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Technology
Transfer “101”
Copyrights, etc.
A copyright refers to the protection of some tangible expression of an
idea, thing or action. Copyright
protection exists from the moment that the artistic or creative work is
expressed in tangible form. One does not
necessarily have to do or file anything or incur any expense. The copyright exists and belongs to the creator immediately. It can be associated with any writing, play, music, dance, painting,
sculpture, software program, or text and educational materials, written or
visual. Most often, one is advised
to simply include a statement that says “copyright...year…author or creator, and the institution with ownership”. A
formal copyright registration at the PTO can be done, and it must be done if
charges of infringement are going to be made and an award based on damages is
being sought. Copyrights on materials created after 1978 currently last for the
lifetime of the author, plus 70 years. In
the case of a “work for hire”, the copyright lasts 95 years from the date of
publication. The existence of a copyright
prevents anyone else from reproducing, performing, distributing, or making
derivative works without the permission of the copyright holder.
If you are the author of materials reduced to written or graphic form (textual,
pamphlets, software, web-distributed original materials, etc.), we recommend
that you add the following in a prominent place, usually at the bottom of the
first page:
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"Copyright 200_, (author), on behalf of the Medical
College of Georgia"
You may wish to include the following phrase (optional):
COPYRIGHT NOTICE:
This material may not be reproduced, electronically or digitally stored in a
retrieval system, nor transmitted by any form or by any means, electronic,
mechanical, photocopying, recording, nor otherwise, an may not be distributed or
sold without the prior written permission of the author.
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Software computer programs can be subject to copyrights on the code, plus a
patent under certain circumstances. Patents
on software are allowed if there is a clear linkage between the algorithm and
some physical device. A patent may
provide stronger protection, but its lifetime is more limited.
Trademarks and service marks are words, symbols or names that are used to
identify a certain product or service and make it distinctive from any other. Unlike patents, actual use or implementation is required before filing
the mark. However, one can reserve a mark
for later use under certain circumstances.hese types of marks are used in
commerce and are associated with branded products, so academic institutions do
not normally seek such protection.
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