Hello!
This week I wrote an article on whether news is copyrighted material. Specifically, can the Associated Press claim copyright protection for factual information? The article is posted here. Please leave a comment!
Thursday, July 30, 2009
Tuesday, July 28, 2009
Copyright Office Forms
Hello:
This weekend I gave a presentation at the Synergy Club of Georgia on Protecting Business Intellectual Property Assets. The Synergy Club is an organization that provides much needed resources to women business owners. During the presentation I discussed the four main intellectual property assets a business can own: copyrights, trademarks, patents, and trade secrets.
The members of the club had great questions. I particularly received many questions regarding copyright registrations. One member asked a very good question concerning what is the appropriate copyright registration form to file for a sound recording. The copyright office has several paper forms for different types of works. They are as follows:
Form TX for literary works
Form VA for visual art works
Form PA for performing arts works (motion pictures, plays, dance performances, etc.)
Form SR for sound recordings, and
Form SE for single serials (periodicals, newspapers, magazines, newsletters, annuals, journals)
However, if a copyright registrant files their copyright application online using the Copyright's office eCO system using Form CO, a registrant can simply select any of the above categories as an option without filing separate and distinct applications.
Another advantage to filing the Form CO online is that the cost to file is $35 as opposed to $45 for paper applications.
As you can see, there are some advantages to using new technology...it is cheaper and more efficient!
I hope this information was helpful. I welcome your thoughts!
This weekend I gave a presentation at the Synergy Club of Georgia on Protecting Business Intellectual Property Assets. The Synergy Club is an organization that provides much needed resources to women business owners. During the presentation I discussed the four main intellectual property assets a business can own: copyrights, trademarks, patents, and trade secrets.
The members of the club had great questions. I particularly received many questions regarding copyright registrations. One member asked a very good question concerning what is the appropriate copyright registration form to file for a sound recording. The copyright office has several paper forms for different types of works. They are as follows:
Form TX for literary works
Form VA for visual art works
Form PA for performing arts works (motion pictures, plays, dance performances, etc.)
Form SR for sound recordings, and
Form SE for single serials (periodicals, newspapers, magazines, newsletters, annuals, journals)
However, if a copyright registrant files their copyright application online using the Copyright's office eCO system using Form CO, a registrant can simply select any of the above categories as an option without filing separate and distinct applications.
Another advantage to filing the Form CO online is that the cost to file is $35 as opposed to $45 for paper applications.
As you can see, there are some advantages to using new technology...it is cheaper and more efficient!
I hope this information was helpful. I welcome your thoughts!
Wednesday, July 15, 2009
Internet Webcasters Get A Small Break!
Hello:
This week I wrote an article for Black Web 2.0 discussing the legal battle concerning royalty rates between internet radio stations and the Copyright Royalty Board. Click here to read the full article.
This week I wrote an article for Black Web 2.0 discussing the legal battle concerning royalty rates between internet radio stations and the Copyright Royalty Board. Click here to read the full article.
Wednesday, July 8, 2009
Does Your Website have a Privacy Policy?
Hello!
As web 2.0 continues to expand, online privacy is becoming a major focus point for individual consumers and regulators. Specifically, there is concern about how personal information of users and visitors of social networks and blogs is gathered and used by owners of these sites. There are several bodies of rules and regulations that address this very issue. They are the Federal Trade Commission's rules on behavioral advertising, Communications Decency Privacy Act, European Union Directive on Data Protection and various state privacy laws.
An owner of a website should have a very clear and direct privacy policy that states the following:
1. what type of personal information is collected
2. what type of technology is used to collect information
3. how the website will use the information collected
4. who will receive the personal information collected
5. specific measures in place to protect personal information
6. if the website will not use personal information
7. if the user voluntarily shares their personal information to the public, then their is no expectation of privacy,
8. how one can opt out of their personal information being gathered and/or shared with third parties.
Having a privacy policy can minimize liability for invasion of privacy claims and ensure a website owner is compliant with all federal and state privacy laws. A privacy policy also protects the reader or user of the website. The consumer is informed about how their information is used and can dictate to website owners whether they want their information shared or not.
Having a privacy policy is just good business sense.
I welcome your thoughts!
As web 2.0 continues to expand, online privacy is becoming a major focus point for individual consumers and regulators. Specifically, there is concern about how personal information of users and visitors of social networks and blogs is gathered and used by owners of these sites. There are several bodies of rules and regulations that address this very issue. They are the Federal Trade Commission's rules on behavioral advertising, Communications Decency Privacy Act, European Union Directive on Data Protection and various state privacy laws.
An owner of a website should have a very clear and direct privacy policy that states the following:
1. what type of personal information is collected
2. what type of technology is used to collect information
3. how the website will use the information collected
4. who will receive the personal information collected
5. specific measures in place to protect personal information
6. if the website will not use personal information
7. if the user voluntarily shares their personal information to the public, then their is no expectation of privacy,
8. how one can opt out of their personal information being gathered and/or shared with third parties.
Having a privacy policy can minimize liability for invasion of privacy claims and ensure a website owner is compliant with all federal and state privacy laws. A privacy policy also protects the reader or user of the website. The consumer is informed about how their information is used and can dictate to website owners whether they want their information shared or not.
Having a privacy policy is just good business sense.
I welcome your thoughts!
Thursday, July 2, 2009
Trade Secrets: What Are They and How To Protect Them
Hello!
There are several forms of intellectual property that a business may own. They are trademarks, copyrights, patents, and trade secrets. On this blog I mainly discuss trademarks and copyrights. Recently, I have been advising clients on protecting valuable trade secrets. As a result, I am going to explain what are trade secrets and give practical tips on how to effectively protect them.
A trade secret is a formula, practice, process, design, instrument, pattern, or compilation of information which is not generally known or reasonably ascertainable to the public.
Some examples of trade secrets are:
1. Formula for the soft drink, Coca-Cola
2. Business processes
3. Marketing Strategies
4. Food Recipes
5. Computer Algorithms
In addition, the trade secret must be of an economic advantage over a business' competitors or customers. Lastly, the owner of the trade secret must take reasonable efforts to maintain its secrecy.
Reasonable efforts to protect a trade secret is key in maintaining intellectual property rights in the trade secret and in pursuing those who steal the trade secret for economic gain. Here are a few tips on how to protect trade secrets:
1. Require all employees, vendors, contractors, business partners, etc to sign non-disclosure/confidentiality agreements regarding the confidentiality of any trade secrets.
2. Implement adequate security measures to protect the secrecy of the trade secret. This may include keeping the trade secret under lock and key; using code words; restricting access to a select few individuals; restricting access to trade secrets by using programmable access passcards, computer fire walls, multiple level password protection, and secured intranets.
Once again, taking reasonable measures to protect trade secrets is key when pursuing a claim for "trade secret theft". If it is proven that the owner of the trade secret did not implement an adequate security system to protect trade secrets, then the trade secret loses its protection.
I welcome your thoughts!
There are several forms of intellectual property that a business may own. They are trademarks, copyrights, patents, and trade secrets. On this blog I mainly discuss trademarks and copyrights. Recently, I have been advising clients on protecting valuable trade secrets. As a result, I am going to explain what are trade secrets and give practical tips on how to effectively protect them.
A trade secret is a formula, practice, process, design, instrument, pattern, or compilation of information which is not generally known or reasonably ascertainable to the public.
Some examples of trade secrets are:
1. Formula for the soft drink, Coca-Cola
2. Business processes
3. Marketing Strategies
4. Food Recipes
5. Computer Algorithms
In addition, the trade secret must be of an economic advantage over a business' competitors or customers. Lastly, the owner of the trade secret must take reasonable efforts to maintain its secrecy.
Reasonable efforts to protect a trade secret is key in maintaining intellectual property rights in the trade secret and in pursuing those who steal the trade secret for economic gain. Here are a few tips on how to protect trade secrets:
1. Require all employees, vendors, contractors, business partners, etc to sign non-disclosure/confidentiality agreements regarding the confidentiality of any trade secrets.
2. Implement adequate security measures to protect the secrecy of the trade secret. This may include keeping the trade secret under lock and key; using code words; restricting access to a select few individuals; restricting access to trade secrets by using programmable access passcards, computer fire walls, multiple level password protection, and secured intranets.
Once again, taking reasonable measures to protect trade secrets is key when pursuing a claim for "trade secret theft". If it is proven that the owner of the trade secret did not implement an adequate security system to protect trade secrets, then the trade secret loses its protection.
I welcome your thoughts!
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