Intellectual Property for Technical Communicators: A Primer  

This paper presents a high-level overview of intellectual property issues, such as how to deal with patents, copyrights, and trademarks in the United States (other countries have other laws; this information may not apply to them). Technical communicators deal with intellectual property, and the protection of intellectual property, in day-to-day work. We must therefore know the basic rules for protecting our company’s intellectual property interests, and must pay strict attention to dealing correctly with our and others’ intellectual property matters.

Delain, Nancy Baum. STC Proceedings (2001). Articles>Intellectual Property>TC

Intellectual Property Law Primer for Multimedia Developers

This primer will help you understand the legal issues in developing and distributing multimedia works. It is based on the Multimedia Law Handbook from Ladera Press, which has been endorsed by the Interactive Multimedia Association. This summary of the law should not be viewed as 'answering' most questions (the Multimedia Law Handbook discusses these issues in more detail in 340 pages and includes eighteen sample agreements to show how these issues are dealt within actual transactions; you can order the book by calling 800-523-3721). Legal matters in multimedia are frequently complex and you should not rely on the information in this primer alone. You should consult with experienced counsel before making any final decisions. Multimedia products require a knowledge of the four major forms of intellectual property as well as the laws governing rights of publicity, defamation and libel.

Brinson, J. Dianne and Mark F. Radcliffe. Timestream (1994). Articles>Intellectual Property>Copyright>Multimedia

Intellectual Property Rights for Digital Library and Hypertext Publishing Systems

Computers and the concomitant capability they have provided for making copyrighted works available in digital form in networked environments have created many new kinds of expressive opportunities. Computer technology together with communications technology has enabled authors to create digital libraries and hypertext publishing systems. Active development of such systems is now underway. While some difficult technical problems must be solved to build these systems, technical obstacles are thought to be surmountable. Less clear, however, is what kind of intellectual property scheme can be used to make digital library or hypertext publishing systems commercially viable.

Samuelson, Pamela and Robert J. Glushko. University of California Berkeley (1993). Articles>Intellectual Property>Copyright

International Issues in Copyright: Frequently Asked Questions  

The area of copyright can be confusing and presents numerous questions. Juillet provides answers to some common copyright questions, such as who holds the copyright in a work-for-hire situation and whether a copyright needs to be registered to have protection.

Juillet, Christopher. Intercom (2007). Articles>Intellectual Property>Copyright>International

Internet Technology and Intellectual Property  

This article outlines the complex legal environment surrounding the Internet, copyright law, and intellectual property.

Le Vie, Donald S., Jr. Intercom (2000). Articles>Technology>Intellectual Property

IRTC Copyright and Intellectual Property

This page is a list of links to sites that contain information about copyright.

Soltys, Keith. IRTC (2001). Articles>Intellectual Property>Copyright

Is Copyright Blind to the Visual?

This article argues that, with respect to the copyright protection of works of visual art, the general uneasiness that has always pervaded the relationship between copyright law and concepts of creativity produces three anomalous results. One of these is that copyright lacks much in the way of a central concept of 'visual art' and, to the extent that it embraces any concept of the 'visual', it is rooted in the rhetorical discourse of the Renaissance. This means that copyright is poorly equipped to deal with modern developments in the visual arts. Secondly, the pervasive effect of rhetorical discourse appears to have made it particularly difficult for copyright law to strike a meaningful balance between protecting creativity and permitting its use in further creative works. Thirdly, just when rhetorical discourse might have been useful in identifying the significance and materiality of the unique one-off work of visual art, copyright law chooses to ignore its implications.

Macmillan, Fiona. Visual Communication (2008). Articles>Intellectual Property>Copyright>Visual Rhetoric

Keyword or Trademark? Beware of PPC Poachers

When it comes to online advertising, one of the tools your competitor has may be your company's name, trademark or service mark. Google and Overture allow advertisers to purchase company and product names as keywords in pay-per-click campaigns. This allows companies to poach potential customers from their competition by having their ads appear whenever a consumer searches for a competitor by name.

Janisch, Troy. evolt (2005). Articles>Intellectual Property>Trademark

Knowing Your Rights  

The increasing popularity of Web publishing isn't just changing the way that intellectual property (creative works such as text, images, and even software) is distributed, it's also changing the way such work is bought, sold, licensed, and - in some cases 'borrowed.'

Roberts, Paul. Adobe Magazine (1998). Articles>Intellectual Property>Copyright

Legally Speaking: Did MGM Really Win the Grokster Case?  

MGM's media blitz has given the impression that the entertainment industry won an overwhelming and broad victory against peer to peer (p2p) file sharing and file sharing technologies when the Supreme Court announced its decision in the MGM v. Grokster case on June 27, 2005. MGM can, of course, point to the 9-0 vote that vacated the Ninth Circuit Court of Appeals' decision that Grokster could not be charged with contributory infringement because it qualified for a safe harbor established by the Supreme Court in 1984 in its Sony v. Universal decision (see my Legally Speaking column of June 2005). The safe harbor protects technology developers who know, or have reason to know, that their products are being widely used for infringing purposes, as long as the technologies have, or are capable of, substantial noninfringing uses (SNIUs). The Court in Grokster saw no need to revisit the Sony safe harbor. However, it directed the lower courts to consider whether Grokster actively induced users to infringe copyrights, a different legal theory.

Samuelson, Pamela. University of California Berkeley (2006). Articles>Intellectual Property>Copyright>History

Legally Speaking: Does Information Really Want To Be Licensed?  

Although Louisiana and Illinois once passed laws to validate software shrinkwrap licenses, neither statute survived closer review. In the Vault v. Quaid decision, federal judges refused to enforce the Louisiana law insofar as license terms interfered with consumer rights under federal copyright law. The Illinois software shrinkwrap license enforcement statute was subsequently repealed due to industry dissatisfaction with it.

Samuelson, Pamela. Communications of the ACM (1998). Articles>Intellectual Property>Contracts

A Manifesto on WIPO and the Future of Intellectual Property

Claims that there are systematic errors in contemporary intellectual property policy and that WIPO has an important role in helping to correct them.

Boyle, James. Duke Law and Technology Review. Articles>Intellectual Property

Marcos y Enlaces Profundos

Algunas de las prácticas tan normales y simples como las explicadas en este artículo, pueden llevar a infringir el Derecho de Autor.

Hassan Montero, Yusef. Nosolousabilidad.com (2002). (Spanish) Articles>Intellectual Property>Copyright

MGM v. Grokster: Implications for Educators and Writing Teachers

What are the implications of the MGM v. Grokster case for institutions of higher education in general, for research, for rhetoric and writing, and for writing teachers?

Porter, James E. and Martine Courant Rife. Michigan State University (2005). Articles>Intellectual Property>Copyright

Much Pain for Little Gain? A Critical View of Software Patents  

The question whether access to patent protection for computer software should be made easier (for example by removing the restrictions that would allow a classification of computer programs 'as such' as inventions) would be in the overall benefit has exercised policy makers for quite some time. 'Better protection' of software-related innovations (compared to copyright protection) as well as 'better disclosure' of the underlying ideas and principles have been cited as the main benefits. This paper takes a critical view of these arguments, taking into account that in many cases the underlying ideas and principles may be most effectively be protected as trade secrets (in combination with copyright protection of the 'expression', i.e. the computer program as it is made available to the user). Giving software producers the option to apply for patent protection may not make much difference in terms of the information generated for the benefit of other innovators. Patent protection may be most attractive for ideas and principles that are to a large extent obvious or become apparent to the user. This might lead to a raft of patents for rather obvious 'inventions' (even if patent office searches were improved and patent applications were assessed more rigorously), which might cause little benefit but much friction in the process of innovation.

Koboldt, Christian. JILT (2003). Articles>Intellectual Property>Patents>Software

New Media Economy: Intellectual Property and Cultural Insurrection  

The new media landscape has created tensions between content producers (scholars, computer programmers, and even the general public) and copyright holders (institutional publishers and entertainment corporations) who are increasingly engaged in a form of culture war over access to and dissemination of information. This paper explores the emerging culture war as a struggle over definitions of culture and rights. On the one hand there are those who accept the traditional bargain between creators and society (sharing information, publicity, and reputation) and on the other hand are those who seek proprietary rights (ownership of material and all accompanying rights). Further, the battle over the definitions of intellectual property and copyright is taking place in a number of separate arenas including the music industry, academic publishing and the software industry. In each of these arenas the challenge of intellectual property in the digital age is manifested in similar yet distinct ways.

Downes, Daniel M. Journal of Electronic Publishing (2006). Articles>Intellectual Property>Copyright

Nowhere to Hide  

To catch a thief, use the Web to track down plagiarism.

Fleishman, Glenn. Adobe Magazine (1999). Articles>Intellectual Property>Copyright>Plagiarism

On Author's Rights in Cyberspace: Are New International Rules Needed?

How will the availability of information over the Internet affect authors and their readers and publishers? Decisions over access to electronic information are being made on national and international levels with little regard for new technologies and their impact on new markets. New regulations may indeed only restrict access to information and impede the application of new technologies by authors and their audiences. Additionally, these legal solutions may only retard the development of more appropriate models for cyberspace.

Samuelson, Pamela. First Monday. Articles>Intellectual Property>Copyright

Open Source Licenses Are Not All the Same

One of the most significant developments in the software and web development community in the past few years has been the increased use of open source software. It's vital for any programmer, web designer, or other computer professional to understand that open source licenses are not all the same. The differences between licenses can have a big impact on how you may use or distribute the software.

Fishman, Stephen. O'Reilly and Associates (2004). Articles>Intellectual Property>Open Source

Ownership Issues in Copyright Law

Among the most commonly litigated issues in U.S. copyright law are those related to copyright ownership. When more than one person or entity is involved in the creative process, questions often arise about who owns the copyright in an original work, and the answers can have significant consequences. This article explains the importance of the 'work for hire' doctrine as well as the rules governing 'joint' copyright ownership.

Landau, Michael. GigaLaw.com (2000). Articles>Intellectual Property>Copyright

Paper Technical Communicators as Facilitators of Negotiation in Controversial Technology Transfer Cases    

When Monsanto attempted to release transgenic wheat in the upper Midwest of the US, localization efforts to accommodate stakeholders were unsuccessful. This paper explores this case briefly and suggests a new role for technical communicators as negotiators of technology.

Sullivan, Dale L. IEEE PCS (2005). Articles>Intellectual Property>Collaboration>Case Studies

Patents, Royalties, and Web Standards

We urge all ALA readers to examine the W3C Patent Policy draft, read The Web Standards Project’s opinion of same, and mail your comments to the W3C.

Zeldman, Jeffrey. List Apart, A (2001). Articles>Intellectual Property>Standards

Patterns for Success: A Lesson in Usable Design from U.S. Patent Records    

This article investigates the design history of certain published artifacts—women's household sewing patterns—as that history is recorded in U.S. Patent Records. When a patented item is a published artifact, the U.S. Patent Record may contain valuable information on the author's perception of users and analysis of solutions for usability problems. This case illustrates the evolution toward a single standard despite early proprietary design solutions.

Durack, Katherine T. Technical Communication Online (1997). Articles>Intellectual Property>Patents>History

Preserving the Positive Functions of the Public Domain In Science    

Science has advanced in part because data and scientific methodologies have traditionally not been subject to intellectual property protection. In recent years, intellectual property has played a greater role in scientific work. While intellectual property rights may have a positive role to play in some fields of science, so does the public domain. This paper will discuss some of the positive functions of the public domain and ways in which certain legal developments may negatively impact the public domain. It suggests some steps that scientists can take to preserve the positive functions of the public domain for science.

Samuelson, Pamela. Data Science Journal (2003). Articles>Intellectual Property>Copyright>Scientific Communication