#14739
Technical Writers and Patent Applications 
Worth examines the role of technical writers in the patent application process.
Worth, Carol. Intercom (2002). Careers>Writing>Intellectual Property
#27094
What kind of textual evidence do courts now look at in light of the recent Grokster decision? What place does technical communication have in recent P2P court decisions? After examining the evidence courts have used from the Sony case to the Grokster case, the author argues that since texts generated and researched by technical communication have surfaced in P2P contexts as important evidentiary objects in court rulings (Napster, Aimster, Grokster), the field and its allies would do well to take notice. Using a lens of activity theory, the author argues that technical communication as a field can control its own future and ability to innovate by reseeing the texts that it creates, texts that are collected by courts as objects influencing determinations of the presence of intent to infringe (the current standard of liability in P2P contexts). With respect to legal liability, the best technical writing might be writing that stays invisible.
Rife, Martine Courant. Social Science Research Network (2006). Articles>Intellectual Property>Copyright>Technical Writing
#22272
The Technology of Rights: Digital Rights Management
Very briefly, thin copyright usually refers to a minimalist approach to copyright, giving works only as much protection as is needed to encourage creativity but with a goal of making works readily available to the public. Thick copyright is a more maximalist approach, and crudely put the goal of thick copyright is generally to maximize profits. We appear to be moving toward thick copyright, not only in this county but around the world in general. This movement is being spearheaded, as you might expect, by companies whose main product is in the form of intellectual property, such as books, movies and music. But there is yet another trend relating to the protection of intellectual property and that is the creation of technological controls to protect digital works. This is referred to as Digital Rights Management, or DRM. DRM is not a single technology and it is not even a single philosophy. It refers to a broad range of technologies and standards, many of which are still in the planning and development stage. DRM is not thin copyright, and it isn't even thick copyright; DRM is potentially a nearly absolute protection of works.
Coyle, Karen. Karen Coyle (2003). Articles>Intellectual Property>Copyright
#10595
Ten Copyright Permission Myths 
Is it OK to copy something if it doesn't have a copyright notice on it? What if only a small portion is copied, or if credit is given to the original creator? This article provides the sometimes-surprising truths behind these and many other common copyright myths.
Jassin, Lloyd J. GigaLaw.com (2000). Articles>Intellectual Property
#27123
Toward a New Politics of Intellectual Property
Until very recently, copyright has been on the periphery of law and public policy concerns because it provided highly technical rules to regulate a specialized industry. The politics of copyright largely focused on intra-industry bickering. The typical response of the legislature to such intra-industry struggles has been to propose that affected parties meet behind closed doors and hammer out compromise language that would thereafter become enacted into law. It didn’t matter much if the language negotiated in the heat of the night was incomprehensible (as has so often been the case) because the affected parties understood it, and that was all that mattered. Copyright law has, as a consequence, become highly complex and effectively unreadable. One reason why a new politics of intellectual property is necessary is that copyright now affects everyone.
Samuelson, Pamela. University of California Berkeley (2002). Articles>Intellectual Property>Copyright
#12939
Understanding Business Communication Copyright Laws
For some reason, there is a common misconception that correspondence and other forms of communication are not subject to protection by U.S. copyright laws; however, generally, that is not true. The U.S. Copyright Act states that protection exists 'in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device.' Therefore, letters typically are protected by copyright law.
Isenberg, Doug. TECHWR-L (2000). Articles>Intellectual Property>Correspondence>Business Communication
#21666
This panel discussion is designed to help independent contractors understand some basic concepts of copyright protection. The panel will discuss the legal fundamentals of the copyright law and practical applications of the law. The panel will provide different perspectives from three points of view: an independent contractor, a technical writer who works for a large corporation, and a lawyer.
Costanzo, Louis C., Richard H. Weiss and Terry S. Dick. STC Proceedings (1996). Articles>Intellectual Property>Copyright
#10651
Generally, the 'year of first publication of the work' refers to the year in which the work (such as an instruction manual) was first distributed to the public. So, a manual written and distributed companywide in 1998 should obviously contain 1998 in the copyright notice. That's the easy example! But what about your question: What happens when the manual is revised? Interestingly, the Copyright Act doesn't directly say. But the commonly accepted practice is to include multiple years in the copyright notice, indicating the various years in which various material in the overall work was first published.
Isenberg, Doug. TECHWR-L (2000). Articles>Intellectual Property
#12940
According to the U.S. Lanham Act, a trademark is generally a 'word, name, symbol, or device, or combination thereof' that is used to 'identify and distinguish...goods, including a unique product, from those manufactured or sold by others and to indicate the source of the goods, even if that source is unknown.' Similarly, a service mark identifies and distinguishes services, rather than goods. Trademark infringement occurs when a person, without permission, uses another person's trademark or service mark in a commercial manner that is likely to cause confusion among the public. Trademark dilution, a less common legal violation, occurs when a person uses another person's famous trademark commercially without permission if doing so dilutes the distinctive quality of the trademark, even if there is no likelihood of confusion.
Isenberg, Doug. TECHWR-L (2000). Articles>Intellectual Property>Trademark
#12938
Using Parts of Another Company's Documentation to Supplement Your Company's Documentation
Although in some parts of life, as the saying goes, 'it's easier to ask forgiveness than to ask permission,' that's certainly not true in copyright law. It's very important to ask permission, because if you don't, you could be committing copyright infringement. In some instances, you may be able to use small portions of the other company's documentation without asking permission, under the 'fair use' doctrine of copyright law. However, this doctrine is highly fact-specific and often confusing; in other words, it's impossible to provide a blanket rule about how many paragraphs or words you can copy without violating the law.
Isenberg, Doug. TECHWR-L (2000). Articles>Intellectual Property>Copyright
#32025
This article investigates an instance in convergence culture: the conflicts and compromises between modders (fans of a video game who actually make changes to the game) and their supporters, and the owners of the copyrighted works they appropriate. I suggest that current copyright ownership in cultural products interferes with the way creative industries can benefit from convergence; that modders (and fans generally) develop a specific rationale and set of norms rooted in Jenkins' concept of a `moral economy' (Jenkins,
Postigo, Hector. Convergence (2008). Articles>Intellectual Property
#21501
Walking the Intellectual Property Law Labyrinth on Multimedia Projects
With the advent of new technology, we can quickly combine video, text, sound and other media in exciting ways. But, because of intellectual property laws, there can be limits to what we can do. In developing multimedia products, we need to be careful not to infringe on existing rights and patents. We can do this by discovering and documenting the origins of each work used in our products to ensure that we hold the appropriate rights. When we use works that weren’t created by our company, we need to work with company counsel to ensure that all requisite licenses, releases and other documents are obtained.
Doudnikoff, Gregory M. and Pamela S. Helyar. STC Proceedings (1994). Articles>Multimedia>Intellectual Property
#20577
Walking the Labyrinth of Multimedia Law 
Recommends discovering and documenting the origins of each work used in our products to ensure that we hold the appropriate rights. Advises working with counsel and contract negotiators to ensure that all requisite licenses, releases, and other documents are obtained.
Helyar, Pamela S. and Gregory M. Doudnikoff. Technical Communication Online (2003). Articles>Intellectual Property>Copyright>Multimedia
#30407
Web Design and the DMCA: Giving and Getting Take Down Notices
If you find yourself in the position of sending or receiving a Digital Millenium Copyright Act take-down notice, this informal checklist will help you get it right the first time.
Rutchik, Gregory. Digital Web Magazine (2007). Articles>Intellectual Property>Copyright
#10058
Web Site Framing: Trademark and Copyright Issues
Framing -- the common practice of displaying multiple web pages within a single Internet browser window -- has raised some interesting legal issues. For example, when one web site 'frames' another, the dominant site may inaccurately (and illegally) create an association between the two sites. This article explains the unsettled legal issues behind this technology.
Smith, Margaret Kubiszyn. GigaLaw.com (2001). Articles>Intellectual Property>Web Design
#10598
What is 'Fair Use' in Copyright Law?
Although U.S. copyright law generally makes it illegal to copy a work without permission, the 'fair use' doctrine permits some copying. But, what constitutes 'fair use' is often misunderstood, and the rules are not always easy to apply. This article explains the fair use doctrine and how it works.
Weil, Barbara Gall. GigaLaw.com (2000). Articles>Intellectual Property
#10596
What is a 'Work Made for Hire'?
Although the general rule under U.S. copyright law is that the person who creates a work is the author of that work, there is an exception to that principle: 'works made for hire.' If a work is 'made for hire,' the employer, and not the employee, is considered the author. This article explains the significance of this doctrine.
GigaLaw.com (2000). Articles>Intellectual Property
#31301
When It's Created, It's Copyrighted
The title above is, in a nutshell, the meaning of the copyright law as it pertains to creative works. Simple and straightforward: Whoever makes it, owns it and in turn grants legal permission for its use to you, the corporate client. Back in the day when you needed a negative or the original transparency to make a decent usable image, it was easier to safeguard photographs against unauthorized use. Now with digital technology, there is no difference between "original" and "duplicate," and copying images is, in some cases, all too easy.
Salvo, Suzanne. Communication World Bulletin (2006). Articles>Intellectual Property>Copyright
#10069
Who Controls Electronic Rights -- the Publisher or the Writer?
The increased importance of electronic publishing requires publishers and writers to pay greater attention to electronic rights issues. Most contemporary publishing contracts, at least those in which the publisher or writer is represented by counsel, contain some reference to 'electronic rights.'
Rich, Lloyd L. Writer's Block (1998). Articles>Intellectual Property
#24504
Who Owns My Work? The State of Work for Hire for Academics in Technical Communication
The work-for-hire doctrine in intellectual property law is important to academics in rhetoric and technical communication. In this article, I explain the doctrine and the way it works, explicate related case law, and suggest treatment of work for hire by instructors and administrators in rhetoric and technical communication.
Herrington, Tyanna K. Journal of Business and Technical Communication (1999). Articles>Intellectual Property>Copyright
#10194
Who Owns What? Intellectual Property, Copyright, and the Next Millennium
This issue of JEP discusses e-publishing's intellectual-property issues.
LeJeune, Lorrie. Journal of Electronic Publishing (1999). Articles>Intellectual Property>Copyright
#31025
Highlights the major legal cases and illustrates how each case set up a rhetorical construct that allowed the next case to happen, leaving us where we are now. Highlights the provisions of the DMCA and how that law might impact our composing and publication practices.
Rife, Martine Courant. Kairos (2006). Articles>Intellectual Property>Legal>Writing
#10882
Statutory definitions of work for hire under the 1976 Copyright Act.
U.S. Copyright Office (2000). Resources>Intellectual Property
#24533
Work for Hire for Nonacademic Creators
This article examines the Work for Hire Doctrine and its importance to technical communication instructors who prepare students to create intellectual products in workplace settings. The author explains how the Work for Hire Doctrine operates in practice, charts the progressive legal treatment of work for hire through case law, and calls attention to the developing trend in the courts to support a more protectionist stance regarding creative products.
Herrington, Tyanna K. Journal of Business and Technical Communication (1999). Articles>Intellectual Property>Copyright>Education
#26683
You *Still* Can't Touch This: Copyright Law, Hip-Hop and Tech Comm
Perhaps unfortunately, the field of tech comm has few, if any, well-known examples of what happens to those who don’t pay attention to copyright issues. One of the most interesting areas in which to explore the perils of copyright violation is in the world of American hip-hop music. I will explore the similarities between the copyright issues faced by hip-hop artists, and those faced by technical communicators.
deMaagd, Christian. Orange Journal, The (2004). Articles>Intellectual Property>Copyright
