3. I filed my corporation so I own the name. Research and write 1 paragraph each (3 total) on (1) the difference between a company name, a fictitious name and a brand name (trademark) (2) difference between registering your company with the state and registering your trademark with the US Patent & Trademark Office and (3) description of a “trademark clearance search” and why it should be done before selecting a company name. End with a concluding statement about the myth vs reality.
PLEASE READ THE INSTRUCTIONS CAREFULLY
Assignment Instructions
Watch the lynda.com video, Intellectual Property Fundamentals. http://www.lynda.com/Business-Skills-tutorials/Intellectual-Property-Fundamentals/165636-2.html
Select one of the topics below and conduct the required research. Submit a Word/Pages document with at least 3 paragraphs of substantive comment as described below.
1. I thought of an idea so it is mine. Research and write 1 paragraph each (3 total) on (1) whether copyright protects an idea (2) how to protect an idea through use of contracts (3) an example and summary of a legal case involving alleged theft of an idea. End with a concluding statement about the myth vs reality.
2. I can make a funny version of a song or movie and it’s protected parody. Research and write 1 paragraph each (3 total) on (1) definitions of derivative work, parody and satire in the copyright context (2) what is the fair use defense and how a derivative work becomes “transformative” and (3) an example and summary of a legal case involving parody, such as Campbell v. Acuff-Rose Music, 510 U.S. 569 (1994). End with a concluding statement about the myth vs reality.
3. I filed my corporation so I own the name. Research and write 1 paragraph each (3 total) on (1) the difference between a company name, a fictitious name and a brand name (trademark) (2) difference between registering your company with the state and registering your trademark with the US Patent & Trademark Office and (3) description of a “trademark clearance search” and why it should be done before selecting a company name. End with a concluding statement about the myth vs reality.
4. I can get a copyright by mailing my work to myself. Research and write 1 paragraph each (3 total) on (1) how copyright is obtained on US works created in 1978 and later (2) whether you can send an unsealed envelope through the mail and how that might impact being able to use those mailings as evidence in a lawsuit (3) prerequisites for filing a copyright infringement lawsuit in federal court. End with a concluding statement about the myth vs reality.
5. If a work is online and doesn’t display a copyright symbol, I can use it. Research and write 1 paription and purpose of the copyright symbol , whether it is required to be used or not and definitions of “willful infringement” and “innocent infringement” (3) an example and summary of a legal case involving copyright infringement where damages for willful infringement were awarded, such as John Perez Graphics & Design, LLC v. Green Tree Investment Group, Inc., 2013 U.S. Dist. LEXIS 61928 (N.D. Tex. May 1, 2013). End with a concluding statement about the myth vs reality.
6. Businesses automatically own all intellectual property created by employees and contractors. Research and write 1 paragraph each (3 total) on (1) what is a “work made for hire” (2) what “shop rights” mean (hint: search “intellectual property shop rights”) (3) an example and summary of a legal case involving a struggle over who owns the rights to property created by an employee or contractor. End with a concluding statement about the myth vs reality.
7. If I pay someone to design a logo for me, I own it. Research and write 1 paragraph each (3 total) on (1) the difference between copyright and trademark (2) who owns a trademark and who owns a copyrighted work and (3) how to acquire all rights from a designer. End with a concluding statement about the myth vs reality.
8. If I give credit I don’t need permission. Research and write 1 paragraph each (3 total) on (1) definitions of “copyright” and “plagiarism”, (2) differences and similarities between copyright and plagiarism (3) an example and summary of a legal case involving copyright infringement such as Henry Holt & Co. v. Liggett & Myers Tobacco Co., 23 F.Supp. 302, 304 (D.C.Pa. 1938). End with a concluding statement about the myth vs reality.
9. A patent gives me the right to make, use and sell my invention. Research and write 1 paragraph each (3 total) on (1) the rights of a patent holder and how those rights can be infringed, (2) discussion of how to acquire a license to use someone else’s patented invention (3) how to patent an improvement to an existing invention. End with a concluding statement about the myth vs reality.
10. I can use material that is posted anonymously to an online discussion or news group. Research and write 1 paragraph each (3 total) on (1) how copyright is obtained on US works created in 1978 and later (2) how copyright works with respect to anonymous and pseudonymous works and (3) an example and summary of a legal situation involving “orphan works.” End with a concluding statement about the myth vs reality.
11. If I don’t make any money from my cover song, it isn’t infringement. Research and write 1 paragraph each (3 total) on (1) what is the copyright owner’s right of public performance and display (2) what is the difference between actual damages and statutory damages awarded for copyright infringement and (3) an example of summary of a legal situation involving cover songs on YouTube. End with a concluding statement about the myth vs reality.
12. I can sell t-shirts with phrases from famous movies Research and write 1 paragraph each (3 total) on (1) concepts that are and are NOT copyrightable, (2) trademark protection of catch phrases/slogans and (3) an example and summary of a legal case involving selling merchandise that incorporates a famous movie line, such as Universal City Studios, Inc. v. Kamar Indus., Inc., 217 U.S.P.Q. (BNA) 1162, 1164 (S.D. Tex. 1982) or Martin Luther King Jr. Center for Social Chance. v. American Heritage Products, Inc., 508 F. Supp. 854 (N.D. Ga 1981). End with a concluding statement about the myth vs reality.
Deliverables Due
- Word or Pages document featuring your research and conclusions.
- Add an appropriate copyright notice to your work; it should contain these elements: “Unpublished work Copyright [year] [yourname].”
- Include references in APA format.
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