Day: May 18, 2019

Understanding Intellectual Property Law

What is Intellectual Property Law?

Intellectual property law covers creative work such as writing and music or cinematic efforts whether on television or film. This type of law also covers art. Steve Kennedy began his law career as a clerk for the Honorable J. Craig Wright, of the Ohio Supreme Court. He has over four decades of practice, in high profile litigation situations, the investigations of the International Trade Commission, and ultimately arbitration proceedings. He has had experience with litigation business disputes, patent infringement, antitrust cases, trademark litigation, and copyright infringement. Copyright infringement, for example, can be about somebody feeling they came up with an idea for a book or story first. Steve has served as President of the Intellectual Property Section for the Litigation Group for the State Bar of Texas, in 1990, and as a panelist for the Texas Lawyer Intellectual Property Roundtable from 2008 to 2012.

The Background of Steve Kennedy

If somebody misuses the work of another person, then that becomes a copyright infringement situation. Steve Kennedy serves on the Dallas Bar Association Ethics Committee, and also the Judiciary Committee. New intellectual property maneuvers of law include the September 2011 America Invents Act, an enormous change to U.S. Patent Law, since the 1952 Patent Act. The Patent Act defined the first inventor to file the system as the original holder of the patent or intellectual property rights. The new act, however, means that if there is proof of prior commercial use, then the true intellectual property can be challenged. As Dallas intellectual property attorney, Steve Kennedy graduated cum laude and the Order of the Coif from the University of Toledo, College of Law, having served as Technical Editor for the Law Review before finishing. He had attended Vanderbilt University, receiving a BA in History and Sociology, and he had served as the President of the History Majors Association while being active in the Vanderbilt University Theater.

Three Kinds of Protection

For copyright law, the artist must sort out whether a patent, copyright, or trademark is necessary. A Dallas intellectual property attorney can sort out what kind of professional help with a copyright a client may need. Intellectual property is about products that are made in the physical real world. Copyright is a way to protect intellectual property by granting specific rights, through the Copyright of 1976 Act, a past law influencing the present.

Copyright

A copyright grants the use of exclusive rights to owners of this type of protection. The owners grant the use of the right to perform or display whatever work is subject to copyright. Copyright is a form of modern law that protects paintings, writing, architecture, movies, software, photos, dance, and music.

Trademark

Trademarks are different from copyright in that they are brand names such as Nike or Apple that require a specific symbol the public can identify these products with. Trademarks receive different degrees of protection, depending on such things as the customer awareness of trademark. Trademark law applies to brand name as expressed by the company using it.

Right of Publicity

This involves pictures taken of an individual including that on film, not just photography as a medium. A photo used on a box of cereal, pictures in a newspaper or magazine, and in general to garner publicity in say a tabloid, means that the intellectual property of those photos must be protected with regard to authorized users.

Trade Secrets

A trade secret involves maintaining a secret ingredient in recipes, whether this is programming code for a computer program or salsa recipes that are not known to the general public. These are the variety of uses of copyright law.