UNHI Creative Works Symposium Keynote: Creative Works
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Transcript of UNHI Creative Works Symposium Keynote: Creative Works
Creative Works
University of New Hampshire
April 29, 2015
with Kim PeasleeIntellectual Property Attorney
What is a creative work?
is a manifestation of creative effort having a degree of arbitrariness, such that it is improbable that two people would independently create the same work.
A creative work
Why are creative works important?
“THE LIFE OF THE ARTS, FAR FROM BEING
AN INTERRUPTION, A DISTRACTION, IN
THE LIFE OF A NATION, IS VERY CLOSE TO
THE CENTER OF A NATION’S PURPOSE –
AND IS A TEST OF THE QUALITY OF A
NATION’S CIVILIZATION” – John F. Kennedy
What is the creative economy?
“Creative” generally means “cultural expression,” but it can also include “intellectual invention.”
Regardless, a Creative Economy consists of three main groups:
1) creators,
2) consumers, and
3) supporters.
The Creative Economy
Creative Works Revenue Received FY10 – FY15
$740,000 of the $2.56M
~29%
Creative Works Disclosures FY10 – FY15
74 out of 221
~33%
Creative Works Licenses FY10 – FY15
158 of 492
~32%
Impact of Creative Works at U.N.H.
Most recent data is from 2009
Relates only to cultural non-profits:
Employed 3000 people
Contributed $278 Million via direct and indirect methods
Does not include:
independent artists,
R&D,
for profit or educational cultural activities
Impact of Creative Works on N.H.
Most recent data is from 2012
Arts and Cultural Production
Contributed $700 Billion
~ 4.3% of G.D.P.
Greater than the contribution from Construction
Greater than the contribution from Transportation and Warehousing
Impact of Creative Works on U.S.
ARTICLE 1, SECTION 8, CLAUSE 8
PROMOTE THE PROGRESS OF SCIENCE AND USEFUL ARTS, BY SECURING FOR LIMITED TIMES TO AUTHORS AND INVENTORS THE EXCLUSIVE RIGHT TO THEIR RESPECTIVE WRITINGS AND DISCOVERIES
Genesis of copyright and patent law
United States Constitution
Protecting Creative Works using overlapping forms of IP: Patents
◦Design
◦Utility
Trademarks
◦ Trade Dress
Copyright
Trade Secrets
Some factors used in deciding on an IP protection strategy:
Cost of protection
Benefits of protection
◦ Exclusivity
◦ Ability to generate revenue
Risks of not having protection
◦ no ability to cross license
◦ injunctions
Desired scope of protection
◦ Examine the likely forms of infringement
Personal beliefs
Example 1: Game of Thrones book
Design Patent Protects what an article looks like, not
what it does (that is a utility patent)
New, non-obvious, ornamental designs of an article of manufacture (tangible and virtual (e.g. GUI))
Term of 15 years
Possible protectable elements:
Gears, buckles, rope binding, circular motif in center, …
Compare prior art and patent. What is different is what is protectable.
Trademark Source identification - All about
consumer protection
HBO has over 25 trademark applications either pending or registered for Game Of Thrones
Word mark and design
Multiple classes (e.g., from lip balm to entertainment services)
Likelihood of confusion
Copyright protects original expressions of
ideas once fixed in a tangible medium
Text (screen play, novel, etc.)
Cover art and other illustrations
Logos as ornamental designs
Paper sculptures
protects against copying, distribution, display, derivative works, etc.
Khalisi but not queen who raised three dragons
Example 2: Microsoft Windows product
Design Patent Protects what an article looks like, not
what it does (that is a utility patent)
New, non-obvious, ornamental designs of an article of manufacture (tangible and virtual (e.g. GUI ))
Term of 15 years
Possible protectable elements:
animation, associated GUI, series of 2D slices
Compare prior art and patent. What is different is what is protectable.
Trademark Source identification - all about
consumer protection
Microsoft has over 40 trademark applications either pending or registered for “Windows”
Word mark, design, sounds (8), animation?
Multiple classes (e.g., from computer services to trade shows)
Likelihood of confusion
Trade Dress Limitations – functionality
Copyright protects original expressions of
ideas once fixed in a tangible medium
Software code, APIs(?)
Manuals
Logos as ornamental designs
copying, distribution, display, derivative works, etc.
Limitations – merger (functionality)
UNH INNOVATION’S CREATIVE WORKS SYMPOSIUM: Identify, Protect, Commercialize
There are many forms of Creative Works
There are many ways to protect and commercialize CWs
Today’s Topics:
◦ Copyright and Trademark Fundamentals
◦ Fair Use and Open Source
◦ The UNH IP Policy
◦ Deconstructing a Copyright (IP) License
◦ Commercialization of Creative Works
BE CREATIVE IN THE WAY YOU ENGAGE IN THE CREATIVE
ECONOMY…
BE A CREATOR.
BE A CONSUMER.
BE A SUPPORTER.
Thank you!Please feel free to contact me with any questions.
Kimberly A. W. Peaslee, [email protected]
(603) 224-7791
This presentation is for informational purposes only and does not in any way establish an attorney-client relationship between you and any attorney involved in preparing and/or making this presentation. Nothing contained in this presentation constitutes legal advice. Please consult a licensed attorney for specific legal advice relating to any or all of the subjects discussed herein. All of the information contained herein is subject to change at any time. Upton & Hatfield, LLP shall not be held liable for any losses or damages arising from the use of any information contained in this presentation.