Purpose
This policy memorandum is intended to provide general guidance to CompanyA employees on how to use copyright protection to protect intellectual property (IP) rights.
Part 1 Copyright in general
A Copyright is a legal right that grants the creator of an original work exclusive rights to its use and distribution. Our Founding Fathers provided for the establishment of a Copyright system in the U.S. Constitution to provide financial incentives to writers, artists, and others to promote the creation of new works. Copyrights are generally owned by the people who create the works; however, if a work is created by an employee in the course of his or her employment, the employer is the legal author and owns the copyright. Therefore CompanyA
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The public can view the copyright protected work on deposit, but only in person with approval via written request submitted to the Copyright Office. Doesn’t this public availability jeopardize the CompanyA Proprietary trade secret information contained in our technical documents?
No. A variety of procedures have been established by the Copyright Office to allow companies to register copyrights for unpublished works while still protecting their proprietary information. First and foremost CompanyA Proprietary Information should be redacted from the document prior to registering. The copyright office allows up to 49% of the document to be redacted. Further, while the public can view the redacted work on deposit, no copies or photos are allowed during viewing; and a Copyright Office representative is present to ensure that any notes taken do not include copies of the
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From an ideological standpoint, however, both patent and copyright laws have the potential to offer some degree of protection to the various components that comprise the entirety of a software program. Thus, copyright protection to prevent wholesale copying of software may be the most reliable way to protect CompanyA’s rights in software although, when available, patent protection offers stronger remedies and may be preferred, where available.
Suppliers, Consultants and “Works for Hire”
When CompanyA hires an outside vendor to develop software or technical documentation, it usually does so with the expectation that it will own the resulting work. To achieve this, the Company should whenever possible negotiate license agreements or secure copyright assignments from suppliers and consultants, including the use of “work made for hire” agreements assigning the copyrights to CompanyA. Absent such an agreement the copyright will belong to the author of the work.
PART 3 Summary/Conclusions
1. All technical documents created by CompanyA are protected by Copyright and should be marked with the following copyright
Instead, protection only takes place if measures are taken to control the dissemination and use of information. Businesses use confidentiality agreements, limited access to confidential information, restrictive post-employment agreements, and other security practices to maintain trade secrets. Employees current and old sign non-disclosures to insure these are kept safe. By protecting your intellectual property, the ABC Company must have watched competitors and others in the industry as if they were competing for their ideas. Sam as an employee had to keep these secrets to the public and then expose ABC competition to undue competition.
Copyright is the set of significant exclusive rights that have been conferred on the authors of works or copyright owners. It is used to protect their work from unauthorised transmission or copying and to the protection of their moral rights. These moral rights include the right of integrity of authorship, the right against false attribution of authorship and the right of attribution of authorship.
“Copyright is a fundamental right of ownership and protection common to all of the arts” (O’Hara & Beard, 2006, p. 8). “It is a form of intellectual Property (IP)” and it gives the owner exclusive rights to the copyright (O’Hara & Beard, 2006, p. 11).
Intellectual property is an incredibly complicated facet of the law. In the United States, we have many laws in place to control and limit profiting from others intellectual property. The issue is not only profiting from others intellectual property, but not purchasing the property from the originator as well. We will discuss why it is important to protect this property as well as why it is tremendously difficult to regulate all these safe guards. “Intellectual Property has the shelf life of a banana.” Bill Gates
Patents cover unique processes and functions, but since virtually all software is derivative, patent protection seems inappropriate for software programs. Copyright protection may be more suitable since it does distinguish between ideas and their expression. However, the extent and scope of that protection is unclear…1
Software Patent/Copyright issues are a global concern. Information Technology developments in the last ten years have brought innovation in both Software and Hardware. The rise of the Internet and its users around the world is stretching the frontiers. But these advances in Information Technology came with the easy way to copy software illegally. My research will be focused on the laws that protect the intellectual property in Peru and their effect globally. I will analyze the issue from an ethical perspective in how these laws are right or wrong and my personal opinion for a solution of the problem from different approaches.
Copyright is not a natural process; it is essentially an agreement between the state and an artist, where the state gives the artist a monopoly on works they make for a certain time in hopes that this artist will continue to create more works. This agreement is beneficial for all parties; the artist gets money for their work (as no one is allowed to produce copies unless granted permission) and an incentive to create new works. The state has artisans to keep the public happy.
Intellectual property is property resulting from intellectual, creative processes. A product that was created because of someone’s individual thought process. Examples includes books, designs, music, art work, and computer files. (Miller R. J., 2011, p. 114) In the music industry a copyright is an important tool for artist to use to protect themselves from infringers. A copyright is the exclusive right of an author or originator of a literary or artistic production to publish, print, or sell that production for a statutory period of time. A copyright has the same monopolistic nature as a patent or trademark, but it differs in that it applies exclusively to works of art, literature, and other works of authorship (including computer programs). (Miller R. J., 2011, p. 125)
In Scripture, the first four seals show horses and riders in the form of astonishing metaphors, and imaginations. Obviously, it is not God’s intention to tell his believers who these people are, but to teach them what to look for during any of the world conditions. These Four Horsemen represent a snapshot of man’s inhumanity to man. They are a prediction of how people behave under extreme conditions when the universe cannot settle God’s real purpose. While this is not new for most governmental leaders, but when events because of fellow humans’ distress and sufferings by breaking promises that follow poverty, famine, death, wars, and a reject that causes alternative lifestyles.
On October 27,1998, the Copyright Term Extension Act (CTEA) was signed into law by President Bill Clinton. At the time the European Union had adopted a directive requiring its states to establish the new copyright terms of the life of the author plus and additional seventy years. In order to keep the balance of payment the United States had to adjust the copyright terms. Otherwise under the “rule of shorter term,” the United States copyrights would not be protected in Europe past the expiration of the shorter U.S. term.
Intellectual property (IP) is defined as property that is developed through an intellectual and creative processes. Intellectual property falls under the category of property known as intangible rights, which includes patents (inventions of processes, machines, manufactures, and compositions of matter), copyrights (original artistic and literary works of), trademarks (commercial symbols), and trade secrets ((product formulas, patterns, designs). Intellectual property rights has a significant value to both individuals and businesses, providing in the case of large companies, over one half of their value on return. Since intellectual property rights are so important to the U.S. economy and its citizens, federal and state law provides protection, for example, civil damages and criminal penalties to be assessed against infringers. Due to the importance of intellectual property to a business, I don’t think that its protection and enforcement is going to be a thing of the past.
At the end of the day, the decision on if and how intellectual property (IP) protection is sought must be made in the context of an organizations IP strategy and keeping in line with the organization goals and objectives. For company who prefer to compete in the free market, copyrighted software is sufficient in protecting the legal rights of the software created. For company whose main objective is to collect licensing rights and back end deals that comes with patent protection, than it is advisable to seek for patent protection. For me, a copyright is more than sufficient to acknowledge an invention and the inventor’s rights to claim.
In the ever changing world today, companies are continuing to innovate so they can maintain a competitive advantage. In order to keep their ideas secret, companies use legal documents called non-disclosure agreements or confidentiality agreements. Thousands of companies sign these contracts with other businesses and their own employees to insure that current projects, innovative ideas, or new products are undisclosed from competitors. NDAs provide a level of protection and comfort when disclosing information to another party. They are a significant part in intellectual property perfection.
Copyright is a protection for authors, composers or artists and other creators who create innovative idea base work. Copyright law is important because of its role to protect the interests of the creator, while allowing others to gain access to it legally. It designed to make sure that creators receive appropriate rights for their own ideas and creativity, and to promote artistic creativity by protecting the creator.
A copyright is a legal means that gives the creator of mythical, imaginative, musical, or other creative work the solitary right to publish and sell that work. Copyright owners have the right to manage the reproduction of their work, including the right to receive imbursement for that reproduction. An author may contribute or sell those rights to others, including publishers or recording corporations. Breach of a copyright is called copyright