Copyright
Intellectual Property:
Breaking these words down into their individual components, intellectual is associated with ideas, invention, innovation, and identity; property is associated with ownership and assets. Intellectual property is the overarching term that refers to four items associated with the ownership of creative works or inventions: patents, trade secrets, copyrights, and trademarks.
Patent:
A patent is associated with invention and innovation. The inventor(s) must file an application with the government to get a patent. The product or process described in the application must never have been done nor written about prior to filing, it is not an obvious product or process, and the application must include full disclosure. If the process or product meets the criteria for a patent, the government issues a patent to the inventor(s) for a period of up to 20 years, and it gives the owners of the patent the right to exclude others from making the product or using the process as their own. It is essentially a contract with the U.S. government. The patent process can take up to five years, hiring a patent lawyer is highly recommended/necessary, which can make the patent process very expensive.
Trade Secret:
A trade secret is any information whose secrecy provides its owner or business with a competitive edge and economic benefit. Unlike a patent, there is no expiration date associated with a trade secret as long as the information remains secret, and there must be reasonable effort made to keep that information secret. Trade secrets can include inventions, devices, formulas, processes, customer lists, recipes, etc. There is no registration associated with trade secrets and they are not regulated by the U.S. government like a patent is. However, states do have laws that address the theft and/or the disclosure of a trade secret.
Copyright:
Copyright is associated with the creation and authorship of original works; and once that work is in a fixed and tangible form, copyright happens automatically. Copyright provides the owner/author with the exclusive right to print or publish, including permissions for use by others. Some of the most common copyrighted items include literary works, music, painting, sculptures, drawings, movies, and software. Registering a copyright with the U.S. Copyright Office is not mandatory, and doing so does not provide any extra rights past what happens automatically; however, if a copyright is registered, it is beneficial for the owner if he/she discovers an infringement and wants to file a lawsuit. Generally, a copyright is in effect for the lifetime of the author plus 70 years after death. To provide a balance with copyright restrictions, fair use allows copyrighted works to be used without permission for the purposes of education, critique, and commentary.
Trademark:
A trademark is any symbol, logo, word or phrase that identifies a company and its goods or services. Trademarks do not have to be registered with the U.S. government. If a trademark is not registered, then a business would use the ™ symbol. If a trademark is registered, then the ® symbol is used. Registering a trademark gives the company protection against other businesses using similar marks that could be confusing especially when they provide similar services.
Why is the understanding of intellectual property and copyright essential for instructional designers?
It is essential for instructional designers to have a basic, working understanding of intellectual property and copyright so that they not only design and develop effective and efficient instruction, but that they do it legally. When working as a team, every member must be aware of the basics associated with what is and is not permissible for use. When we think of intellectual property, which includes patents, trade secrets, copyright, and trademarks, we tend to think of only the restrictions and exclusions that are associated with each of them. However, having an understanding of what is permissible regarding each of those is also quite freeing. Knowing what can be used legally based on the Fair Use doctrine in Section 107 of the Copyright Act of 1976 allows instructional designers to provide that effective and efficient instruction for their clients or places of business with no fear of copyright infringement or the threat of legal action.
Breaking these words down into their individual components, intellectual is associated with ideas, invention, innovation, and identity; property is associated with ownership and assets. Intellectual property is the overarching term that refers to four items associated with the ownership of creative works or inventions: patents, trade secrets, copyrights, and trademarks.
Patent:
A patent is associated with invention and innovation. The inventor(s) must file an application with the government to get a patent. The product or process described in the application must never have been done nor written about prior to filing, it is not an obvious product or process, and the application must include full disclosure. If the process or product meets the criteria for a patent, the government issues a patent to the inventor(s) for a period of up to 20 years, and it gives the owners of the patent the right to exclude others from making the product or using the process as their own. It is essentially a contract with the U.S. government. The patent process can take up to five years, hiring a patent lawyer is highly recommended/necessary, which can make the patent process very expensive.
Trade Secret:
A trade secret is any information whose secrecy provides its owner or business with a competitive edge and economic benefit. Unlike a patent, there is no expiration date associated with a trade secret as long as the information remains secret, and there must be reasonable effort made to keep that information secret. Trade secrets can include inventions, devices, formulas, processes, customer lists, recipes, etc. There is no registration associated with trade secrets and they are not regulated by the U.S. government like a patent is. However, states do have laws that address the theft and/or the disclosure of a trade secret.
Copyright:
Copyright is associated with the creation and authorship of original works; and once that work is in a fixed and tangible form, copyright happens automatically. Copyright provides the owner/author with the exclusive right to print or publish, including permissions for use by others. Some of the most common copyrighted items include literary works, music, painting, sculptures, drawings, movies, and software. Registering a copyright with the U.S. Copyright Office is not mandatory, and doing so does not provide any extra rights past what happens automatically; however, if a copyright is registered, it is beneficial for the owner if he/she discovers an infringement and wants to file a lawsuit. Generally, a copyright is in effect for the lifetime of the author plus 70 years after death. To provide a balance with copyright restrictions, fair use allows copyrighted works to be used without permission for the purposes of education, critique, and commentary.
Trademark:
A trademark is any symbol, logo, word or phrase that identifies a company and its goods or services. Trademarks do not have to be registered with the U.S. government. If a trademark is not registered, then a business would use the ™ symbol. If a trademark is registered, then the ® symbol is used. Registering a trademark gives the company protection against other businesses using similar marks that could be confusing especially when they provide similar services.
Why is the understanding of intellectual property and copyright essential for instructional designers?
It is essential for instructional designers to have a basic, working understanding of intellectual property and copyright so that they not only design and develop effective and efficient instruction, but that they do it legally. When working as a team, every member must be aware of the basics associated with what is and is not permissible for use. When we think of intellectual property, which includes patents, trade secrets, copyright, and trademarks, we tend to think of only the restrictions and exclusions that are associated with each of them. However, having an understanding of what is permissible regarding each of those is also quite freeing. Knowing what can be used legally based on the Fair Use doctrine in Section 107 of the Copyright Act of 1976 allows instructional designers to provide that effective and efficient instruction for their clients or places of business with no fear of copyright infringement or the threat of legal action.