Saturday, February 27, 2010

B.A.F.F.L.E.D. Law

Which One Do I Need?



As Americans, we are all easily bit by the entrepreneurial spirit. After all, this is the “land of opportunity”. Well, there are some important keys to getting your business started, especially when it comes to protecting your brand and controlling distribution of your goods.

Below are the 3 means of protection for intellectual property (creations of the mind). Now, maybe your business is not one of creative arts or technical production, but there are still some protective measures to take in this media-dependent society, with time lapses of sharing info getting shorter.

Check out these protective measures to get you started and keep you going!

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Copyrights
Copyrightable materials - an “original work of authorship” which contains a small portion of creativity
--Copyright holder has the exclusive right to do certain things with the work:
  • Reproduction
  • Distribution
  • Display
  • Public performance
  • Derivative works
  • Digital-audio Transmission

Copyrights are regulated through the United States Copyright Office
Trademarks and Patents are regulated through the United States Patent and Trademark Office

Trademarks
Trademarks have an indefinite duration of protection
  • Used to protect the products in the market as well as their producers
  • Used to prevent confusion and misappropriation
  • Regulation exists at the federal and state level
  • State Unfair Competition Laws
  • Federal Lanham Act

Patents
Patents create competitive advantage
--Can be licensed
--Grant of property rights to exclude others

Types of Patents
--Utility patents
  • For any process, machine, article of manufacture or composition of matter
--Design patents
  • For the visual ornamental characteristics embodied in, or applied to, an article of manufacture

Think about the type of business or ideas you have. Would one of these protections help your market advantage??

4 comments:

  1. Thanks for this. This is especially timely since stats show that during an economic recession where layoffs are happening left and right, starting your own business doesn't seem as risky of a venture anymore. Thanks for the post Ms. B.A.F.F.L.E.D.!

    ReplyDelete
  2. How do you feel about creative commons licensing? The flexibility, to me anyway, is an attractive feature, as you can build on collaborative efforts while still maintaining control over your work. US copyright law, since about the 60s, has been almost draconian in my view, with copyrights lasting almost into perpetuity (70 years after the death of an individual, 95 or 120 years for corporations). A lot of things (almost all things) are built ont he back of previous ideas, and U.S. copyright laws seem to heavily favor corporations, the moneyed, and large institutions.

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  3. Anonymous,
    I think creative commons licensing is a good option in some fields and not so good for others. However, I believe with the rate technology is advancing, and the easier it gets to send info from place to place (especially inconspicuously), it may be the only option for some creative art forms. Copyright law is definitely seen to be in the hands of the big wigs, but like the last revision to the law, some lobbying can bring change; the timing of the change, however, is the question.

    Thanks for reading!

    ReplyDelete

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