Patents, copyrights,

and creative credit

What is a patent?
➔ A patent is defined as a property right granted by the government of a nation
to an inventor giving him or her the exclusive right to the invention (which
can be a product or a process) for a limited term (time-limited monopoly.)
➔ Almost every country has its own patent system. An inventor must apply for
a patent in each country where he or she would like protection.
➔ In the U.S., a patent gives the right to exclude others from making, using,
selling, offering for sale, or importing the claimed invention into the U.S.
➔ Patents are granted in exchange for the inventor disclosing the details of the
invention to society for society’s ultimate benefit.
➔ A patent is personal property and may be sold, assigned, or licensed to
others. It may be mortgaged and even bequeathed by will.
➔ In the U.S., a patent is not automatically granted; the inventor must file an
application with the Patent and Trademark Office (USPTO) which carefully
examines whether the invention merits patent protection.
What is a Patent? (Video)

https://video.veinternational.org/embed/5f860209acf2800015468027
What is a copyright?

➔ A copyright is defined as an exclusive property right granted to the author of

an original literary, dramatic, musical, artistic, or other eligible creative work to
control for a limited-term how the work is published, reproduced, distributed,
performed, and displayed.
➔ There are some exceptions to exclusivity, such as for educational, religious,
and charitable purposes and comments, criticism, news reporting, teaching,
and research.
➔ A copyright is freely transferable, including sold, assigned, licensed,
mortgaged, or even bequeathed by will.
➔ Copyrights do not require publication or registration. Unlike patents,
copyrights in the U.S. are automatically granted to an author when the
work is fixed in a tangible medium (such as printed, painted, sculpted, or
recorded.)
Copyright
➔ What is not copyrightable?
◆ Ideas
◆ Items protectable under patent and trademark law
◆ Oral presentations, speeches, vocal performances and choreography
not reduced to tangible form
◆ Titles and symbols
➔ While registration is not required, copyrights can be registered by the Copyright
Office of the Library of Congress. Registration is highly recommended because:
◆ Registration is generally necessary before a copyright infringement suit may
be filed in court and before injunctions (court orders to stop current or
prevent future infringements) and monetary remedies can be obtained.
◆ Registration establishes a public record of the copyright claim and alerts
others not to unintentionally copy.
◆ If registration is made within five years of publication, it established sufficient
evidence in court (unless proven otherwise) of the validity of the copyright.
➔ Copyright protection lasts for a lifetime plus 70 years after the author’s death.
◆ After that time, it becomes “public domain”, available for the public to use
freely.
Creative Credit and Fair Use

● Creative Credit —>giving the owner of the original creation, credit,

and acknowledgment of their work
● “Fair use” is the ability to use a small amount of someone’s creative
work without permission, but only in certain ways including:
○ Educational use/research
○ Parody
○ Criticism
○ Commentary
○ News reporting

https://video.veinternational.org/embed/5f860372acf2800015468028