Staying out of Jail: Trademark, Copyright and Ethics SMPS Greater Detroit Chapter November 8, 2007
Nov 11, 2014
Staying out of Jail:Trademark, Copyright and Ethics
SMPS Greater Detroit Chapter
November 8, 2007
Laura Ricci MBA
• Proposal Expert
• Drake Law School
• Copyright Law as a newspaper editor
• Industry Awards
• Industry Speaker
• Web Strategist of the year 2002
How Can I Help You?
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• ____________________________
• ____________________________
• ____________________________
• ____________________________
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Agenda
• Trademark and Copyright law• My OTJ training
• Myths and Excuses• Fair Use
• Trademarks
• Trademarks vs. Copyrights
• Copyright
• Ethics
Intention of the Law
• Protect innovation
• Preserve benefits of creativity
• Support economic growth
“Bring your layouts from September 13 to my office.”
“Nothing that will help you.”
Myths and Excuses #1
• “But Officer! I didn’t mean it!”
• “Tell it to the Judge.” (and jury)
Myths and Excuses #2
• “So long as I don’t sell it, I’m O.K.
Myths and Excuses #3
• “I found it on the Web.”
Myths and Excuses #4
• “This is FAIR USE, so I can use it.”
Fair Use
• Education
• Research
• News
• Commentary
• Parody and Satire
Fair Use
• May not “harm the commercial value of the work”
Trademark
• Requires Vigorous Defense in order to maintain the protection of law
Trademark
• Color
• Size
• Display
• Usage
• “Obvious” is not a requirement
Trademark “Stay Out of Jail” card
• Ask Trademark owner for protocols
• We want to build your Trust!
• We’ll help you engineer progress!
• We want to be your supplier!
• We want your subcontract!
“Stay Out of Jail” card
• Respect, don’t insult
Trademark “Stay Out of Jail” card
• Ask Trademark owner for protocols
Trademark vs. Copyright
Owned by the User Owned by the Creator
Trademark vs. Copyright
Requires vigorous defense and notice
™
No notice required
©
Trademark vs. Copyright
Almost always must be registered
No registration required before infringement
Trademark vs. CopyrightMay be a symbol, image or phrase
May be a symbol, image or phrase
Trademark vs. Copyright
Indefinitely renewable
Creator’s life + 70 years
or 120 years for corporate creations
Trademark vs. Copyright
Not always obvious Specific, not conceptual
Trademark vs. Copyright
Can lose protection by becoming “Generic”
Creator well protected
Copyright
• You cannot copyright a concept
• Specific to the writing/recording/film
Copyright “Stay Out of Jail” card
• Quotes with attribution generally acceptable
• You can write your own version of the concept, but this can tread too close to “derivative works” so I don’t advise this.
Copyright
• “Fair Use” does not apply to us.
Copyright
• Photos are exceptionally protected because they are exceptionally infringed.• Jury Awards Shoe Photographer $1.3
million
Copyright “Stay Out of Jail” card
• WORK FOR HIRE when buying photographic or other design services
• Get an account at stock.xchng.com, morguefile.com, iStockPhoto.com, Getty Images
• buy a digital camera for the office.
• Display rather than copy
Copyright
Copyright “Stay Out of Jail” card
• Get permission• Licenses are often nominal for limited use
• Display rather than copy
Copyright
• Movies, TV shows, video, audio
Copyright “Stay Out of Jail” card
• Get permission• If you can’t get permission, try to quote by
reference
More “Stay Out of Jail” cards
• Evoke, don’t violate
Exercise
• Your team is in contention for work to build a new Headquarters for your prospective client.
• You are unable to get protocols from the firm.
Exercise
• Develop a list of ways you can connect with the prospect in your proposal and presentation.
• Laura has ___ pairs of handcuffs waiting for the teams who don’t accomplish the mission.
Stay Out of Jail
• Ask for protocols
• Respect, don’t insult
• Display, don’t copy
• Evoke, don’t violate
Ethics
• FARS• Federal Acquisition Regulations
• DFARS• Defense Federal Acquisition Regulations
FARS
• Whenever federal funds are part of the project, FARS compliance is a requirement
FARS
• Subcontractors to firms with federal contracts are subject to FARS
FARS issues of substance
• Discussion during procurement• About the project and source selection• About potential job offers
• Gifts• Entertainment can be construed as bribes
FARS “Stay Out of Jail” card
• Confirm that your meeting is not intended to violate procurement rules.
• Complete your business development calls before the RFP is announced.
• If hosting, put out a cup and list the cost of all refreshments served.
FARS
• Q and A are disclosed to competitors
Questions?
Staying out of Jail:Trademark, Copyright and Ethics
SMPS Greater Detroit Chapter
November 8, 2007