Introduction

• "Information wants to be free" - information is easy to copy and relatively easy to distribute
• "Information wants to be expensive" - information is valuable as a source of livelihood, compensation
• There are 4 basic categories of Intellectual Property: Copyright, Patents, Trade Marks, and Trade Secrets
• 'Cyberspace' is altering this system- for things to be put online they have to be 'copied' again and again. Can you copyright the 'look and feel' of a program?

Copyright

• Historical
• Prior to invention of printing, it was considered an honor if someone made a copy of your work! Why?
• Copyright was originally the right to make a copy bestowed by king, and becomes a right to keep other people from making copies
• Definition and theory
• 'designed to prevent others from copying creative expressions in tangible media, so that artists will have the incentive to share talent'
• it takes time, talent, and resources to create a something, and yet it can be easy to make a copy.
• covers expressions and not ideas
• covers right to reproduce, derive, distribute, perform, and display.
• Details
• Lasts the life of the 'author' plus 50 years [works for hire can last 100 years]
• automatically bestowed (based on 'Berne Convention')- still it is best to register important works
• works for hire- if you work for company, they get the copyright
• works for hire- if you simply have a contract with a company, you can keep copyright.
• becomes more complicated when shared creation

Patents

• Theory
• Provides exclusive use of an idea or process for a limited amount of time.
• 'Intended to achieve delicate balance, providing inventors sufficient incentives to undertake risk of development while returning inventions to the public domain, where free competition begins.
• Provides incentive to disclose details about process or idea
• Details
• Inventions last 17 years (designs last 14) from when applied

Trademark

• Theory
• Provides exclusive use of a (registered) name or mark. Unregistered names can be used in accordance with local laws.
• Promotes efficiency in distribution by developing trust.
• Details
• Lasts indefinitely.
• in Cyberspace, there have been real conflicts over defining 'infringement.' Example from class: roadrunner.com

Trade Secret

• Theory
• Provides framework for 'non-disclosure' agreements to keep things private.
• Protects valuable information that is not publicly known and is subject to measures to reserve secrecy
• Details
• If you reveal ideas without an agreement (say during a job interview), then other people can use those ideas without hiring you.