Copyrights, Trademarks, Licensings, Patents PDF

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CopyrightsOriginal works of authorship (i. literary works, musical works, including words, motion pictures, etc.) Fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of mach...

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COPYRIGHTS, TRADEMARKS, LICENSINGS, PATENTS Monday, September 9, 2019

3:28 PM

Copyrights •

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Original works of authorship (i.e. literary works, musical works, including words, motion pictures, etc.) Fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of machine or device. Section 102- states the work must be original and have some creativity. Must be in a tangible form. A pitch can be protected under Cal. "Implied law" Facts cannot be copyrighted (i.e. titanic, Lincoln, 9/11) Titles cannot be copyrighted. Fictional characters - depends on how "well delineated" (i.e. James bond, batman). Derivative works- copyright holder of original work has exclusive rights to create derivative works. Author/ distributor - controls the first sale only - not the reselling of content (First Sale Doctrine) Joint works- share the copyright equally. (only need one person) (need to pay all equally) Work for hire- who pays for the rights and has the rights. Individual = lifetime + 70 years Company (work for hire) = 95 years from initial publication or 120 years from the works creation (whatever expires first). Copyright infringement (2 factors) - 1) access, 2) similarity between the original & subsequent works. Fair use - some reasons to use copyrighted material without permission (educational purposes parody) (Campbell vs Acuff-Rose Music) Compulsory Mechanical License 9section 115) - 3rd party have he rights to compel music authors to grant them a license to reproduce their previous published music and sell copies of the reproduction. Publisher must grant rights to use and must be notified (NOI) prior to distribution. It applies to the lyrics. Cost 9.1 cents or 1.75 cents per minute (whichever is greater). Doesn’t apply to dramatic work

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Doesn t apply to dramatic work. Only audio recording. Doesn’t apply if you want to use in a visual medium (i.e. tv or film) Cant change the music's basics melody or fundamental character. Sampling- two potential copyright infringements (master recording & composition) Mashups - blending multiple songs seamlessly. Should get permission from publisher (i.e. might be "fair use" - a different context) - still have to pay 9.1 cents to the publisher. Music publisher0 typically owns the copyright. Important licenses: Master Use License, Synch license, Blanket license, performance license (ASCAP, BMI, SESAC collect royalties), Grand Rights

International copyrights • • • • • • •

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Berne convention - an international agreement regarding copyrights. Signed by the U.S. in 1989. Any country that signed this agreement must meet the bare minimum regarding copyright length. Any of these countries may have longer copyright lengths for its own citizens (i.e. U.S. copyright law is longer. ) Copyrights begins when a work is first fixed in a tangible medium of expression; Formal registration is not required for someone to be a copyright owner; Copyright ownership must last no less than the life of the author plus 50 years, though in the case of filmed works the convention permits protection to last 50 years from initial distribution of the work. Each country that signed grants copyright holders the following: The rights to translate the work; The right to make reproductions; The right to publicly perform filmed works, musical works, or dramatic works that include music, such as plays and operas; The right to make adaptions; The right to recite written works in public. Fair use also applies to the agreement.

Trademarks (lanham act-1947) • •

Lanham act took effect in 1947 Protects slogans/phrase (i.e. the happiest place on earth), name, logo (i.e. company's identity), symbol (i.e. pictograph), image, domain name, etc.

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○ Renewed forever - every 10 years ○ Must renew in between 5th & 6th year 1dt time "declaration of use" Limits how or who can use a trademark. Initial trademark costs between $225 - $400. Madrid system - a primary int'l registration system. Likelihood for confusion - a similar trademark - due diligence is required by owner/producer. "knock offs"- counterfeiting of goods (stop production + fines) Dilution (tarnishes & offensive)- a similar trademark that dilutes the current trademark. Illegal use of a celebrity's image or name (goods - image/name)

Licensing program • • • • • • •

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Based on trademarks affiliate with an entertainment product & creates a variety of product categories leveraging the brand and principal characters. Some items: toys and games; apparel and accessories; publishing; computer/platform games, mobile, houseware, etc. Licensor needs to secure deals with licensees. Licensee need to secure deals with retail outlets in order to secure shelf placement. How much will a retailer support the campaign? - provide a special section? Depends on whether it is new or old. Timing - could take up to 2 years - because product development take a long time (i.e. outsourcing) plus shelf space needs to be secured. Licensor must create style guide includes logos and typefaces to be used, approve all artwork of body poses, approve trademark & copyright notices, approve peripherals (i.e. weapons, vehicles), etc. Style guide ensures brand consistency and quality control. A poor style guide can hurt a program. Licensed product- specific product (i.e. t-shirt) Licensed property - underlying rights (i.e. trademarks? Under which the products may be based.

Licensed rights and deals • • •

Licensed rights - exclusive or non-exclusive? Duration? Territory? Specific products (i.e. watches) = products exclusivity. At times, a licensor may have several retailers producing the same product like ts j cl i

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sports jerseys = non-exclusive Licensor often asks for a minimum guarantee. If the licensee meets the minimum guarantee, the ;licensor will often ask for royalty. Royalties are often paid on the wholesale price. Distribution fee = 30 - 50% - managing & selling multiple products, multiple timelines, QC.

Patent • • • • •

Duration: 20 years Two patents apply to the entertainment industry U.s. patents only protects the inventor in the u.s. & must apply to each territory. Design patents - a new design for a product can apply for a design patent. (i.e. george lucas- action figure) Utility patents - "any new and useful process, machine, article of manufacture, or composition of matter, or any mew and useful improvement thereof" can apply for a utility patent. (i.e. harry connick jr, - system and method for coordinating music display among players in an orchestra)....