Intellectual Property and Copyright
What is it and why does it matter?
Intellectual Property
The expression of an idea
What is copyrightable expression? “ . . . original works of authorship, fixed in any
tangible mode of expression now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device.”
(US Copyright Act; italics mine) Examples:
poetry, prose, computer programming, artwork, musical notation, animations, video footage, a Web page, architectural drawings
A c-d ( a tangible thing that can be “read” by a machine)
What is NOT copyrightable expression? ideas principles processes
titles and short phrases
public domain works
These are NOT copyrightable because they are either not tangible, cannot be considered a “work,” or have passed into the public domain.
Is publication on the Internet a “tangible mode of expression?
Why does copyright exist?
The Constitution protects the rights of authors. (US Constitution, Article 1, Section 8).
Founding fathers intended to improve society through advancement of knowledge. “To promote the progress of science and useful arts
by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.” (US Constitution)
Copyright legislation
Congress enacted federal legislation under its constitutional grant of authority to protect the writings of authors.
Gives owner exclusive right to reproduce, distribute, perform, display, or license her work (US Copyright Act, 17 U.S.C., 106).
Copyright protection is automatic, today – the work does not have to be registered
Copyright
Copyright balances rights of copyright owners with rights of public for access to these expressions of knowledge
Copyright begins at moment of fixation in a tangible medium and, these days, ends 70 years after death of author.
Patents and Trademarks Patent is protection of discoveries of inventors,
under similar Constitutional grant of authority. Patent law is covered in Title 35 of U.S.C.
Trademark: a word, name, symbol, device, etc. used by its owner to identify or distinguish goods or services from those of others (unlike patents and copyrights) trademark rights do not end after a specific period of
time as do patent rights and copyrights
UT System Intellectual Property Policy Permits faculty ownership of scholarly,
artistic, literary, musical, and educational materials within the author’s field of expertise. In other words, faculty intellectual property
normally not considered work-for-hire, unless University has invested significant resources (potentially, on-line or distance courses).
University should negotiate a contract with author, if University wants to recover some expenses.
Does UT Policy extend to multi-media and distance-education materials? Yes! “Telecourse materials created by faculty . . .will be
treated as scholarly works and will belong to the author.” As long as University did not commission the work. As long as any student authors have given permission for use
of their work. And NO!
The Policy reserves for U.T a nonexclusive right “to recover its contribution . . . if the Univ. has contributed significant kinds or amounts of resources . . .”
Digital Millennium Copyright Act, 1998 Seeks to facilitate use of digital technologies
in distance-education and other knowledge-sharing situations.
Still seems to be lots of wiggle room for testing in the courts.
Copyright Resources UT System Intellectual Property Policy:
http://www.utsystem.edu/OGC/intellectualproperty/polguide.htm
UMI used to offer good information on copyright and scholarship. Not any more! The dissertation-publication service is now owned by Pro Quest Information and Learning: http://www.umi.com/
Best place to go for information Georgia Harper’s Crash Course on Copyright
http://www.utsystem.edu/OGC/intellectualproperty/cprtindx.htm#top
She’s with the University of Texas System, Office of Intellectual Property
