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RAUF LALA
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Intellectual Property: Copyright, Patent

and Trademark
General Property Vs. Intellectual Property
 Generally property is vested in a  On the other hand, intellectual
thing or in land. It is a thing that property, is intangible, it is not a
can be bought and sold, exchanged, thing.
traded, hired out.
 It cannot be held in the hand.
 It has to have these physical
properties.  Yet we know it as property

 It can then be protected by because it can be bought and


common law and by statute. sold, exchanged, traded, hired out.
 Its enjoyment can be guaranteed by  Intellectual property has these
custom. commercial characteristics, but
 Constitutions and other legal none of the physical attributes of
instruments can guarantee the ordinary, real or tangible property.
sanctity of such possessions.
Examples
It is vital to grasp this distinction because a book, a
blueprint, a sheet of music, or a CD is never literally
the subject of intellectual property laws — the
particular book, the particular sheet of music, the
particular CD, is not copyrighted.

It is the specific arrangement of words or notes upon a


page, which is copyrighted; it is the specific form of the
music on the CD or the radio show, which is
copyrighted.
Intellectual Property

Of course, intellectual property is always


attached to a physical thing; intellectual
property is always carried by something
with material qualities, but the intellectual
property itself is not the physical thing,
upon which, or in which, it is carried.
Intellectual Property

If you buy a book in a shop, if you buy a CD


in a shop, once you have paid your money
legal title to that particular object changes
hands — it becomes your book or your CD;
your possession and the private enjoyment of
it is protected by law and guaranteed by the
state.
Intellectual Property
However, you do not own the intellectual property
contained within the book or the CD.

The right to claim authorship, or the entirely separate


right, to reproduce or copy the book or CD, is not
yours — in the shop you bought the tangible thing, not
the intangible intellectual property.

So the purchase of some writing or music or movies for your


private enjoyment is sharply different from the purchase of the
copyright to that writing, music or film.
Intellectual Property

When somebody buys the copyright they


purchase the right to reproduce the specific
arrangement of words or notes upon a page;
they purchase the right to copy the particular
arrangement of sounds or images upon a disc.
Intellectual Property
However, they are not the outright owners of the
intellectual property because of what the lawyers call ‘moral
right’.

The sale of the copyright by an author to a publisher or a


distributor does not undermine or abolish the authors moral
right.

Thus the author remains the author whether she has sold
the copyright to her novel or her research paper or not.

She continues to have the right to be acknowledged as the


author and is protected from the mutilation or alteration of
her work by the publisher or distributor to whom she sold
the copyright.
Intellectual Property

So, the author always has moral rights in


relation to his creations. His play, his textbook,
his blueprints always remain his, even though
he may have sold the right to copy and
distribute his work to another person or
company.
Intellectual Property
So, intellectual property has this threefold aspect:

1. The moral right of the author to protect the


arrangement or form of his work and to be identified as
its creator.

2. The commercial right of the copyright-holder to


reproduce and distribute the work.

3.The right of those who have paid the copyright-holder


for permission to enjoy the work in private, or the
special right of those who have paid for permission use
the work in public performances.
Intellectual Property
Intellectual property exists in the form of
(1) patents,
(2) copyright, and
(3) trademarks and industrial designs.

These three different sorts of intellectual property are the


subject of different legal provisions, but my focus is going to
remain on copyright as the most common or widespread form
of intellectual property — and the one in which we are most
likely to encounter the law and the conflicts to which it gives
rise.
What is
Copyright?

The exclusive legal right to reproduce, publish,


sell, or distribute the matter and form of
something (as a literary, musical, or artistic
work).
No one else may use, copy or alter the work
without permission or under certain
circumstances (fair use).
Copyright is Automatic
 Since 1978 any new works created have
copyright protection as soon as they are in
tangible form.
 There is no need to include a copyright
notice. (©2003).
 However, it is a good idea to do so since
many do not know.
Do copyrights last forever?
 Work created after 1978 has copyright
protection until 70 years after the death of
the author
 Work created between 1923 and 1978 has
copyright protection for 95 years.
 Work created before 1923 is Public Domain
Why is copyright
important?

 The main motive for creative works (money)


disappears. If authors can not make a living writing,
most will not write. If a movie company can not
profit from a movie, they will hire fewer actors.
 If copyright exists but can not be enforced, the
above still happens eventually.
 The end result is less creative content and content
will not be as accessible.
How do I legally use copyrighted
material?

In education, we are not completely


restricted by copyright laws. "Fair
Use" allows for limited use of
copyrighted works for educational
and research purposes.
Fair Use Guidelines
 Cumulative portion limits: motion media - up to
10% or 3 minutes, whichever is less
 Text - up to 10% or 1000 words, whichever is
less
– poem - up to 250 words
 Music - up to 10% or 30 seconds, whichever is
less
 Photos and images - up to 5 works from one
author; up to 10% or 15 works, whichever is less,
from a collection
 If you need to use more material than Fair
Use allows, you MUST get permission from
the owner of the creative work.
 Failure to adhere to “Fair Use” or to obey
the copyright law is copyright infringement
Even if we use a part of a
copyrighted work through Fair Use
guidelines, we must still cite our
source.
Plagiarism
Using someone’s
work without giving
proper credit
I like the writing
in that paper. I
only wish more
of it had been
yours!
Copyright Infringement
vs. Plagiarism
 Copyright infringement is using someone
else's creative work, which can include a song, a
video, a movie clip, a piece of visual art, a
photograph, and other creative works, without
authorization or compensation, if compensation
is appropriate. (violation of the law)
 Plagiarism is using someone else's work
without giving proper credit - a failure to cite
adequately. (ethics violation)
Examples of Plagiarism

 Copying and pasting text from online


encyclopedias or any web site
 Copying another student’s test or homework
 Using photographs, video or audio without
permission or acknowledgement
 Using another student’s or your parents’
work and claiming it as your own even with
permission
 Getting a research paper, story, poem, or
article off the Internet
 Failing to put a quotation in quotation marks
Why is this important?
What if:
– Your architect cheated his way through
design class? Will your new home be
safe?
– Your doctor cheated his way through
surgical techniques class? Would he
remove your appendix or spleen?
– Your check out clerk cheated in math
class? Will he give you the right
change from your purchase?
How to Avoid Plagiarism
 If you have paraphrased
someone’s work,
(summarizing a passage in
your own words)-always give credit
 Take very good notes--write down the
source as you are taking notes. Do not
wait until later to try and retrieve the
original source
 Avoid using someone else’s work with
minor “cosmetic” changes
Know How to Paraphrase
 Paraphrasing means putting an
idea into your own words.
 Don’t just rearrange the
sentences or replace a few words.
 Be able to summarize the original
source without having it in front
of you.
Sample Paraphrasing

Original Passage
He was a very silent
man by custom.

Paraphrased Text
He was usually a
quiet person.
Paraphrase the Sentences

The adolescent maneuvered


the bi-wheeled vehicle
undamaged.
In the metropolis the
recreational area was
dilapidated.
The educator removed
the unruly student from
t the environment.
Credits
 Becker, Gary. Copyright. Report in “What is Copyright?” by Brenda Myers, 2000.

 Simpson, Carol. “Copyright 101.” Educational Leadership. January 2002.

 http://www.plagiarismchecker.com/plagiarism-vs-copyright.php

 http://www.haverford.edu/library/reference/rkieft/coprghtsum.html

 http://www.copyrightkids.org/cbasicsframes.htm

 http://www.ala.org/ala/issuesadvocacy/copyright/FairUsePoster.jpg

 http://www.businessandtaxlawyerblog.com/Copyright-Infringement.jpg

 http://3.bp.blogspot.com/-
47wMhCRpbq0/TZIdeBts0cI/AAAAAAAAATM/8zCasNW9i7Y/s1600/reference.gif

 http://rrhsstudentwiki.wikispaces.com/file/view/avoid_plagiarism.jpg

 http://www.loftgaycenter.org/images/legalclinic.jpg

 http://www.cbsnews.com/i/tim//2010/08/06/iStock_000006214643XSmall_370x278.jpg

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