Frequently Asked Questions About Intellectual Property

Can facts or databases be copyrighted?

While facts can’t be subject to copyright, any collection or arrangement of information that form a database may be copyrighted by the producer. However, it is important to understand that the only copyrightable aspect is the creative selection of arrangement, while the facts remain facts as part of the database and can not be copyrighted.

What rights does a copyright provide?

• As stated in 17 USC paragraph 106, copyright provides the following rights:
• To prepare derivative works based on copyrighted work
• To reproduce the copyrighted piece
• To distributed copies to the public by sale, rental, lease or lending
• To perform the work publicly in form of literature, music, drama, dance etc
• To include motion pictures or audiovisual work to support the work
• To perform the work by means of digital audio transmission in case of sound recordings

How can the owner of a copyrighted piece be indentified?

Copyrighted notices in published pieces identify the owner at that time, which is found on the back of the title page in books. However, if you want to identify the specific owner for journal articles or older pieces, affiliation of the author may be helpful in locating the individual author, which is not in itself definite. LOCIS(Library of Congress Information System) provides registration information and recorded documents while web-based search systems will provided copyright information for registered works since January 1, 1978.

Does copyright law apply to the Internet?

Absolutely. The Internet is another form of distributing information and is therefore protected under the copyright law. Easy access doesn’t mean without limitation or that it is free. Therefore, copyrighted works found online are subject to the same regulations as material found in other media.

Does fair use apply to the Internet?

Yes. Just like any other media, information on the Internet can be used without permission for certain purposes.

What other types of intellectual property protections are there?

In addition to copyright, there are patents and trademarks. While copyright protects original works of authorship, patents protect new, useful and non-obvious inventions. Trademarks, on the other hand, protect words, phrases, designs and symbols used as logos, slogans or names of products or organizations and distinguish one from the other. Each intellectual property differs from the other in what it requires for the protection process, how it is transferred and basic penalties when it comes to infringement.

Does the U.S. Government have copyright protections in government works in other countries?

Yes. Depending on how the work is treated by the national copyright law of the particular country, the U.S. Government may also obtain protection of its works abroad.

Is the U.S. Government exempt from violating intellectual property laws?

Just like any other citizen, the U.S. Government can also be held responsible copyright infringement. In case a copyright owner finds his/her exclusive rights violated, there are grounds for a lawsuit and the owner can sue for monetary damages. However, there is no contributory copyright infringement on the part of the Government because it has not waived sovereign immunity rights. As the government can rely on fair use of materials, not every government work is automatically a fair use. However, there is no specific rule when to consider government materials as fair use.

Contact our Florida Intellectual Property Lawyer Now!

	Did You Know?
	Trade secret information that has potential economic advantage is protected. Any information that may be used in the operation of a business and that is sufficiently valuable to afford an actual or potential economic advantage is considered a trade secret.