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UNHI Creative Works Symposium Keynote: Creative Works

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UNHInnovation Creative Works Symposium: Creative Works
Presenter: Kim A.W. Peaslee, Upton & Hatfield

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UNHI Creative Works Symposium Keynote: Creative Works

  1. 1. University of New Hampshire April 29, 2015 with Kim Peaslee Intellectual Property Attorney
  2. 2. is a manifestation of creative effort having a degree of arbitrariness, such that it is improbable that two people would independently create the same work.
  3. 3. “THE LIFE OF THE ARTS, FAR FROM BEING AN INTERRUPTION, A DISTRACTION, IN THE LIFE OF A NATION, IS VERY CLOSE TO THE CENTER OF A NATION’S PURPOSE – AND IS A TEST OF THE QUALITY OF A NATION’S CIVILIZATION” – John F. Kennedy
  4. 4. “Creative” generally means “cultural expression,” but it can also include “intellectual invention.” Regardless, a Creative Economy consists of three main groups: 1) creators, 2) consumers, and 3) supporters.
  5. 5.  Creative Works Revenue Received FY10 – FY15  $740,000 of the $2.56M  ~29%  Creative Works Disclosures FY10 – FY15  74 out of 221  ~33%  Creative Works Licenses FY10 – FY15  158 of 492  ~32%
  6. 6.  Most recent data is from 2009  Relates only to cultural non-profits:  Employed 3000 people  Contributed $278 Million via direct and indirect methods  Does not include:  independent artists,  R&D,  for profit or educational cultural activities
  7. 7.  Most recent data is from 2012  Arts and Cultural Production  Contributed $700 Billion  ~ 4.3% of G.D.P.  Greater than the contribution from Construction  Greater than the contribution from Transportation and Warehousing
  8. 8.  ARTICLE 1, SECTION 8, CLAUSE 8  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  Genesis of copyright and patent law
  9. 9.  Patents ◦ Design ◦ Utility  Trademarks ◦ Trade Dress  Copyright  Trade Secrets
  10. 10.  Cost of protection  Benefits of protection ◦ Exclusivity ◦ Ability to generate revenue  Risks of not having protection ◦ no ability to cross license ◦ injunctions  Desired scope of protection ◦ Examine the likely forms of infringement  Personal beliefs
  11. 11. Example 1: Game of Thrones book
  12. 12.  Protects what an article looks like, not what it does (that is a utility patent)  New, non-obvious, ornamental designs of an article of manufacture (tangible and virtual (e.g. GUI))  Term of 15 years  Possible protectable elements:  Gears, buckles, rope binding, circular motif in center, …  Compare prior art and patent. What is different is what is protectable.
  13. 13.  Source identification - All about consumer protection  HBO has over 25 trademark applications either pending or registered for Game Of Thrones  Word mark and design  Multiple classes (e.g., from lip balm to entertainment services)  Likelihood of confusion
  14. 14.  protects original expressions of ideas once fixed in a tangible medium  Text (screen play, novel, etc.)  Cover art and other illustrations  Logos as ornamental designs  Paper sculptures  protects against copying, distribution, display, derivative works, etc.  Khalisi but not queen who raised three dragons
  15. 15. Example 2: Microsoft Windows product
  16. 16.  Protects what an article looks like, not what it does (that is a utility patent)  New, non-obvious, ornamental designs of an article of manufacture (tangible and virtual (e.g. GUI ))  Term of 15 years  Possible protectable elements:  animation, associated GUI, series of 2D slices  Compare prior art and patent. What is different is what is protectable.
  17. 17.  Source identification - all about consumer protection  Microsoft has over 40 trademark applications either pending or registered for “Windows”  Word mark, design, sounds (8), animation?  Multiple classes (e.g., from computer services to trade shows)  Likelihood of confusion  Trade Dress Limitations – functionality
  18. 18.  protects original expressions of ideas once fixed in a tangible medium  Software code, APIs(?)  Manuals  Logos as ornamental designs  copying, distribution, display, derivative works, etc.  Limitations – merger (functionality)
  19. 19.  There are many forms of Creative Works  There are many ways to protect and commercialize CWs  Today’s Topics: ◦ Copyright and Trademark Fundamentals ◦ Fair Use and Open Source ◦ The UNH IP Policy ◦ Deconstructing a Copyright (IP) License ◦ Commercialization of Creative Works
  20. 20. Please feel free to contact me with any questions. Kimberly A. W. Peaslee, Ph.D. kpeaslee@uptonhatfield.com (603) 224-7791 This presentation is for informational purposes only and does not in any way establish an attorney-client relationship between you and any attorney involved in preparing and/or making this presentation. Nothing contained in this presentation constitutes legal advice. Please consult a licensed attorney for specific legal advice relating to any or all of the subjects discussed herein. All of the information contained herein is subject to change at any time. Upton & Hatfield, LLP shall not be held liable for any losses or damages arising from the use of any information contained in this presentation.

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