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amUX "Art, Design, and Intellectual Property Law: Legalities of the Creative Process"

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Art and design are hard work, and you want to make sure that your unique piece is safe. Nobody wants to be the next internet horror story who's had their work ripped off by [insert hip retailer here]. At this edition of amUX you'll hear from Lis Shepard on types of legal protection, how to choose what’s best for you, and what to do before and after launching a product.

• About the speaker
Lis Shepard is a technology attorney who draws upon her experience in patent, trademark, copyright, and licensing law to provide counsel on strategic intellectual property protection and commercialization. Her practice centers on advising clients, from solo artists to major international corporations, on how to navigate the murky legal landscape applicable to emerging technologies and collaborative business models. Lis is a registered patent attorney selected as "Legal Elite"​ by Georgia Trend Magazine and a Georgia Super Lawyers Rising Star.

Presented at amUX, March 2018 https://twitter.com/amuxatl

Published in: Law
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amUX "Art, Design, and Intellectual Property Law: Legalities of the Creative Process"

  1. 1. Art, Design, and Intellectual Property Law: Legalities of the Creative Process Elisabeth K. Shepard @elisabethk
  2. 2. When to care about IP When someone has ripped you off. When you are getting started. Anytime you sign a contract. When you sell your business. When you receive a cease and desist.
  3. 3. Where do I start? Copyrights Trademarks Trade Dress Patents
  4. 4. Louis Vuitton example
  5. 5. Louis Vuitton example Design Copyright Trade Marks
  6. 6. But what about UX?
  7. 7. Trademarks and Trade Dress ● Protects the distinctive image of the product including color, size,texture, graphics, etc. ○ The Look and Feel ● Could last forever ● Must be both distinctive and non-functional
  8. 8. ● Protects original works of authorship fixed in a tangible medium of expression ● Longer term than patents (life + 70 years) ● Registration not required, but beneficial and necessary for litigation Copyright
  9. 9. ● Sword – Not Shield - A patent is the right to exclude any one else from making, using, offering to sell, selling or importing the invention in the U.S. during the patent term ● Two main types Patents
  10. 10. ● Utility patents protect functionality ● Represents the vast majority of patents (90%+) ● Valid for 20 years ● Example: Pull to Refresh patent owned by Twitter Types of Patents Utility
  11. 11. ● Design protects appearance tied to “article of manufacture,” such as a screen ● Must be Non-functional (ornamental) ● Valid for 15 years ● Example: Home Screen design patent owned by Apple Types of Patents Design
  12. 12. UX Design Patents
  13. 13. Smart Phone Patent Wars SUE ALL THE THINGS!
  14. 14. BlackBerry v. Facebook
  15. 15. Summary: Acquiring Rights Trademarks & Trade Dress – by use in interstate commerce, then registration Copyright – by creating something “fixed,” then perfected by registration Patents – by application, examination, and grant
  16. 16. Summary: Protecting Rights Mark your packaging, advertising, marketing materials, and websites with appropriate IP notices. For example: Copyright notice for electronic and printed publications: © 2017 [COMPANY] Trademark notice for products, packaging, and other materials: [BRAND]® is a registered trademark of [COMPANY]. OR, if the mark is not registered: [BRAND]™ is a trademark of [COMPANY].
  17. 17. Thanks! @elisabethk

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