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Copyright/Intellectual Property
Rights
Intellectual Property (IP) is attorney that specializes in patents and
trademarks is essential when naming your business and to protect your
brand identity.
A right that is had by a person or by a company to have
exclusive rights to use its own plans, ideas, or other intangible assets
without the worry of competition, at least for a specific period of time.
These rights can include copyrights, patents, trademarks, and trade
secrets.
Intellectual Property Rights vs Copyright
• Intellectual property rights refers to the general term for the
assignment of property rights through patents, copyrights and
trademarks. These property rights allow the holder to exercise a
monopoly on the use of the item for a specified period.
• Copyright is a legal means of protecting an author's work. It is a type
of intellectual property that provides exclusive publication,
distribution, and usage rights for the author. ... Therefore, any original
content published on the Web is protected by copyright law.
Trademark vs Copyright
• A trademark, trade mark, or trade-mark is a recognizable sign, design, or expression which
identifies products or services of a particular source from those of others, although
trademarks used to identify services are usually called service marks.
WHAT CAN BE TRADEMARKED?
• An original logo, symbol, phrase, word, and even a range of non-conventional elements
such as color, smell or sound are all eligible to trademark.
• Example of a trademarked color: Tiffany Blue
Example of a trademarked phrase: “Let’s Get Ready to Rumble!”
• Copyright is just one form of intellectual property. It is not the same as trademark, which
protects brand names, mottos, logos, and other source identifiers from being used by
others for certain purposes. It is also different from patent law, which protects inventions.
copyright and privacy
• Just because you appear in a video, image or audio recording does
not mean you own the copyright to it. For example, if your friend took
a picture of you, she would own the copyright to the image that she
took. If your friend, or someone else, uploaded a video, image or
recording of you without your permission, and you feel it violates
your privacy or safety, you may wish to file a privacy complaint.
Subject to Copyright
• Copyright ownership gives the owner the exclusive right to use the work,
with some exceptions. When a person creates an original work, fixed in a
tangible medium, he or she automatically owns copyright to the work.
Many types of works are eligible for copyright protection, for example:
• Audiovisual works, such as TV shows, movies, and online videos
• Sound recordings and musical compositions
• Written works, such as lectures, articles, books, and musical compositions
• Visual works, such as paintings, posters, and advertisements
• Video games and computer software
• Dramatic works, such as plays and musicals
Intellectual property in museums
• The traditional point of view of museums, no matter where they are
located, has been that IP, in particular copyright, has inhibited their ability
to carry out their mission and mandate. It is the general view that the IP
interests of third parties have prevented them from carrying out
reproduction for preservation purposes, reproduction and distribution for
educational purposes and reproduction and distribution as a means of
providing access to collections.
• IP may also hold the promise of developing sustainable cultural heritage
programming for museums.
• Art/artifacts, libraries, archives and museums to communicate their
scholarly content using electronic means is becoming ever more urgent.
Types of Intellectual Property and their
Characteristics
• Patents
• Copyright and Related Rights
• Trademarks, Service Marks and Trade Names
• Industrial Designs
• Trade Secrets
• Claims, Interests and Laws Concerning Traditional Knowledge and
Cultural Expressions
Copyrights
• ■ Photographic images of artifacts and artworks in museum
collections;
• ■ Audio recordings and publications, such as CDs;
• ■ Audio-visual works;
• ■ Multimedia productions whether on CD or available on the
Internet;
• ■ Publications, and educational material, whether in print or
electronic; and
• ■ Databases of information about collections.
Trademarks
• The museum’s name and any identifying logos or graphic work as a trade name or
trademark;
■ An artist’s name or signature as a trademark, with many prominent artists or
their foundations moving to register their names or protect their uses;
• ■ The building in which the museum is housed, particularly if it is highly
recognizable and sought after as a filming venue, such as, for example, the
Guggenheim Museum in New York;
• ■ Titles of exhibitions and programs, protectable as trademarks;
• ■ The packaging or color of museum-based objects, often sold in their gift shops,
as a form of trademark;60 and
• ■ Works of art as trademarks, where the work is inherently tied to the museum in
such a way that patrons will immediately be reminded of the institution or the
artwork when thinking of either.
Patents and Trade Secrets
• In collections, as initially identified with the arrival of the new
technologies;
• ■ In academic activities, such as in the contextualization of information
about collections, often written by the curators of the museum;
• ■ In technologies, such as specialized collections management methods
and technical applications; specialized html mark-up language for
museums; scientific conservation techniques; business methods
concerning various e-commerce capabilities associated with online retail;
and
• In the administration of the museum, such as its database of patrons,
donors and sponsors, its business practices and methods concerning fund-
raising; its organizational management structures, specific to non-profit
museums.
Domain Names and other forms of
Proprietary Identifiers Related to Social
Media
• domain names, the development and indeed, the popularity and
uptake of social media has created intellectual property and propriety
claims in Facebook pages, Twitter accounts, and even arguably in the
collages of images uploaded to Pinterest and other similar social
media sites. Of note is that as the Internet keeps developing,
intellectual property interests are evolving so that they are not as
regulated as they were, for example, in the registration and
management of domain names. Instead, each platform appears to
have its own regulatory or registration system that functions in a
proprietary way exclusively for that particular platform and defined by
its respective policies and guidelines.
Industrial Designs
• 1. Preserve their collections;
• 2. Educate the public about them; and
• 3. Provide the public with access to the collections.
•Thank you

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Copyright and Intelectual Property

  • 1.
  • 2. Copyright/Intellectual Property Rights Intellectual Property (IP) is attorney that specializes in patents and trademarks is essential when naming your business and to protect your brand identity. A right that is had by a person or by a company to have exclusive rights to use its own plans, ideas, or other intangible assets without the worry of competition, at least for a specific period of time. These rights can include copyrights, patents, trademarks, and trade secrets.
  • 3. Intellectual Property Rights vs Copyright • Intellectual property rights refers to the general term for the assignment of property rights through patents, copyrights and trademarks. These property rights allow the holder to exercise a monopoly on the use of the item for a specified period. • Copyright is a legal means of protecting an author's work. It is a type of intellectual property that provides exclusive publication, distribution, and usage rights for the author. ... Therefore, any original content published on the Web is protected by copyright law.
  • 4. Trademark vs Copyright • A trademark, trade mark, or trade-mark is a recognizable sign, design, or expression which identifies products or services of a particular source from those of others, although trademarks used to identify services are usually called service marks. WHAT CAN BE TRADEMARKED? • An original logo, symbol, phrase, word, and even a range of non-conventional elements such as color, smell or sound are all eligible to trademark. • Example of a trademarked color: Tiffany Blue Example of a trademarked phrase: “Let’s Get Ready to Rumble!” • Copyright is just one form of intellectual property. It is not the same as trademark, which protects brand names, mottos, logos, and other source identifiers from being used by others for certain purposes. It is also different from patent law, which protects inventions.
  • 5. copyright and privacy • Just because you appear in a video, image or audio recording does not mean you own the copyright to it. For example, if your friend took a picture of you, she would own the copyright to the image that she took. If your friend, or someone else, uploaded a video, image or recording of you without your permission, and you feel it violates your privacy or safety, you may wish to file a privacy complaint.
  • 6. Subject to Copyright • Copyright ownership gives the owner the exclusive right to use the work, with some exceptions. When a person creates an original work, fixed in a tangible medium, he or she automatically owns copyright to the work. Many types of works are eligible for copyright protection, for example: • Audiovisual works, such as TV shows, movies, and online videos • Sound recordings and musical compositions • Written works, such as lectures, articles, books, and musical compositions • Visual works, such as paintings, posters, and advertisements • Video games and computer software • Dramatic works, such as plays and musicals
  • 7. Intellectual property in museums • The traditional point of view of museums, no matter where they are located, has been that IP, in particular copyright, has inhibited their ability to carry out their mission and mandate. It is the general view that the IP interests of third parties have prevented them from carrying out reproduction for preservation purposes, reproduction and distribution for educational purposes and reproduction and distribution as a means of providing access to collections. • IP may also hold the promise of developing sustainable cultural heritage programming for museums. • Art/artifacts, libraries, archives and museums to communicate their scholarly content using electronic means is becoming ever more urgent.
  • 8. Types of Intellectual Property and their Characteristics • Patents • Copyright and Related Rights • Trademarks, Service Marks and Trade Names • Industrial Designs • Trade Secrets • Claims, Interests and Laws Concerning Traditional Knowledge and Cultural Expressions
  • 9. Copyrights • ■ Photographic images of artifacts and artworks in museum collections; • ■ Audio recordings and publications, such as CDs; • ■ Audio-visual works; • ■ Multimedia productions whether on CD or available on the Internet; • ■ Publications, and educational material, whether in print or electronic; and • ■ Databases of information about collections.
  • 10. Trademarks • The museum’s name and any identifying logos or graphic work as a trade name or trademark; ■ An artist’s name or signature as a trademark, with many prominent artists or their foundations moving to register their names or protect their uses; • ■ The building in which the museum is housed, particularly if it is highly recognizable and sought after as a filming venue, such as, for example, the Guggenheim Museum in New York; • ■ Titles of exhibitions and programs, protectable as trademarks; • ■ The packaging or color of museum-based objects, often sold in their gift shops, as a form of trademark;60 and • ■ Works of art as trademarks, where the work is inherently tied to the museum in such a way that patrons will immediately be reminded of the institution or the artwork when thinking of either.
  • 11. Patents and Trade Secrets • In collections, as initially identified with the arrival of the new technologies; • ■ In academic activities, such as in the contextualization of information about collections, often written by the curators of the museum; • ■ In technologies, such as specialized collections management methods and technical applications; specialized html mark-up language for museums; scientific conservation techniques; business methods concerning various e-commerce capabilities associated with online retail; and • In the administration of the museum, such as its database of patrons, donors and sponsors, its business practices and methods concerning fund- raising; its organizational management structures, specific to non-profit museums.
  • 12. Domain Names and other forms of Proprietary Identifiers Related to Social Media • domain names, the development and indeed, the popularity and uptake of social media has created intellectual property and propriety claims in Facebook pages, Twitter accounts, and even arguably in the collages of images uploaded to Pinterest and other similar social media sites. Of note is that as the Internet keeps developing, intellectual property interests are evolving so that they are not as regulated as they were, for example, in the registration and management of domain names. Instead, each platform appears to have its own regulatory or registration system that functions in a proprietary way exclusively for that particular platform and defined by its respective policies and guidelines.
  • 13. Industrial Designs • 1. Preserve their collections; • 2. Educate the public about them; and • 3. Provide the public with access to the collections.