Acquire and protect your share of this major business asset
Want to secure and exploit the intellectual property rights due you or your company? This easy-to-follow guide shows you how — helping you to evaluate your idea's commercial potential, conduct patent and trademark searches, document the invention process, license your IP rights, and comply with international laws. Plus, you get detailed examples of each patent application type!
Discover how to:Avoid application blunders Register trademarks and copyrights Meet patent requirements Navigate complex legal issues Protect your rights abroad The entire body of U.S. patent laws
Example office actions and amendments
Trademark registration certificates
See the CD appendix for details and complete system requirements.
Note: CD-ROM/DVD and other supplementary materials are not included as part of eBook file.
A prolific writer and a stimulating thinker, Max Scheler ranks second only to Husserl as a leading member of the German phenomenological school. Scheler's work lies mostly in the fields of ethics, politics, sociology, and religion. He looked to the emotions, believing them capable, in their own quality, of revealing the nature of the objects, and more especially the values, to which they are in principle directed.
"Scheler's book is in many ways important and great. The questions raised and the method followed are important: modern British thought with its crude use and abuse of the "emotive theory" could do well with a systematic study of the emotions which might show them up as complex intentional structures, and which might rely as much on the phenomenological insights of a Scheler, as on the behaviouristic flair of Gilbert Ryle."--J.N. Findlay, Mind
Max Scheler (1874-1928) was a professor of philosophy and sociology at the University of Cologne and was best known for his work in phenomenology, ethics, and philosophical anthropology.
Peter Heath (1920-2002) was a professor of philosophy at the University of Virginia and was former president of the Lewis Carroll Society of North America.
Werner Stark (1910-1985) was professor of sociology at Fordham University. He is recognized for his work in sociology of religion, social theory, and sociology of knowledge.
Graham McAleer is professor of philosophy and co-chair of the Catholic Social Thought Committee at Loyola College in Maryland.
Demers is concerned about the fate of transformative appropriation—the creative process by which artists and composers borrow from, and respond to, other musical works. In the United States, only two elements of music are eligible for copyright protection: the master recording and the composition (lyrics and melody) itself. Harmony, rhythm, timbre, and other qualities that make a piece distinctive are virtually unregulated. This two-tiered system had long facilitated transformative appropriation while prohibiting blatant forms of theft. The advent of digital file sharing and the specter of global piracy changed everything, says Demers. Now, record labels and publishers are broadening the scope of IP “infringement” to include allusive borrowing in all forms: sampling, celebrity impersonation—even Girl Scout campfire sing-alongs.
Paying exorbitant licensing fees or risking even harsher penalties for unauthorized borrowing have become the only options for some musicians. Others, however, creatively sidestep not only the law but also the very infrastructure of the music industry. Moving easily between techno and classical, between corporate boardrooms and basement recording studios, Demers gives us new ways to look at the tension between IP law, musical meaning and appropriation, and artistic freedom.
Most managers leave intellectual property issues to the legal department, unaware that an organization's intellectual property can help accomplish a range of management goals, from accessing new markets to improving existing products to generating new revenue streams. In this book, intellectual property expert and Harvard Law School professor John Palfrey offers a short briefing on intellectual property strategy for corporate managers and nonprofit administrators. Palfrey argues for strategies that go beyond the traditional highly restrictive “sword and shield” approach, suggesting that flexibility and creativity are essential to a profitable long-term intellectual property strategy—especially in an era of changing attitudes about media.
Intellectual property, writes Palfrey, should be considered a key strategic asset class. Almost every organization has an intellectual property portfolio of some value and therefore the need for an intellectual property strategy. A brand, for example, is an important form of intellectual property, as is any information managed and produced by an organization. Palfrey identifies the essential areas of intellectual property—patent, copyright, trademark, and trade secret—and describes strategic approaches to each in a variety of organizational contexts, based on four basic steps.
The most innovative organizations employ multiple intellectual property approaches, depending on the situation, asking hard, context-specific questions. By doing so, they achieve both short- and long-term benefits while positioning themselves for success in the global information economy.
Incentivizing the "progress of science and the useful arts" has been the goal of intellectual property law since our constitutional beginnings. The Eureka Myth cuts through the current debates and goes straight to the source: the artists and innovators themselves. Silbey makes sense of the intersections between intellectual property law and creative and innovative activity by centering on the stories told by artists, scientists, their employers, lawyers and managers, describing how and why they create and innovate and whether or how IP law plays a role in their activities. Their employers, business partners, managers, and lawyers also describe their role in facilitating the creative and innovative work. Silbey's connections and distinctions made between the stories and statutes serve to inform present and future innovative and creative communities.
Breaking new ground in its examination of the U.S. economy and cultural identity, The Eureka Myth draws out new and surprising conclusions about the sometimes misinterpreted relationships between creativity and intellectual property protections.
For the founding fathers, democratic self-governance itself demanded open and easy access to ideas. So did the growth of creative communities, such as that of eighteenth-century science. And so did the flourishing of public persons, the very actors whose "civic virtue" brought the nation into being.
In this lively, carefully argued, and well-documented book, Hyde brings the past to bear on present matters, shedding fresh light on everything from the Human Genome Project to Bob Dylan's musical roots. Common as Air allows us to stand on the shoulders of America's revolutionary giants and to see beyond today's narrow debates over cultural ownership. What it reveals is nothing less than an inspiring vision of how to reclaim the commonwealth of art and ideas that we were meant to inherit.
For more than thirty years, Emanuel Law Outlines have been the most trusted name in law school outlines. Here s why:Developed by Steve Emanuel when he was a law school student at Harvard, Emanuel Law Outlines became popular with other law students and spawned an industry of reliable study aids. (Having passed the California bar as well, Steve Emanuel is now a member of the New York, Connecticut, Maryland, and Virginia bars.) Each Outline is valuable throughout the course and again at exam time. Outline chapters provide comprehensive coverage of the topics, cases, and black letter law covered in the course and major casebooks, written in a way you can easily understand. The Quiz Yourself Q&A in each chapter and the Essay Q&A at the end provide ample opportunity to test your knowledge throughout the semester. Exam Tips alert you to the issues that commonly pop up on exams and to the fact patterns commonly used to test those items. The Capsule Summary an excellent exam preparation tool provides a quick review of the key concepts covered in the course. The comprehensive coverage is more sweeping than most outlines. Each Emanuel Law Outline is correlated to the leading casebooks. Every title is frequently updated and reviewed against new developments and recent cases covered in the leading casebooks. Tight uniformity of writing style and approach means that if you use one of these guides, you can be confident that the others will be of similar quality.
Drawing on her extensive experience as a media lawyer, Ann Harrison offers a unique, expert opinion on the deals, the contracts and the business as a whole. She examines in detail the changing face of the music industry and provides absorbing and up-to-date case studies.
Whether you’re a recording artist, songwriter, music business manager, industry executive, publisher, journalist, media student, accountant or lawyer, this practical and comprehensive guide is indispensable reading.
Fully revised and updated. Includes:
· The current types of record and publishing deals, and what you can expect to see in the contracts
· A guide to making a record, manufacture, distribution, branding, marketing, merchandising, sponsorship, band arrangements and touring
· The most up-to-date information on music streaming, digital downloads, online marketing and piracy
· An in-depth look at copyright law and related rights
· Case studies illustrating key developments and legal jargon explained.
How do I copyright my screenplay? How can I clear rights for my film project? What can I do to avoid legal trouble when I produce my mockumentary? How do I ascertain whether a vintage novel is in the public domain? Is the trademark I've invented for my production company available? What about copyright and trademark rights overseas? If I upload my film to YouTube, do I give up any rights?
Bill Seiter and Ellen Seiter answer these questions and countless others while also demystifying the fundamental principles of intellectual property. Clear and thorough, this plain-spoken and practical guide is essential for anyone seeking to navigate the rapidly changing media environment of today.
Features:The text organization observes the chronological pattern followed by a startup/entrepreneur, providing a cohesive guide to the build-out of a business. Traditional cyberlaw topics are given comprehensive coverage but always in a business context.Cutting-edge and seminal cyberlaw cases are carefully selected and edited for readability and clarity.Important topic content includes chapters on IP; social media; data privacy; and government regulation.Other up-to-date coverage includes promoting inventiveness and innovation; data security; new venture planning, fiduciary duties, and crowdfunding ; and malware, data breaches, and criminal procedure.Each chapter contains a feature focused on cyberlaw issues and dilemmas, using Twitter as a case study.Wherever appropriate and relevant, international perspectives and ethical organizational behavior are integrated into the discussion.Pedagogical features, placed strategically throughout the text, include concept summaries, case questions, exhibits and tables, hypothetical ventures to illustrate points, and dynamic end-of-chapter features such as chapter summaries, manager s checklists, key terms, short case problems or questions, and web resources.Learning objectives align with AACSB standards and Bloom s Taxonomy for assessment purposes.Cutting-edge cyberlaw cases discussed include People v. Marquan M (cyber-bullying, 2014) and Riley v. California (cell phone searches, 2014).
The Entrepreneur's Guide to Patents, Copyrights, Trademarks, Trade Secrets and Licensing is the definitive guide for the entrepreneur and innovator who is ready to protect what he or she has created-a
The Supreme Court has unanimously held that Jackson Pollock’s paintings, Arnold Schöenberg’s music, and Lewis Carroll’s poem “Jabberwocky” are “unquestionably shielded” by the First Amendment. Nonrepresentational art, instrumental music, and nonsense: all receive constitutional coverage under an amendment protecting “the freedom of speech,” even though none involves what we typically think of as speech—the use of words to convey meaning.
As a legal matter, the Court’s conclusion is clearly correct, but its premises are murky, and they raise difficult questions about the possibilities and limitations of law and expression. Nonrepresentational art, instrumental music, and nonsense do not employ language in any traditional sense, and sometimes do not even involve the transmission of articulable ideas. How, then, can they be treated as “speech” for constitutional purposes? What does the difficulty of that question suggest for First Amendment law and theory? And can law resolve such inquiries without relying on aesthetics, ethics, and philosophy?
Comprehensive and compelling, this book represents a sustained effort to account, constitutionally, for these modes of “speech.” While it is firmly centered in debates about First Amendment issues, it addresses them in a novel way, using subject matter that is uniquely well suited to the task, and whose constitutional salience has been under-explored. Drawing on existing legal doctrine, aesthetics, and analytical philosophy, three celebrated law scholars show us how and why speech beyond words should be fundamental to our understanding of the First Amendment.
It explains the laws affecting the daily work of writers, broadcasters, PR practitioners, photographers, and other public communicators. By providing statutes and cases in an accessible manner, even to students studying law for the first time, the authors ensure that students will acquire a firm grasp of the legal issues affecting the media. This new edition features color photos, as well as breakout boxes that apply the book’s principles to daily life. The new case studies discussed often reflect new technologies and professional practices, including hot topics such as cyber bullying, drones, government surveillance, campaign financing, advertising, and digital libel.
The Law of Public Communication is an ideal core textbook for undergraduate and graduate courses in communication law and mass media law.
A downloadable test bank is available for instructors at www.routledge.com/9780367353094.
This is not a "do-it-yourself" manual but rather a ready reference tool for inventors or creators that will generate maximum efficiencies in obtaining, preserving and enforcing their intellectual property rights. It explains why they need to secure the services of IPR attorneys.
Coverage includes employment contracts, including the ability of engineers to take confidential and secret knowledge to a new job, shop rights and information to help an entrepreneur establish a non-conflicting enterprise when leaving their prior employment.
Sample forms of contracts, contract clauses, and points to consider before signing employment agreements are included.
Coverage of copyright, software protection, and the Digital Millennium Copyright Act (DMCA) as well as the procedural variances in international intellectual property laws and procedures.
Full of valuable tips, techniques, illustrative real-world examples, exhibits, and best practices, this handy and concise paperback will help you stay up to date on the newest thinking, strategies, developments, and technologies in intellectual property.
"Alexander Poltorak and Paul Lerner have written the definitive primer on intellectual property for business professionals. Thorough in its coverage and understandable in its delivery, Essentials of Intellectual Property provides not only an outstanding summary of intellectual property basics, but a useful and sensible strategy for using intellectual property to the best needs of a business. Poltorak and Lerner have combined their in-depth knowledge of patent law with their savvy business skills to yield an indispensable reference for the business professional."
—Jeffrey L. Brandt, Patent Attorney, Former Senior Vice President and Intellectual Property & Licensing Counsel, priceline.com
"Alex Poltorak and Paul Lerner have pulled off a mighty feat with Essentials of Intellectual Property. They have crafted a work that is clear for the beginning practitioner while nuanced and sophisticated for the savvy tech transfer and IP management veteran. Lively and often witty writing is a treat not often found in tomes on what can be a dry subject. With Essentials of Intellectual Property, the practitioner has a new literary tool for tying IP strategy to the business reality of tomorrow."
—Edward Kahn, Founder and President, EKMS, Inc., Cambridge, MA
"This critically important new volume of work not only provides the professional with a greater knowledge of this vast subject, but also the novice with a better understanding and appreciation for the results of their creative abilities."
—Lawrence J. Udell, Executive Director, California Invention Center, Professor of New Ventures and Entrepreneurship
The Wiley Essentials Series—because the business world is always changing...and so should you.
Other features include checklists, highlighted elements for each cause of action, and extensive forms, including sample complaints.
This indispensable Practice Guide is integrated with the LexisNexis Total Research System to provide easy access to relevant online resources, including public records, Matthew Bender Practice Guide series for California, Matthew Bender analytical materials, California and national news sources, and more.
Matthew Bender Practice Guide: California Unfair Competition and Business Torts provides expert analysis and guidance for total research support on the topic.
Matthew Bender California Practice Guides: The Fresh New Perspective in California Research
Matthew Bender California Practice Guides redefine what first-class research support is all about. These peerless dual media tools combine the convenience of the printed word with the reach of online access to help you work smarter and faster - and get more of what you're searching for easier.
With each Practice Guide, expert task-oriented analyses are just the beginning. Checklists, practice tips, examples, explanatory notes, forms, cross-referencing to other Practice Guides and online linking to Matthew Bender's vast suite of publications all combine to deliver the fast, full and confident understanding you seek.
Featuring more of what you're looking for in a comprehensive research system - a task-based format, thorough yet concise content, citable expert insight, twice-a-year updating, a superior print/online interface, sample searches and so much more - Matthew Bender California Practice Guides will help lift your efforts to a whole new level of success.
Through five editions since 1981, this book has offered the most comprehensive accessible guide available to all aspects of copyright law. Now, with the sixth edition, The Copyright Book has been thoroughly updated to cover copyright for the Internet age, discussing a range of developments in the law since 2000. The only book written for nonlawyers that covers the entire field of copyright law, it is essential reading for authors, artists, creative people in every medium, the companies that hire them, users of copyrighted material, and anyone with an interest in copyright law from a policy perspective.
New material includes greatly expanded coverage of infringement and fair use, with detailed discussion of recent decisions, including the Grateful Dead, Google, and HathiTrust cases. The new edition considers such topics as open access, the defeat of the Stop Online Piracy Act (SOPA), file sharing, e-reserves, the status of “orphan works,” and the latest developments under the Digital Millennium Copyright Act (DMCA).
The sixth edition also brings up to date The Copyright Book's plain English explanation of such fundamental topics as authorship and ownership; transfers and licenses of copyright; copyright notice; registration of copyright (including the new online registration and “preregistration” systems); the scope of rights included in copyright, and exceptions to those rights; “moral rights”; compulsory licenses; tax treatment of copyright; and international aspects of copyright law.
As copyright issues grow ever more complicated, The Copyright Book becomes ever more indispensable.