ownership in design

Ownership in DesignPrateeba, Taysia, Vivian & Melley

SOCS-411-F001 2015

VivianTypewritten TextExcept where otherwise noted, this slide is licensed under https://creativecommons.org/licenses/by/4.0/

VivianTypewritten Text

Disclaimer

Were design students, not lawyers.

Intellectual Property

A form of creative endeavour that can

be protected through a copyright, patent,

trademark, industrial design or integrated

circuit topography.

Canadian Intellectual property officehttp http://strategis.ic.gc.ca/sc_mrksv/cipo/cp/cp_main-e.html

4 Main Pillars of Intellectual Property

2Trademark

3Copyright Trade Secrets

41Patents

Other Forms of Intellectual Property

6Plant

BreedersRights

7Industrial

Design Patent

Personality Right

85Integrated

Circuit Topography

ACTIVITY

What is the difference between Trademarks, Copyrights & Patents?

Identify the copyrights, trademarks, trade secrets,and patents.

Use the handout after each explanation to guess which is which!

Ex. After copyright explanation, guess which parts of the image are copyrighted.

VivianTypewritten TextSource:http://store.starbucks.com/starbucks-brezza-blend-011036744.html

Copyright

The Right to Copy

Copyright means the sole right to produce or

reproduce a work or a substantial part of it in

any form. Copyright exists automatically when

an original work or other subject-matter is

created. Applies to original works, typically

literary, dramatic, musical and artistic works.

Lasts for life plus 50 years

Arise from creation

No Register

Author RightsStatutory Rights

The Right to Copy

Duration of Copyright

Life plus50 years

Last authors life plus 50 years

< 50 years from 1st publication

1 Author 2+ Authors Anonymous

the purpose of copyright law (is) to balance the public interest in promoting the encouragement and dissemination of works of the arts and intellect and obtaining a fair reward for the creator.

Chief Justice McLachlin

Basic Concepts

Copyright protects the expression of ideas; It does not protect the ideas themselves

Copyright gives the author of a work the exclusive right to copy and exploit the work

Moral rights give the author of a work the exclusive right to be associated with the work and to the integrity of the work

Ownership of Copyright

First ownership may be changed bysimple contract.

Freelancers often retain their copyright; contract only grants an implied license

Business photographer Software developer Architect

Copyright

1

2

3

4

51. Packaging design2. Graphics on package3. Starbucks wordmark4. Bezza logo5. Starbucks logo

Trademark

What is Trademark?

Arise from source of wares

or services

Perpetual RightsCommon Law + Statutory Rights

Enhanced though

Registration

Trademark Law

A trademark may consist of any sign

capable of being represented graphically,

like words, including personal names, designs,

letters, numerals, the shape of goods or their

packaging (combinations of) colours, sound.

Trademarkvs.

Registered

Trademark

1

2

3

4

1. Brezza logo2. Starbucks wordmark3. Starbucks logo4. Packaging design

Patent

Patents

Apply to newly developed technology as

well as to improvements on products or

processes. Patents provide a time-limited,

legally protected, exclusive right to make, use

and sell an invention. In this way, patents serve

as a reward for ingenuity.

Patents

Apply to newly developed technology as

well as to improvements on products or

processes. Patents provide a time-limited,

legally protected, exclusive right to make,

use and sell an invention. In this way, patents

serve as a reward for ingenuity.

Patent Rights

New, non-obvious + useful inventions

Statutory rights

Arise on registration

Rights last for 20 years

Rights belong to inventor

Basics of Patents

Monopoly granted by the government to

applicants, through the Patent Act, in return

for disclosing the invention

Exclusive right in to make, use or sell your

invention

Maximum 20 year term of protection filing

What can be patented?

New inventions or an improvement of an

existing invention. Invention means one

of the following:

to make the coffee maker

Machine1 cup coffee

maker

Productto make the coffee maker

Processcoffee recipe

in pods

Composition

Abstract theorem

Medical treatment

Inventions with immoral

purpose

What Cant be Patented?

Scientific principle

Higher life forms

An idea

Patent

1. Composition Patent for the coffee blend

2. Process Patent for creating the coffee blend

3. Machine for grinding the coffee

Trade Secrets

What is Trade Secrets?

Must have business value, be able to be

kept secret and be subject to efforts to keep

it secret. Common law only; no statutory

protection. Rights will last as long as the

information remains secret.

To be a Trade Secret:

Be used in business

Not be generally known (not publicly

available information)

Derive its value from being unknown

Be subject to keep it secret

Recipe of the coffee blend

Trade Secret

Trademark

Copyright

Patent

1. Composition Patent 2. Process Patent3. Machine Patent

Recipe of the coffee blend

1. Brezza logo2. Starbucks wordmark 3. Starbucks logo4. Packaging design 1. Packaging design

2. Graphics on package3. Starbucks wordmark4. Bezza logo5. Starbucks logo

Trade Secret

1

1

2

2 3

3

4

4

5

Open Source &Creative Commons

Open Source Design

It is a remix culture of designing, in

which the originator of an idea passes it on

to others who then take it in new directions,

all of which dissolves clear authorship

or attribution.

Non-profit organization

creativecommons.org

Creative Commons is a non-profit

organization devoted to expanding the

range of creative works available for others

to build upon legally and to share

Audrey Tang

Audrey Tang

A Taiwanese free software hacker

Known for internationalization and

localization contributions to several

Free Software programs

An active figure in g0v.tw (gov-zero)

Question 1

What can designers contribute and how will you encourage them to participate?




Question 1

What can designers contribute and how will you encourage them to participate?

Its true that tools for large-scale design collaboration is still evolving and somewhat lags behind source code and textual collaboration, but that is part of the fun of being early-stage explorers.

VivianTypewritten TextSource:https://hackpad.com/Emily-Carr-University-Interview-3wNKN2KIBl6

Question 2

What do you think are the concerns that keep people from participating in open source communities and projects?

Question 2

What do you think are the concerns that keep people from participating in open source communities and projects?

Mostly its unfamiliarity with the in the open way of working; also it could take some time to learn that imperfection is just fine indeed its often better than perfection, because flaws are social objects around which people can have a conversation.


Question 3

How would you imagine a future of Open Source and Creative Commons?

Question 3

How would you imagine a future of Open Source and Creative Commons?

Well the best way to imagine a future is to create it and in this case, I think more people will join the commons, as more and more creation takes place in a digitized collaborative space, and Im happy to work with people in these diverse fields to adapt the idea of Open into a social norm that we find enjoyable.


IndustrialDesign

Anyway Cup

Through the 1990s Mandy Haberman

patented and distributed The Anyway Up

Cup through V&A Marketing.

With her patent she was able to defend

her product from infringement on many

occasions in court while she and her

licensing partners were paid for costs

and damages.

Anyway Cup (cont.)

By defending her design she was also

able to generate licensing opportunities

with companies like TumbleMates who

manufactured and distributed the Anyway

Up Cup in the US starting in 1996.

Because I had patents, I was able to go to court, defend my idea, enforce my patent rights...This made me a lot of money; if I had not had the patents, I would not made anything.

Mandy Haberman

Video: Mandy Haberman

Sourcehttps://www.youtube.com/watch?v=D9M1hjM9-Ns

What protected her design?

Patent Protected:

Her idea of a cup that controls the flow of

liquid through a specifically craft spout.

Registered Trademark Protected:

Her from competitors copying or using her

brand and design.

Communication Design

Tokyo 2020

Japan's Olympic committee decided to scrap

their 2020 logo, designed by Kenjiro Sano

because of the accusations of plagiarism.

The logo looked too similar to Olivier Debbies

Thtre de Lige logo, which was not a

registered trademark.

Be Headstrong & Balsy

1. Identify the Source

2. Contact the Content Thief

3. Cease and Desist Order

4. Contact Advertisers

5. Request a Ban from Search Engines

6. Register Your Copyrights: Prevention is

Protection

Sourcehttps://lorelle.wordpress.com/2006/04/10/what-do-you-do-when-someone-steals-your-content/

Graphic Plagiarism + Tips

What to do before uploading content:

72dpi images (not a good resolution to steal)

Put [Your Name] 2014 on every page

Work you name into your own designs (if

you want to do that)


When a company copies your work:

Try not to bash large companies on internet

BUT...bashing or pointing out might give

public leverage in right circumstances


If you take the legal route:

Prepare progress shots, and do a side by

side comparison of copied work

Payout is possible if facing large company

Might lose casechoose payout or not?

Benefits for large corporations when they

choose to litigate

Sourcehttp://www.digitalartsonline.co.uk/features/illustration/how-protect-yourself-against-design-plagiarism/

The Future of Communication Design?

The future...

...of advertising is experiences, not messages

...of behaviour change is context, not information

...of value exchange is access, not ownership

...of brand is service, not product

InteractionDesign

Lots of interaction designer, UI designer, UX practitioner overlooked the issue of IP

Patenting Graphic User Interface

(GUI)

GUI for user profiles, patented by Apple

1 Click Shopping, patented by Amazon(shop without shopping cart)

Pull to refresh, patented by Twitter

Pull to refresh, by others

How do we patent user experience

(UX)?

?

Case Study : Patent War

VS

Apple accused Samsungof infringing:

Design patents

677 patent: general outline

and ornamental design

087 patent: general outline

and ornamental design

889 patent: ornamental design


Design patents

305 patent: GUI for a display screen


Utility patents - patent 381,915,163,087

tap to zoom auto rotate screen

scrolling with swipe gesture

multi-touch,pinch to zoom

so, what is Apple tryingto patent here?

Experience

+ +

=

The Future :

Internet of things

Virtual reality/ augmented reality

THANKYOU.