress, 101 Independence Avenue, S.E.,Washington, D.C. 20559­6000. Intellectual Property FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Intellectual-Property-Issues/Federal/what-is-the-telephone-number-for-the-u-s-copy.html The Public Information Office telephone number is (202) 707­3000. To order application forms, the number is (202) 707­9100. TTY is (202) 707­6737. Intellectual Property FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Intellectual-Property-Issues/Federal/what-is-the-mailing-address-for-the-u-s-copyr.html The mailing address is Copyright Office, Library of Congress, 101 Independence Avenue, S.E.,Washington, D.C. 20559­6000. Intellectual Property FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Intellectual-Property-Issues/Federal/what-are-the-visiting-address-and-hours-of-op.html The Copyright Office is located at 101 Independence Avenue, S.E., Washington, D.C., in the James Madison Memorial Building, Room LM­401, of the Library of Congress. Hours of service are 8:30 a.m. to 5:00 p.m. eastern time, Monday through Friday, except Federal holidays. The nearest Metro stop is Capitol South. Intellectual Property FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Intellectual-Property-Issues/Federal/where-can-i-get-application-forms.html You may get forms from the U.S. Copyright Office in person, by mailing in a request, by calling our 24­hours­per­day forms hotline: (202) 707­9100, or from the Copyright web site at http://www.uspto.gov. Some public libraries may carry our forms but the U.S. Copyright Offices does not maintain a list of those libraries. Forms may also be downloaded from LawInfo`s Legal Resource Center. Intellectual Property FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Intellectual-Property-Issues/Federal/how-long-does-the-registration-process-take.html The time the Copyright Office requires to process an application varies; depending on the amount of material the Office is receiving. You may generally expect a certificate of registration within approximately 8 months of submission. Intellectual Property FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Intellectual-Property-Issues/Federal/what-is-the-registration-fee.html The current filing fee is $30 per application. Generally, each work requires a separate application. Intellectual Property FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Intellectual-Property-Issues/Federal/can-i-make-copies-of-the-application-form.html Yes, you can make copies of copyright forms if they meet the following criteria: photocopied back to back and head to head on a single sheet of 8­1/2 by 11 inch white paper. In other words, your copy must look just like the original. Intellectual Property FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Intellectual-Property-Issues/Federal/what-is-a-deposit.html A deposit is usually one copy (if unpublished) or two copies (if published) of the work to be registered for copyright. In certain cases such as works of the visual arts, identifying material such as a photograph may be used instead. The deposit is sent with the application and fee and becomes the property of the Library of Congress. Intellectual Property FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Intellectual-Property-Issues/Federal/how-can-i-know-if-you-received-my-application.html If you want to know when the Copyright Office receives your material, you should send it by registered or certified mail and request a return receipt from the post office. Allow at least five weeks for the return of your receipt. Intellectual Property FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Intellectual-Property-Issues/Federal/can-i-find-out-what-is-happening-with-my-regi.html Copyright registration is effective on the day the U.S. Copyright Office receives the appropriate form, copy or copies of the work, and the $30 filing fee. The time the Copyright Office requires to process an application varies; depending on the amount of material the Office is receiving. You may generally expect a certificate of registration within approximately 8 months of submission. In the event further information is needed, a letter or telephone call from the U.S. Copyright Office will be received during this time period. Status information for submissions that were received less than eight months ago cannot be provided. If it is imperative that you have this information sooner, you may pay the appropriate fees and request that the Certifications and Documents Section conduct an in­process search. The current in­process search fee is $65 per hour. Intellectual Property FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Intellectual-Property-Issues/Federal/do-i-have-to-send-in-my-work-do-i-get-it-back.html Yes, you must send the required copy or copies of the work to be registered. These copies will not be returned. Upon their deposit in the Copyright Office, under sections 407 and 408 of the Copyright law, all copies, phonorecords, and identifying material, including those deposited in connection with claims that have been refused registration, are the property of the United States Government. Intellectual Property FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Intellectual-Property-Issues/Federal/may-i-register-more-than-one-work-on-the-same.html You may register unpublished works as a collection on one application with one title for the entire collection if certain conditions are met. It is not necessary to list the individual titles in your collection, although you may do so by completing a Continuation Sheet. Published works may only be registered as a collection if they were actually first published as a collection and if other requirements have been met. Intellectual Property FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Intellectual-Property-Issues/Federal/what-is-the-difference-between-form-pa-and-fo.html These forms are for registering two different types of copyrightable subject matter that may be embodied in a recording. Form PA is used for the registration of music and/or lyrics (as well as other works of the performing arts), even if your song is on a cassette. Form SR is used for registering the performance and production of a particular recording of sounds. Intellectual Property FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Intellectual-Property-Issues/Federal/do-i-have-to-renew-my-copyright.html No. Works created on or after January 1, 1978, are not subject to renewal registration (see Circular 15). As to works published or registered prior to January 1, 1978, renewal registration is optional after 28 years but does provide certain legal advantages. For information on how to file a renewal application as well as the legal benefit for doing so, contact the U.S. Copyright Office at (202) 707­6787. Intellectual Property FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Intellectual-Property-Issues/Federal/can-i-submit-my-manuscript-on-a-computer-disk.html No. There are many different software formats and the Copyright Office does not have the equipment to accommodate all of them. Therefore, the Copyright Office still generally requires a printed copy or audio recording of the work for deposit. Intellectual Property FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Intellectual-Property-Issues/Federal/can-i-submit-a-cd-rom-of-my-work.html Yes, you may. The deposit requirement consists of the best edition of the CD­ROM package of any work, including the accompanying operating software, instruction manual and a printed version, if included in the package. Intellectual Property FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Intellectual-Property-Issues/Federal/can-i-register-a-diary-i-found-in-my-grandmot.html You can register copyright in the diary only if you are the transferee (by will, by inheritance). Copyright is the right of the author of the work or the author`s heirs or assignees, not of the one who only owns or possesses the physical work itself. Intellectual Property FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Intellectual-Property-Issues/Federal/are-there-any-special-mailing-requirements.html The only requirement is that all three elements, the application, the copy or copies of the work, and the $30 filing fee, be sent in the same package. Many people send their material to us by certified mail, with a return receipt request, but this is not necessary. Intellectual Property FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Intellectual-Property-Issues/Federal/can-foreigners-register-their-works-in-the-u.html Any work that is protected by U.S. copyright law can be registered. This includes many works of foreign origin. All works that are unpublished, regardless of the nationality of the author, are protected in the United States. Works that are first published in the United States or in a country with which we have a copyright treaty or that are created by a citizen or domiciliary of a country with which we have a copyright treaty are also protected and may therefore be registered with the U.S. Copyright Office. See Circular 38a for the status of specific countries. Intellectual Property FAQs Mon, 04 Jun 2007 21:51:22 GMT http://resources.lawinfo.com/en/Legal-FAQs/Intellectual-Property-Issues/Federal/can-a-minor-claim-copyright.html Minors may claim copyright, and the Copyright Office does issue registrations to minors, but state laws may regulate the business dealings involving copyrights owned by minors. For information on relevant state laws, consult an attorney. Intellectual Property FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Intellectual-Property-Issues/Federal/when-will-i-get-my-certificate.html The time the Copyright Office requires to process an application varies; depending on the amount of material the Office is receiving. You may generally expect a certificate of registration within approximately 8 months of submission. Intellectual Property FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Intellectual-Property-Issues/Federal/what-does-a-copyright-protect.html Copyright, a form of intellectual property law, protects original works of authorship including literary, dramatic, musical, and artistic works such as poetry, novels, movies, songs, computer software and architecture. Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed. Intellectual Property FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Intellectual-Property-Issues/Federal/when-is-my-work-protected.html Your work is under copyright protection the moment it is created and fixed in a tangible form so that it is perceptible either directly or with the aid of a machine or device. Intellectual Property FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Intellectual-Property-Issues/Federal/can-i-receive-copies-of-my-application-and-my.html Contact the Certifications and Documents Section of the Copyright Office (202) 707­6787. Intellectual Property FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Intellectual-Property-Issues/Federal/how-can-i-obtain-copies-of-someone-elses-work.html The Copyright Office will not honor a request for a copy of someone else`s work without written authorization from the owner or from his or her designated agent if that work is still under copyright protection, unless the work is involved in litigation. Written permission from the copyright owner or a litigation statement is required before copies can be made available. A certificate of registration for any registered work can be obtained for a fee of $25. Intellectual Property FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Intellectual-Property-Issues/Federal/i-lost-my-certificate-can-i-get-a-new-one.html Yes, the U.S. Copyright Office can produce additional certificates for a fee of $25. Contact the Certifications and Documents Section of the Copyright Office (202) 707­6787. Intellectual Property FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Intellectual-Property-Issues/Federal/does-the-u-s-copyright-office-have-a-list-of.html No, the U.S. Copyright Office neither compiles nor maintains such a list. However, a search of the U.S. Copyright Office records may reveal whether a particular work has fallen into the public domain. The U.S. Copyright Office will conduct a search of its records by the title of a work, an author`s name, or a claimant`s name. The search fee is $65 per hour. You may also search the records in person without paying a fee. Contact the Certifications and Documents Section of the Copyright Office (202) 707­6787 for more details. Intellectual Property FAQs Mon, 04 Jun 2007 21:51:22 GMT http://resources.lawinfo.com/en/Legal-FAQs/Intellectual-Property-Issues/Federal/what-is-mandatory-deposit.html Copies of all works under copyright protection that have been published in the United States are required to be deposited with the Copyright Office within three months of the date of first publication. The deposit can be sent by mail to Copyright Office, Library of Congress, 101 Independence Avenue, S.E.,Washington, D.C. 20559­6000. Contact the Certifications and Documents Section of the Copyright Office (202) 707­6787 for more details. Intellectual Property FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Intellectual-Property-Issues/Federal/do-i-have-to-register-with-the-u-s-copyright.html No. In general, registration is voluntary. Copyright exists from the moment the work is created and fixed in a tangible medium. You will have to register, however, if you wish to bring a lawsuit for infringement of a U.S. work. Intellectual Property FAQs Mon, 04 Jun 2007 21:51:22 GMT http://resources.lawinfo.com/en/Legal-FAQs/Intellectual-Property-Issues/Federal/are-copyrights-transferable.html Yes. Like any other property, the owner may transfer all or part of the rights in a work to another. Intellectual Property FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Intellectual-Property-Issues/Federal/do-you-have-any-forms-for-transfer-of-copyrig.html There are no forms provided by the Copyright Office to affect a copyright transfer. The Office does, however, keep records of transfers if they are submitted to us. If you have executed a transfer and wish to record it, the Copyright Office can provide a Document Cover Sheet, which can help to expedite the processing of the recordation. See Circular 12. Intellectual Property FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Intellectual-Property-Issues/Federal/is-my-copyright-good-in-other-countries.html The United States has copyright relations with more than 100 countries throughout the world, and as a result of these agreements, we honor each other`s citizens` copyrights. However, the United States does not have such copyright relationships with every country. For a listing of countries and the nature of their copyright relations with the United States, see Circular 38a, International Copyright Relations of the United States. Intellectual Property FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Intellectual-Property-Issues/Federal/how-do-i-get-on-the-u-s-copyright-offices-mai.html The Copyright Office does not maintain a mailing list. The Copyright Office sends periodic e­mail messages via NewsNet (http://www.loc.gov/copyright/newsnet/), a free electronic mailing list. Important announcements and new or changed regulations and the like are published in the Federal Register at http://www.access.gpo.gov/nara/index.html#fr. Most will also appear on the Copyright Office website on the Internet. Intellectual Property FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Intellectual-Property-Issues/Federal/can-i-copyright-the-name-of-my-band.html No. Copyright law does not protect names. Some names may be protected under trademark law. Contact the U.S. Patent & Trademark Office (http://www.uspto.gov/), (800) 786­9199, for further information. Intellectual Property FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Intellectual-Property-Issues/Federal/how-do-i-copyright-a-name-title-slogan-or-log.html Copyright does not protect names, titles, slogans, or short phrases. In some cases, these things may be protected as trademarks. Contact the U.S. Patent & Trademark Office at (800) 786­9199 for further information. However, copyright protection may be available for logo artwork that contains sufficient authorship. In some circumstances, an artistic logo may also be protected as a trademark. Intellectual Property FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Intellectual-Property-Issues/Federal/how-do-i-protect-my-idea.html Copyright does not protect ideas, concepts, systems, or methods of doing something. You may express your ideas in writing or drawings and claim copyright in your description, but be aware that copyright will not protect the idea itself as revealed in your written or artistic work. Intellectual Property FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Intellectual-Property-Issues/Federal/what-is-a-copyright-notice-how-do-i-put-a-cop.html A copyright notice is an identifier placed on copies of the work to inform the world of copyright ownership. While use of a copyright notice was once required as a condition of copyright protection, it is now optional. Use of the notice is the responsibility of the copyright owner and does not require advance permission from, or registration with, the Copyright Office. Intellectual Property FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Intellectual-Property-Issues/Federal/who-is-an-author.html Under the copyright law, the creator of the original expression in a work is its author. The author is also the owner of copyright unless there is a written agreement by which the author assigns the copyright to another person or entity, such as a publisher. In cases of works made for hire (see Circular 9), the employer or commissioning party is considered to be the author. Intellectual Property FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Intellectual-Property-Issues/Federal/do-i-have-to-use-my-real-name-on-the-form-can.html There is no legal requirement that the author be identified by his or her real name on the application form. If filing under a fictitious name, check the Pseudonymous box at space 2. Intellectual Property FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Intellectual-Property-Issues/Federal/what-is-publication.html Publication has a technical meaning in copyright law. According to the statute, Publication is the distribution of copies or phonorecords of a work to the public by sale or other transfer of ownership, or by rental, lease, or lending. The offering to distribute copies or phonorecords to a group of persons for purposes of further distribution, public performance, or public display constitutes publication. A public performance or display of a work does not of itself constitute publication. Generally, publication occurs on the date on which copies of the work are first made available to the public. Intellectual Property FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Intellectual-Property-Issues/Federal/does-my-work-have-to-be-published-to-be-prote.html Publication is not necessary for copyright protection. Intellectual Property FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Intellectual-Property-Issues/Federal/how-do-i-get-my-work-published.html Publication occurs at the discretion and initiative of the copyright owner. The Copyright Office has no role in the publication process. Intellectual Property FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Intellectual-Property-Issues/Federal/how-much-of-someone-elses-work-can-i-use-with.html Under the fair use doctrine of the U.S. copyright statute, it is permissible to use limited portions of a work including quotes, for purposes such as commentary, criticism, news reporting, and scholarly reports. There are no legal rules permitting the use of a specific number of words, a certain number of musical notes, or percentages of a work. Whether a particular use qualifies as fair use depends on all the circumstances. Intellectual Property FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Intellectual-Property-Issues/Federal/how-much-do-i-have-to-change-in-my-own-work-t.html You may make a new claim in your work if the changes are substantial and creative­something more than just editorial changes or minor changes. This would qualify as a new derivative work. For instance, simply making spelling corrections throughout a work does not warrant a new registration­adding an additional chapter would. See Circular 14 for further information. Intellectual Property FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Intellectual-Property-Issues/Federal/how-much-do-i-have-to-change-in-order-to-clai.html Only the owner of copyright in a work has the right to prepare, or to authorize someone else to create a new version of that work. Accordingly, you cannot claim copyright to another`s work, no matter how much you change it, unless you have the owner`s consent. See Circular 14. Intellectual Property FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Intellectual-Property-Issues/Federal/how-do-i-get-my-work-into-the-library-of-cong.html Copies of works deposited for copyright registration or in fulfillment of the mandatory deposit requirement are available to the Library of Congress for its collections. The Library reserves the right to select or reject any published work for its permanent collections based on the research needs of Congress, the nation`s scholars, and of the nation`s libraries. If you would like further information on the Library`s selection policies, you may contact: Library of Congress, Collections Policy Office, 101 Independence Avenue, S.E., Washington, D.C. 20540. Intellectual Property FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Intellectual-Property-Issues/Federal/what-is-a-library-of-congress-number.html The Library of Congress Card Catalog Number is assigned by the Library at its discretion to assist librarians in acquiring and cataloging works. For further information call the Cataloging in Publication Division (http://lcweb3.loc.gov/cip) at (202) 707­6345. Intellectual Property FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Intellectual-Property-Issues/Federal/what-is-an-isbn-number.html The International Standard Book Number (ISBN) is administered by the R. R. Bowker Company 877­310­7333 [http://www.bowker.com]. The ISBN is a numerical identifier intended to assist the international community in identifying and ordering certain publications. Intellectual Property FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Intellectual-Property-Issues/Federal/what-is-a-work-made-for-hire.html Although the general rule is that the person who creates the work is its author, there is an exception to that principle; the exception is a work made for hire, which is a work prepared by an employee within the scope of his or her employment; or a work specially ordered or commissioned in certain specified circumstances. When a work qualifies as a work made for hire, the employer or commissioning party is considered to be the author. See Circular 9. Intellectual Property FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Intellectual-Property-Issues/Federal/how-do-i-collect-royalties.html The collection of royalties is usually a matter of private arrangements between an author and publisher or other users of the author`s work. The Copyright Office plays no role in the execution of contractual terms or business practices. There are copyright licensing organizations and publications rights clearinghouses that distribute royalties for their members. Intellectual Property FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Intellectual-Property-Issues/Federal/somebody-infringed-my-copyright-what-can-i-do.html A party may seek to protect his or her copyrights against unauthorized use by filing a civil lawsuit in Federal district court. If you believe that your copyright has been infringed, consult an attorney. In cases of willful infringement for profit, the U.S. Attorney may initiate a criminal investigation. Intellectual Property FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Intellectual-Property-Issues/Federal/what-is-works-made-for-hire-and-how-does-it-a.html Special laws govern the ownership of copyright materials that are created by individuals who work for your business. Works created in employment situations may be an exception to the usual rules of copyright ownership. These come under the category of works made for hire. There are two types of works made for hire: works prepared by an employee within the scope of employment and specially ordered or commissioned works. Works prepared by an employee within the normal course of employment means that the employer has control over the work being done. The employer also has control over the employee`s schedule, assignments, and salary. Lastly, the creator of the work must be receiving benefits similar to the other employees for his or her work to be considered to fit within this category. An example might be a regular employee who, among other duties, routinely creates artwork for your business`s product catalog, and this would be completed at the employee`s usual working location and within normal working hours. In these types of situations, the work created is the property of the business owner, and not the creator of the work. Written agreements are generally not necessary; however, employers sometimes have employees sign agreements establishing that the employer is the owner of the work rather than the employee. In addition, these agreements often include a clause that transfers ownership of any work completed by the employee to the employer in the event that it is ever determined that it was not created within the normal course of employment. When you hire someone specifically for the purpose of creating a work, or if the creation of this work would be considered outside the normal scope of employment, this would be considered a specially commissioned work. This represents the other situation where ownership of the work belongs to the commissioning party or employer rather than the creator of the work. However, a number of special conditions must be met for a work to qualify as a specially commissioned work. If you find yourself in these situations and you are not experienced in dealing with them, it may be in your best interest to consult with an attorney who is familiar with them. Intellectual Property FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Intellectual-Property-Issues/Federal/what-is-the-definition-of-an-independent-cont.html In determining the status of a worker as an independent contractor, the party in control of the actual work is key. An independent contractor has license to decide when and how he or she gets the job done not the employer. If needs be, an independent contractor can stay up all night to complete a contract. The laws that govern a full­time employee do not govern an independent contractor. They operate largely as a small business does and are able to claim tax concessions and benefit from the flexible working arrangement of the self employed. Intellectual Property FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Intellectual-Property-Issues/Federal/how-do-i-get-permission-to-use-somebody-elses.html You can ask for it. If you know who the copyright owner is, you may contact the owner directly. If you are not certain about the ownership or have other related questions, you may wish to request that the Copyright Office conduct a search of its records for a fee of $65 per hour. Intellectual Property FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Intellectual-Property-Issues/Federal/could-i-be-sued-for-using-somebody-elses-work.html If you use a copyrighted work without authorization, the owner may be entitled to bring an infringement action against you. There are circumstances under the fair use doctrine where a quote or a sample may be used without permission. However, in cases of doubt, the Copyright Office recommends that permission be obtained. Intellectual Property FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Intellectual-Property-Issues/Federal/what-is-a-patent.html A patent for an invention is the grant of a property right to the inventor, issued by the Patent and Trademark Office. The term of a new patent is 20 years from the date on which the application for the patent was filed in the United States or, in special cases, from the date an earlier related application was filed, subject to the payment of maintenance fees. US patent grants are effective only within the US, US territories, and US possessions. The right conferred by the patent grant is, in the language of the statute and of the grant itself, the right to exclude others from making, using, offering for sale, or selling the invention in the United States or importing the invention into the United States. What is granted is not the right to make, use, offer for sale, sell or import, but the right to exclude others from making, using, offering for sale, selling or importing the invention. Intellectual Property FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Intellectual-Property-Issues/Federal/i-would-like-to-apply-for-a-patent-and-would.html An applicant for a patent has the legal right to complete a patent application his or her self. However, it is important to consider that patent applications and the process they go through are often very complicated as compared to trademarks, or copyrights. In fact, only about 15% to 20% of the applications filed at the Patent Office are filed by the individual seeking the patent. An important criterion for obtaining a patent is that the invention must be novel in relation to any prior knowledge in that field of art, and it must not be obvious to others who work in that field of art. This makes it critical that an exhaustive patent search be conducted where the one conducting it must have a high level of expertise in that field of art or technology. This fact along with the high cost of the application process ($5,000­$30,000) puts very high stakes upon not making any mistakes or oversights. This is why most patents are processed by patent attorneys or other licensed patent specialists. Intellectual Property FAQs Mon, 04 Jun 2007 21:51:22 GMT http://resources.lawinfo.com/en/Legal-FAQs/Intellectual-Property-Issues/Federal/what-is-a-trademark.html A trademark can be any word(s), phrase, logo, art­design, that has been displayed with your product by a label or sticker fixed to the product, displayed on catalogs & promotional materials, or on business forms & stationary. Registration is not required, but federal registration may offer significant benefits. Rights are achieved by actually using the trademark in the usual course of marketing and selling the product. Trademarks are protected as long as they are in use. A federal registration is good for 10 years, but periodic proof of use is required. The fee for a federal registration is $325.00 per class. Determination of violation or infringement is based on whether the trademark of the infringing party is confusingly similar. Intellectual Property FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Intellectual-Property-Issues/Federal/how-do-trademarks-differ-from-copyrights.html The copyright laws protect original works of expression, but specifically do not protect names, titles or short phrases. This is where trademark protection comes in. Under state and federal laws, distinctive words, phrases, logos, symbols and slogans can qualify as trademarks or service marks if they are used to identify and distinguish a product or service in the marketplace. The trademark laws are often used in conjunction with the copyright laws to protect advertising copy. The trademark laws protect the product or service name and any slogans used in the advertising. The copyright laws protect any additional literal expression that the ad contains. Intellectual Property FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Intellectual-Property-Issues/Federal/what-types-of-trademarks-can-be-registered.html A trademark can be a name, symbol, logo, or device that is used to differentiate your product or service from that of someone else. Even color schemes, shapes, and sounds can be trademarked. The key is that your trademark must represent your business and its products, yet not be descriptive or something considered generic. A trademark that is simply descriptive (describes a generic class of the item) cannot be trademarked. The trademark must distinguish your item. For example, you cannot get a trademark for the phrase Rich Columbian Gourmet Coffee as part of your coffee house logo. This is simply descriptive of your coffee as well as many other businesses coffee. On the other hand, if you were the first to think of trade marking the Starbucks logo it could have been protected by trademark. Intellectual Property FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Intellectual-Property-Issues/Federal/what-is-the-difference-between-a-trademark-an.html A trademark is a word, name, symbol or device that is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others. A servicemark is the same as a trademark except that it identifies and distinguishes the source of a service rather than a product. The terms trademark and mark are commonly used to refer to both trademarks and servicemarks. Trademark rights may be used to prevent others from using a confusingly similar mark, but not to prevent others from making the same goods or from selling the same goods or services under a clearly different mark. Trademarks that are used in interstate or foreign commerce may be registered with the Patent and Trademark Office. Intellectual Property FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Intellectual-Property-Issues/Federal/since-i-have-used-the-same-trademark-for-many.html Your use of a trademark, even a registered one, does not protect it from being acquired by others as a domain name. First, let`s consider the relationship between trademarks and domain names. Trademarks, and your associated rights, are obtained through the actual use of your trademark, and those rights are accentuated when you obtain a federal registration. In contrast, domain names are obtained simply by applying to Network Solutions, Inc. (NSI) and they assign the domain name. Network Solutions, Inc. is a private company that provides this service. When you apply for a domain name, you are expected to have performed an adequate search of domain names and trademarks to assure that no one`s rights will be infringed upon. It can be important to know if, for example, someone is using the potential domain name as his/her trademark. If they are, it could be a source of problems in the future! One way a trademark can affect a person`s rights to a domain name is if it can be established that a registered trademark owner has a trademark consisting of the same name, and that it was in use prior to the assignment of domain name. In fact, the domain name need only comprise a significant component of the trademark. If this can be established, NSI will pull the domain name from use until a hearing can resolve the issue. If the trademark owner wants the domain name, and it is decided that the trademark owner had used it first, the domain name will be given to the trademark owner. This is why it is so important to conduct thorough research of a potential domain name prior to applying for it to make sure no one is using it. You can even go one step further by protecting your domain name the same way you protect your trademark. You simply make your domain name your trademark; however, the domain name/trademark must meet the same requirements as any other trademark. Many businesses are now benefiting from this approach. A number of authorities believe that this strategy provides about the best level of protection for a domain name. Obviously, this will be easiest for those newly acquiring a trademark and domain name. New businesses are in the best position to benefit from this type of approach. They may realize significant advantages if they pursue the registration of their trademark, domain name, and business name all at once. The research necessary for each often overlaps with the other. For example, it can be beneficial to conduct your research of trademarks and domain names at the same time. Not only does this approach save you a lot of research time it can also help to avoid future problems such as competing for the same name with other businesses Intellectual Property FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Intellectual-Property-Issues/Federal/should-i-be-concerned-about-copying-from-a-we.html It is important to remember that even though information and art is technically available for the taking, it is by no means legal to take it. You should consider anything on the Internet that represents someone`s expression of an idea, or expression of creativity, to be protected by copyright. However, facts or ideas are not protected. There are many web sites that offer much or all of their contents for free, and they often state that it is free for the taking. It is not required that a web site provide a statement saying that their site is copyright protected. In addition, it is very easy to ask permission from the source, and it is particularly easy on the Internet where you can often click on the Webmaster or the company email button to ask permission. The Internet has made it much easier to police copyright infringement and to possibly establish that something was not independently created. The high level of exposure of the Internet works both ways­it provides many more opportunities for illegal copying of materials, but it disseminates information so well that it may be difficult to claim you had never known about it in order to claim independent creation. Intellectual Property FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Intellectual-Property-Issues/Federal/what-is-trade-dress.html The laws of unfair trade can protect the overall distinctive look of a business or product. This overall distinctive look is referred to as trade dress. The overall look must be established through nonfunctional characteristics such as color, size, shape, etc. Protection and rights associated with trade dress begin once an acceptable overall distinctive look is achieved, and they last as long as the overall distinctive look is maintained. Trade Dress protection does not require any registration. Infringement occurs when another business significantly copies the overall distinctive look of your business by the use of confusingly similar nonfunctional characteristics. Intellectual Property FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Intellectual-Property-Issues/Federal/what-is-a-trade-secret.html A trade secret is any valuable business information that is not generally known but would be of benefit to a competitor. The information cannot be already in the public domain; it must have commercial value, and the owner must have made reasonable effort to maintain its secrecy. Protection for a trade secret is immediate, and registration is not required. Its protection lasts as long as reasonable efforts at secrecy are maintained. Lastly, violation or misappropriation occurs when someone illegally obtains, uses, or discloses the trade secret. Intellectual Property FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Intellectual-Property-Issues/Federal/how-do-i-maintain-the-confidentiality-of-my-t.html This may be conducted through a broad range of policies and procedures that need to be continually maintained. Many businesses have reported a tendency toward allowing their policies & procedures to lapse. Experts often recommend that businesses schedule annual reviews of their trade secrets & protection policies to prevent this from happening. Some of the possible procedures that help maintain the confidentiality of your trade secrets may include the use of confidentiality agreements for employees, vendors, contractors, and potential customers. In the case of employees, written agreements are usually not required. The courts often recognize an implied obligation for current and past employees­to not divulge trade secrets. However, the use of these agreements can help to impress upon employees that they have an obligation to maintain secrecy. Upon leaving your business, exit interviews with employees should include the discussion of maintaining trade secrets. Something similar should be conducted with vendors or anyone else who has had access to your trade secrets, but will now be moving on. Intellectual Property FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Intellectual-Property-Issues/Federal/what-is-a-certification-mark.html A certification mark is any word, name, symbol, device, or any combination, used, or intended to be used, in commerce with the owner`s permission by someone other than its owner, to certify regional or other geographic origin, material, mode of manufacture, quality, accuracy, or other characteristics of someone`s goods or services, or that the work or labor on the goods or services was performed by members of a union or other organization. Intellectual Property FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Intellectual-Property-Issues/Federal/what-is-a-collective-mark.html A collective mark is a trademark or service mark used, or intended to be used, in commerce, by the members of a cooperative, an association, or other collective group or organization, including a mark that indicates membership in a union, an association, or other organization. Intellectual Property FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Intellectual-Property-Issues/Federal/what-are-derivative-works.html Once an artist creates a work of art, it is automatically copyrighted even if it`s not registered. Registering the work, however, makes it so the artist can sue for copyright infringement and for statutory damages instead of just actual damages. The copyright on the work of art grants the artist certain exclusive rights, including the right to make new versions of the original work or to add artistic elements to past works. These new versions are called derivative works. The copyright laws also protect the artist from having his/her original work reproduced in a different media by another artist, without first obtaining permission from the artist who crafted the original works. Where it relates to music, derivative works is commonly defined as works that are based upon or use elements of the original, but incorporate new elements or changes. Intellectual Property FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Intellectual-Property-Issues/Federal/what-is-the-statute-of-limitation-for-copyrig.html Normally, it`s three years after the infringement occurred. However, there are exceptions to this rule. For example, if a situation occurs where the rightful owner of the copyright could not have discovered it until a time after the infringement occurred, then the statute of limitation would be from the date the rightful owner actually discovered the infringement or reasonably should have discovered it, whichever comes first. Another case where the three­year statute of limitation may not apply is if the act is on an ongoing basis. Example: someone uses a cartoon character that is copyrighted by a particular artist on sides of all their vehicles, on their office building and on all their marketing material for 5 or 10 years without getting the artist`s permission. This would be considered a single infringement act and the statute of limitations period won`t start to run until the continuing infringement ceases­in this case 10 years. Intellectual Property FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Entertainment-Law-Sports/index.html Free Entertainment Law FAQs Entertainment and Sports Sub-categories Mon, 30 Nov 2009 01:28:44 GMT