Intellectual Property Overview
The type of protection to which your intellectual property is entitled depends on what you are trying to protect. Following is a brief overview of the types of protection available for intellectual property.
Copyright
Copyright protects "original works of authorship" that are “fixed” in a "tangible form of expression" (completed). In order for a work to receive copyright protection, it must contain originality, creativity and be memorialized. Examples of copyrightable material include literary, artistic, musical, pictorial and graphic works. Copyright does not protect ideas, slogans, titles, names or facts or pieces that consist entirely of works in the public domain. Copyright protection is automatic once the work is completed. However, registration of the work with the U.S. Copyright Office establishes a public record of the copyright claim, and is required before the author can file a copyright infringement lawsuit. Further, timely copyright registration may make attorney's fees and statutory damages available. Copyright protection lasts for the life of the author plus seventy (70) years. In cases of corporate authors, the term of copyright is ninety-five (95) years from the publication date or one hundred and twenty (120) years from the creation date, whichever is shorter.
Trademark
A trademark is something that is used to identify and distinguish the source of goods or services in the marketplace. Businesses can receive protection for their marks without state or federal registration merely by using the mark. However, to receive the maximum amount of protection available for a mark, a business should federally register it. Trademark rights exist as long as the mark is used properly. Most Federal registrations must be renewed five years after initial registration and then again every ten (10) years thereafter.
Rights of Publicity and Privacy
Rights of Publicity and Privacy protect each individual’s right to determine how their name, image or likeness is used for profit. Rights of publicity are enforced most frequently by celebrities who have or could capitalize on the use of their personality to endorse, sponsor or promote products or services. Rights of privacy are enforced most often by non-celebrities who also retain the right to control how their name, image or likeness is used for profit, but who often do not exercise these rights. Rights of publicity and privacy differ in the damage caused by the unauthorized use of one’s persona -- right of publicity infringement deprives the celebrity of the right to capitalize on their image, whereas an invasion of privacy harms the private individual’s dignity and peace of mind.
Trade Secret
A trade secret is a business secret that is valuable because it is not generally known, nor easily learned, by the general public. Trade secret protection exists as long as it is evident that the business secret is a trade secret and the business strives to maintain the secrecy. Trade secrets are generally protected by providing access to the trade secret only on a Aneed to know@ basis, and by having those exposed to the trade secret sign non-disclosure agreements and non-competition agreements.
Patent Pending
Two types of patents are granted by the United States Patent and Trademark Office, utility patents and design patents. A utility patent may be issued for any useful, new, novel and non-obvious machine, manufacture or process or for any improvement thereof. Design patents protect non-functional, ornamental features and configurations. A patent gives the patent owner the exclusive right to exclude others from the manufacture, sale, or use of the patented machine or process. The life of a utility patent is twenty (20) years from the date of the application. The term of a design patent is fourteen (14) years from the date of the Federal Grant.
