A Guide for Authors, Adapters & Adopters of Openly Licensed Teaching and Learning Materials

Word Count: 17752

(Note: This resource's metadata has been created automatically by reformatting and/or combining the information that the author initially provided as part of a bulk import process.)

This lesson plan goes over the basics of intellectual property rights and laws that protect intellectual property. There are some links to real world examples in the presentation as well. This lesson plan includes a presentation, worksheet, and a key. 

This book is an introduction to intellectual property law, the set of private legal rights that allows individuals and corporations to control intangible creations and marks—from logos to novels to drug formulae—and the exceptions and limitations that define those rights. It focuses on the three graphmain forms of US federal intellectual property—trademark, copyright and patent—but many of the ideas discussed here apply far beyond those legal areas and far beyond the law of the United States.

The book is intended to be a textbook for the basic Intellectual Property class, but because it is an open coursebook, which can be freely edited and customized, it is also suitable for an undergraduate class, or for a business, library studies, communications or other graduate school class. Each chapter contains cases and secondary readings and a set of problems or role-playing exercises involving the material. The problems range from a video of the Napster oral argument to counseling clients about search engines and trademarks, applying the First Amendment to digital rights management and copyright or commenting on the Supreme Court's rulings on gene patents.

Introduction to Intellectual Property provides a clear, effective introduction to patents, copyright, trademarks, and trade secrets. The text may be used by students and instructors in formal courses, as well as those applying intellectual property considerations to entrepreneurship, marketing, law, computer science, engineering, design, or other fields. The luminaries involved with this project represent the forefront of knowledge and experience, and the material offers considerable examples and scenarios, as well as exercises and references.

Today, intellectual property (IP) scholars accept that IP as an approach to information production has serious limits. But what lies beyond IP? A new literature on “intellectual production without IP” (or “IP without IP”) has emerged to explore this question, but its examples and explanations have yet to convince skeptics. This Article reorients this new literature via a study of a hard case: a global influenza virus-sharing network that has for decades produced critically important information goods, at significant expense, and in a loose-knit group—all without recourse to IP. I analyze the Network as an example of “open science,” a mode of information production that differs strikingly from conventional IP, and yet that successfully produces important scientific goods in response to social need. The theory and example developed here refute the most powerful criticisms of the emerging “IP without IP” literature, and provide a stronger foundation for this important new field. Even where capital costs are high, creation without IP can be reasonably effective in social terms, if it can link sources of funding to reputational and evaluative feedback loops like those that characterize open science. It can also be sustained over time, even by loose-knit groups and where the stakes are high, because organizations and other forms of law can help to stabilize cooperation. I also show that contract law is well suited to modes of information production that rely upon a “supply side” rather than “demand side” model. In its most important instances, “order without IP” is not order without governance, nor order without law. Recognizing this can help us better ground this new field, and better study and support forms of knowledge production that deserve our attention, and that sometimes sustain our very lives.

This course focuses on the legal mechanisms to protect distinctive logos, slogans and other visual marks associated with products from unauthorized use by other parties. This is an introductory level course and no prior knowledge of intellectual property law or law in general is required.

The course opens with a discussion of what trademarks are and distinguishes them from other forms of intellectual property. We’ll also look at what constitutes a trademark and related phenomena such as service marks, trade names and trade dress. We will also look at the symbols that may be and typically are used to indicate claimed trademarks.

Module two focuses on securing trademark protection and looks at the federal agencies that enforce trademark law and the mechanisms by which one can register trademarks, and the costs associated with doing so. We will look at the various steps involved in registering a trademark and the steps that can be taken to appeal denials by the USPTO. Finally, we will look at the limited roles of state law and common law in trademark protection.

Module three focuses on the important “distinctiveness” requirement for trademark protection. We will look at the differences among descriptive, suggestive, arbitrary and fanciful marks. The module also covers cases that illustrate the nuances of the series of rules and how distinctiveness can be acquired or lost depending on how the marks are used in the context in which they are used.

Module four covers trademark enforcement. We will start with trademark searches, including how goods or services owners can determine whether phrases and marks are trademarked and the extent to which they can trademark their own. We’ll go through the various available databases and discuss steps that are important to maintain a trademark’s effectiveness. We will also cover transfers of trademark rights.

The final module looks at infringement. We will discuss various types of trademark dilution and then look at the important defense of fair use. Finally, the course ends with a discussion of the various remedies that are available once trademark infringement has been established.

Upon completion of this course, the viewer will be able to apply the basics of trademark law and will, hopefully, be encouraged to take advantage of our other courses in the intellectual property field.

This lesson introduces you to the basics of U.S. copyright protection. Copyright is a form of legal protection that allows authors and other creators to control their original, creative work.By the end, you will be able to distinguish between what qualifies for copyright protection and what does not, as well as define basic copyright terms such as public domain and derivative.The content in this lesson is organized using the 6 Ws, outlined below:Why does copyright protection exist?Whose work is protected by copyright?What can copyright holders do with their copyrights?Which works can be protected by copyright?When is a work protected by copyright?Where are copyrighted works protected?

This Intellectual Property Supplement from eLangdell Press contains the text of federal laws and regulations in the area of copyright, trademarks and patents. The editors have endeavored to gather all relevant laws, rules and regulations. This collection is intended to be used primarily as a statutory supplement for law students and legal scholars in academic settings, although practitioners in this area of law will also find it useful.This volume, Volume 1: Copyright Statutory Law contains the text of Title 17 of the United States Code as it appears on the most current edition available on the U.S. Government website FDSYS. Updates to the U.S. Code not yet found in the FDSYS published editions can be found in the United States House of Representatives Office of Law Revision Counsel's Classification Tables.

This Intellectual Property Supplement from eLangdell Press contains the text of federal laws and regulations in the area of copyright, trademarks and patents. The editors have endeavored to gather all relevant laws, rules and regulations. This collection is intended to be used primarily as a statutory supplement for law students and legal scholars in academic settings, although practitioners in this area of law will also find it useful.This volume, Volume 2: Patent Statutory Law contains the text of Title 35 of the United States Code as it appears on the most current edition available on the U.S. Government website FDSYS. Updates to the U.S. Code not yet found in the FDSYS published editions can be found in the United States House of Representatives Office of Law Revision Counsel's Classification Tables.

This Intellectual Property Supplement from eLangdell Press contains the text of federal laws and regulations in the area of copyright, trademarks and patents. The editors have endeavored to gather all relevant laws, rules and regulations. This collection is intended to be used primarily as a statutory supplement for law students and legal scholars in academic settings, although practitioners in this area of law will also find it useful.This volume, Volume III: Trademark Statutory Law contains Chapter 22 of Title 15 of the United States Code as it appears on the most current edition available on the U.S. Government website FDSYS. Updates to the U.S. Code not yet found in the FDSYS published editions can be found in the United States House of Representatives Office of Law Revision Counsel's Classification Tables.

Whose Book is it Anyway? is a provocative collection of essays that opens out the copyright debate to questions of open access, ethics, and creativity. It includes views – such as artist’s perspectives, writer’s perspectives, feminist, and international perspectives – that are too often marginalized or elided altogether.The diverse range of contributors take various approaches, from the scholarly and the essayistic to the graphic, to explore the future of publishing based on their experiences as publishers, artists, writers and academics. Considering issues such as intellectual property, copyright and comics, digital publishing and remixing, and what it means (not) to say one is an author, these vibrant essays urge us to view central aspects of writing and publishing in a new light.Whose Book is it Anyway? is a timely and varied collection of essays. It asks us to reconceive our understanding of publishing, copyright and open access, and it is essential reading for anyone invested in the future of publishing.