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  1. 1. A copyright is a legal device that gives the creator of a literary, artistic, musical, or other creative work the sole right to publish and sell that work. Copyright owners have the right to control the reproduction of their work, including the right to receive payment for that reproduction. An author may grant or sell those rights to others, including publishers or recording companies. Violation of a copyright is called infringement. Copyright is distinct from other forms of creator protection such as Patents, which give inventors exclusive rights over use of their inventions, and Trademarks, which are legally protected words or symbols or certain other distinguishing features that represent products or services. Similarly, whereas a patent protects the application of an idea, and a trademark protects a device that indicates the provider of particular services or goods, copyright protects the expression of an idea. Whereas the operative notion in patents is novelty, so that a patent represents some invention that is new and has never been made before, the basic concept behind copyright is originality, so that a copyright represents something that has originated from a particular author and not from another. Copyrights, patents, and trademarks are all examples of what is known in the law as Intellectual Property. As the media on which artistic and intellectual works are recorded have changed with time, copyright protection has been extended from the printing of text to many other means of recording original expressions. Besides books, stories, periodicals, poems, and other printed literary works, copyright may protect computer programs; musical compositions; song lyrics; dramas; dramatico-musical compositions; pictorial, graphic, and sculptural works; architectural works; written directions for pantomimes and choreographic works; motion pictures and other audiovisual works; and sound recordings. on Legal monopoly that protects published or unpublished original work (for the duration of its author's life plus 50 years) from unauthorized duplication without due credit and compensation. Copyright covers not only books but also advertisements, articles, graphic designs, labels, letters (including emails), lyrics, maps, musical compositions, product designs, etc. According to the major international intellectual-propertyprotection treaties (Berne Convention, Universal Copyright Convention, and WIPO Copyright Treaty) five rights are associated with a copyright: the right to: (1) Reproduce the work in any form, language, or medium. (2) Adapt or derive more works from it. (3) Make and distribute its copies. (4) Perform it in public. (5) Display or exhibit it in public. To acquire a valid copyright, a work must have originality and some modicum of creativity. However, what is protected under copyright is the 'expression' or 'embodiment' of an idea, and not the idea itself. A copyright is not equivalent of legal-prohibition of plagiarism (which is an unethical and unprofessional conduct, but not an offense), and does not apply to factual information. Read more:
  2. 2. Who Owns the Copyright in a Work? The copyright in a work of authorship immediately becomes the property of the author who created it at the moment it is put into fixed form. No one but the author can claim copyright to the work, unless the author grants rights to others in a written agreement (such as to the author's publisher or record company). Usually, you can tell who the author of a work is -- the person who created it. But sometimes, it is not quite that easy. TRADEMARK A trademark is a device, word or combination of words, or symbol that indicates the source or ownership of a product or service. A trademark can be a name, such as Adidas, or a symbol, such as McDonald's golden arches, or it can be a combination of the two, such as when the NIKE name is written with the "swoosh" symbol beneath it. In very limited cases, a shape or even a distinctive color can become a trademark. People rely on trademarks to make informed decisions about the products they buy. A trademark acts as a guarantee of the quality and origin of a particular good. A competing manufacturer may not use another company's trademark. The owner of a trademark may challenge any use of the mark that infringes upon the owner's rights. The presence of trademark protection for the name or logo of a company or product is often indicated by the small symbol of an R in a circle placed near the trademark. The R means that the mark is a registered trademark and is a warning that the law prevents unauthorized use of it. A party may indicate that it is claiming rights to a particular mark by displaying a TM rather than an R symbol. Marks bearing the TM symbol are not registered, but the presence of the symbol shows an intent to register.
  3. 3. The U.S. patent system is designed to encourage inventions that are useful to society by granting inventors the absolute right to exclude all others from using or profiting from their invention for a limited time, in exchange for disclosing the details of the invention to the public. Once a patent has expired, the public then has the right to make, use, or sell the invention. Once a patent is granted, it is regarded as the Personal Property of the inventor. An inventor's property rights in an invention itself are freely transferable and assignable. Often employees who invent something in the course and scope of their employment transfer and assign their property rights in the invention to their employer. In addition, a patent holder, or patentee, can grant a license to another to use the invention in exchange for payment or a royalty. Inventors are not required to participate in the patent system, and they can elect instead to try to keep their invention a trade secret. However, if the inventor begins to sell his or her invention or allows the public to use it, others can study the invention and create impostor products. If this happens, the original inventor has no protection because he or she did not obtain a patent. There are three types of patents: (1) design patents, (2) plant patents, and (3) utility patents. Design patents are granted to protect a unique appearance or design of an article of manufacture, whether it is surface ornamentation or the overall configuration of an object. Plant patents are granted for the invention and asexual reproduction of a new and distinct variety of plant, including mutants and hybrids. Utility patents are perhaps the most familiar, applying to machines, chemicals, and processes.
  4. 4. ………. Intellectual property describes a wide variety of property created by musicians, authors, artists, and inventors. The law of intellectual property typically encompasses the areas of Copyright, Patents, and trademark law. It is intended largely to encourage the development of art, science, and information by granting certain property rights to all artists, which include inventors in the arts and the sciences. These rights allow artists to protect themselves from infringement, or the unauthorized use and misuse of their creations. Trademarks and service marks protect distinguishing features (such as names or package designs) that are associated with particular products or services and that indicate commercial source. Copyright laws have roots in eighteenth-century English Law. Comprehensive patent laws can be traced to seventeenth-century England, and they have been a part of U.S. law since the colonial period. The copyright and patent concepts were both included in the U.S. Constitution. Under Article I, Section 8, Clause 8, of the Constitution, "The Congress shall have Power … 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." The firsttrademark laws were passed by Congress in the late nineteenth century, and they derive their constitutional authority from the Commerce Clause. The bulk of intellectual Property Law is contained in federal statutes. Copyrights are protected by the Copyright Act (17 U.S.C.A. §§ 101 et seq. [1994]); patents are covered in the Patent Act (35 U.S.C.A. §§ 101 et seq. [1994]), and trademark protection is provided by the Lanham
  5. 5. Act (also known as the Trademark Act) (15 U.S.C.A. §§ 1501 et seq. [1994]). Many people tend to blend the issues, but these are very separate concepts. Plagiarism is an ethical concept based on community standards. In academic contexts it is perceived as a serious violation of academic honesty. Plagiarism can be intentional and unintentional. It is intentional when a writer seeks to deceive the audience by claiming work as one’s own production that was not created but stolen or “borrowed” from another, with little or no attribution of that fact, or “created” citations that are unrelated to the quotations. On the other hand, unintentional plagiarism can result from failing to cite or cite adequately a source or from a mis-use of the summary or paraphrase of a cited source. See At Concordia University Texas, we use primarily three citation styles: APA for science and social science research; MLA for literary research; and Chicago1
  6. 6. for historical or theological research. Check with your professors/instructors about which they prefer. In the “Research Guides and Tutorials” section of the CTX Library web page there are a variety of links to support all of these styles, or check at the links below: (for APA), (for MLA), or 0handout.pdf (for Chicago). Consequences are determined by the community (e.g., the CTX Student Handbook policies) and are influenced by factors such as intentionality, repetition, and intent to harm or cheat. Plagiarizing can lower your grade or even result in your being asked to leave CTX if repeated. Copyright is a legal concept to protect “original works of authorship fixed in a tangible medium of expression” in order to encourage the production of those works and at the same time
  7. 7. limiting those rights to allow the free flow of ideas in a way that benefits society. It is determined by legislative law and court rulings. It began as common law (customs of a society recognized and enforced by legal judgments and decrees) and has evolved over time into black letter law (general and accepted legal principles, enforced by the court and passed by legislatures). The most important copyright law is the 1976 law, which sets forth the rights of the rights holders of copyright: Five Pillars or rights of the Copyright Holder: 1) reproduction, 2) adaptation, 3) publication, 1 Turabian, an earlier and somewhat simplified version of Chicago, is also used by historians and theologians. Again, check with your instructors/professors. Here is a link to basic issues in Turabian: e.html4) performance, and 5) display.
  8. 8. These rights include both the right to do something (e.g., adapting a movie from a play) and preventing others from doing that act. A violation of any of the exclusive rights of the copyright holder is said to be a copyright infringement. To learn more about copyright: Consequences Violating copyright here or internationally (putting something under copyright on the Internet opens you to copyright laws in other countries, some of which are much more complex than ours) is a legal violation that may land you in court and can result in huge fines per infringement (one bad decision might include several infringements) and even jail time. Note also that copyright doesn’t cover every use of these items. There are societal benefits to limiting copyright, especially in academic and scholarly contexts. The main exemptions to copyright are fair use and the limits that allow items over time to be determined to be in the public domain.
  9. 9. Fair Use There are various times when the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research. Four factors must be “balanced” to determine whether or not a use is fair: 1. The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes 2. The nature of the copyrighted work 3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole 4. The effect of the use upon the potential market for, or value of, the copyrighted work That a use is “fair” can ultimately only be determined by the courts. However, if you can document with something like the fair use evaluator that your intent was to abide by these factors and you document that fact, it helps your claim. Note: citing a source, acknowledging
  10. 10. the source, of the copyrighted material does not replace or exempt you from obtaining permission. Need more help? Contact the Library at (512) 313-5050 | 02/2012 Concordia University Texas Library Public Domain A work of authorship is in the “public domain” if it is no longer under copyright protection or if it failed to meet the requirements for copyright protection. Works in the public domain may be used freely without the permission of the former copyright owner. See the “Is it under copyright?” slider. Common Student Copyright and Plagiarism Errors Thinking that if I can do it, that it is okay (copyright infringement): e.g., sharing of audio files that are under copyright via a computer network or the Internet without the permission of the rightsholder. e.g., scanning chapters of a library book to your email and then sharing them with other members of your class.
  11. 11. Thinking that if I’m given one kind of permission it is total permission (confusing copyright with plagiarism and vice versa): e.g., since something is in “the public domain” according to a web site and can be used without penalty, you don’t have to put the words in quotation marks or include a citation (public domain is copyright permission; citations fall under plagiarism). e.g. since you cited something, thinking that you have met the requirements of copyright (citations relate to plagiarism, not copyright)