This document provides an overview of intellectual property, including the main types (copyrights, trademarks, patents, and trade secrets). It focuses on explaining what copyrights are, how copyright protection works, and what qualifies as a work made for hire. Specifically, it notes that copyright protects original creative works, begins as soon as a work is created and fixed in a tangible form, typically lasts for the life of the creator plus 70 years, and that works made as part of employment are usually owned by the employer rather than the employee. It concludes by listing additional resources for intellectual property information and registration.

1. Intellectual Property 101
By Danielle LeFlore
Certified Paralegal
Intellectual property has the shelf life of a banana.
-Bill Gates

2. What is Intellectual Property?
Intellectual property refers to
anything created by the mind.

3. They don’t know you.
This includes:
Literary works
Inventions
Movies and photographs
Architectural designs
Choreography
What is intellectual property?

4. They don’t know you.
Copyrights
Trademarks and Service Marks
Patents
Trade Secrets
Types of Intellectual Property

5. They don’t know you.Types of Intellectual Property
Intellectual property can be owned, sold,
transferred, licensed or given away.

6. They don’t know you.
A copyright protects original works
of authorship such as novels,
screenplays, songs, musical scores
and photographs.
A copyright grants exclusive rights
and protections to the creator of an
original work.
What is a Copyright?

7. They don’t know you.What is a Copyright?
The work must be fixed in a
tangible form of expression, such
as paper, video or audio tape, film,
or computer hard drive for
copyright protection.
Copyright protection is regulated
by federal law.

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Copyright protection begins the moment
original work is created and fixed in a
tangible form.
Copyright Protection

9. They don’t know you.Copyright Protection
A copyright lasts for the life of the creator, plus 70
years after the creator’s death.
For work made for hire a copyright lasts for 95
years from its first publication or 120 years from its
first creation.

10. They don’t know you.Copyright Protection
To assert copyright protection
in the event of suspected
infringement--particularly in
the absence of registration
with the Library of Congress--
include a copyright notice on
the work.

11. They don’t know you.Copyright Protection
Examples:
© 2013 McKinney & Associates
Copyright 2013 McKinney & Associates

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Work made for hire is work created by an
employee within the scope of his or her
employment.
In most instances the employer is considered the copyright
owner, unless a separate agreement specifying otherwise
has been reached between the parties.
What is a Work Made for Hire?

13. They don’t know you.Work Made for Hire
Work such as a proposal, blog post, presentation or
work report created while employed at a company is
owned by the company, not the employee who
created the work.

14. They don’t know you.Additional Resources
United States Copyright Office (copyright
registration)
United States Patent and Trademark Office (for
patent and trademark registration)
Legal Information Institute, Cornell University
Law School (Title 17 of United States Code,
Copyrights)

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McKinney & Associates was founded in 1990 with a commitment to
social justice that has prevailed for more than 20 years. From the
beginning, McKinney passionately and skillfully practiced public relations
with a conscience for local, national and international organizations.
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