IP & Commercialization Faculty Guide
Copyright, Trademark & Trade Secret
Copyright: The exclusive ownership right created by statute to an author or originator of certain literary or artistic works whereby the author is vested with the sole and exclusive privilege of multiplying copies of the work to publish and sell. Maximum life is the life of the author plus 70 years.
The Constitution of the United States of America talks about copyright in Article I, Section 8:
"To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries."
Copyright is now automatically established when a work is first fixed in a tangible medium (e.g., a book, manuscript, sheet music, film, videotape, microfilm, electronic medium such as a computer, e-mail, etc.). No publication or registration or other action of the copyright office is required to secure copyright protection, nor must the work be marked with a copyright notice.
Prior to January 1, 1978, when major changes in the copyright laws took effect, the correct copyright notice was required, the work had to be published, and the work had to be deposited with the Copyright Office. The old laws still apply to works created before 1978.
Generally, the copyright owner has exclusive rights to use the copyrighted material, including any derivative uses. The current copyright law does provide for limited use of copyrighted material under the principle of "fair use" (e.g., for purposes such as criticism, comment, news reporting, teaching, scholarship, research). For more on fair use, see www.uky.edu/FACTSCenter/fairuse.
More information on copyright is included in UK's administrative regulations on intellectual property AR II-1.1-3. The following is section IV.A on UK's exclusions to copyright ownership:
"Traditional products of scholarly activity which have customarily been considered to be the unrestricted property of the author or originator are excepted from the general policy. Such traditional products include journal articles; textbooks; reviews; works of art including paintings, sculpture, and musical compositions; and course materials such as syllabi, workbooks, and laboratory manuals. The University has not and will not claim any ownership rights to such traditional works and also specifically disclaims any potential rights to do so under the 'work for hire' provisions of the U.S. Copyright Act."
For more about copyright, see the United States Copyright Office.
Trademark: A word, name, symbol, or device, or combination of these, used by a manufacturer or seller of goods to distinguish his products from those of other manufacturers or sellers. The concept comes from common law principles, not from statute. Maximum life is unlimited as long as the owner asserts ownership and protects it.
Trade Secret: A plan, process, mechanism, or compound—proprietary information—known only to its owner and to his or her employees to whom it is necessary to confide it. The concept originates from contract law. Maximum life is unlimited as long as the owner asserts ownership and enforces the contracts.