4.3 Copyright, Trademark, and Intellectual Property

Intellectual property is a crucial aspect of PR ethics and legal considerations. Copyright, trademark, and patent laws protect creative works, brand identities, and inventions. Understanding these rights helps PR professionals navigate content creation and brand management responsibly.

Violations like infringement and plagiarism can damage reputations and lead to legal trouble. PR pros must know how to protect their clients' intellectual property and respect others' rights. This knowledge is essential for ethical and effective PR practices.

Types of Intellectual Property

Copyright

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• Protects original works of authorship fixed in a tangible medium of expression (literary, musical, dramatic, choreographic, pictorial, graphic, sculptural, audiovisual, and architectural works)
• Grants the creator exclusive rights to reproduce, distribute, perform, display, and create derivative works
• Copyright protection is automatic upon creation, but registration provides additional benefits (establishes a public record, allows for statutory damages and attorney's fees in infringement lawsuits)
• Copyright duration varies depending on the date of creation and authorship (generally life of the author plus 70 years for works created after 1978)

Trademark

• Protects words, names, symbols, or devices used to identify and distinguish goods or services from those of others
• Helps consumers identify the source of goods or services and prevents confusion in the marketplace
• Trademark rights are acquired through use in commerce, but registration provides additional benefits (presumption of ownership, constructive notice, and the ability to sue in federal court)
• Trademarks can last indefinitely as long as they are continuously used in commerce and properly maintained

Patent

• Grants inventors the right to exclude others from making, using, selling, or importing their invention for a limited period
• Three types of patents: utility patents (new and useful processes, machines, articles of manufacture, or compositions of matter), design patents (new, original, and ornamental designs), and plant patents (distinct and new varieties of plants)
• To obtain a patent, an invention must be novel, non-obvious, and useful
• Patent protection lasts for 20 years from the filing date for utility and plant patents, and 15 years from the grant date for design patents

Trade Secret

• Protects confidential business information that provides a competitive advantage (formulas, patterns, compilations, programs, devices, methods, techniques, or processes)
• To qualify as a trade secret, the information must derive independent economic value from not being generally known and must be subject to reasonable efforts to maintain its secrecy
• Trade secret protection lasts as long as the information remains secret and provides a competitive advantage
• Examples of trade secrets include customer lists, manufacturing processes (Coca-Cola's recipe), and algorithms (Google's search algorithm)

Intellectual Property Rights

Ownership and Licensing

• Intellectual property refers to creations of the mind, such as inventions, literary and artistic works, designs, and symbols, names, and images used in commerce
• Ownership of intellectual property grants the creator exclusive rights to use, reproduce, distribute, and create derivative works
• Licensing allows the owner to grant others permission to use their intellectual property in exchange for royalties or other compensation (software licenses, music licensing for radio play)

Public Domain and Creative Commons

• Public domain refers to works that are not protected by intellectual property rights, either because the rights have expired or been forfeited, or the works are ineligible for protection
• Works in the public domain can be freely used by anyone without permission or compensation (Shakespeare's plays, classical music compositions)
• Creative Commons is a nonprofit organization that provides a set of free, easy-to-use copyright licenses that allow creators to specify how their works can be used (Attribution, ShareAlike, NonCommercial, NoDerivatives)
• Creative Commons licenses help creators share their works while retaining some control over how they are used (Flickr photos, Wikipedia articles)

Digital Rights Management (DRM)

• DRM refers to technologies used to control access to and use of digital content, such as software, music, movies, and e-books
• DRM aims to prevent unauthorized copying, distribution, and modification of digital content (encryption, digital watermarks, access controls)
• Examples of DRM include Apple's FairPlay for iTunes music and movies, Adobe's Content Server for e-books, and Microsoft's PlayReady for Xbox games

Intellectual Property Violations

Infringement and Plagiarism

• Infringement occurs when someone uses intellectual property without the owner's permission or in a way that exceeds the scope of a license
• Examples of infringement include copying and distributing copyrighted works (music piracy), using a trademark in a way that causes confusion (counterfeit goods), and making or selling a patented invention without permission
• Plagiarism is a form of infringement that involves passing off someone else's work as one's own (copying text without attribution, using copyrighted images without permission)
• Plagiarism can occur in academic settings (student papers), as well as in professional contexts (journalism, research)

Brand Protection and Enforcement

• Brand protection involves monitoring the market for unauthorized use of trademarks and taking action to prevent infringement
• Strategies for brand protection include registering trademarks, using trademark symbols (®, ™), and actively enforcing rights through cease and desist letters and lawsuits
• Cease and desist letters are formal demands to stop infringing activity, often used as a first step in enforcing intellectual property rights (trademark infringement, copyright infringement)
• Fair use is a legal doctrine that allows limited use of copyrighted material without permission for purposes such as criticism, commentary, news reporting, teaching, scholarship, or research
• Factors considered in determining fair use include the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion used, and the effect of the use upon the potential market for or value of the copyrighted work (quoting a book in a book review, using clips from a movie in a classroom setting)