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Indiana Intellectual Property Blog

~ Trademark and Copyright Law Updates in Indiana

Indiana Intellectual Property Blog

Tag Archives: Intellectual Property

Stories from the Week that Was – 11/13-11/19/11

20 Sunday Nov 2011

Posted by Kenan Farrell in Bloggers, Copyright, Entertainment Law, Intellectual Property, Legislation, Litigation, Musicians, Privacy, Social Media, Stories from the Week that Was, Tech Developments

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Intellectual Property, Righthaven, Social Media, Viacom

Stories from the Week that Was – 11/13-11/19/11

Press Russia on intellectual property: US lawmakers

Criminal Case Glut Impedes Civil Suits

Picking Brand Names in China Is a Business Itself

The Entrepreneurial Generation

The NLRB’s Obsession with Social Media Continues

Viacom so devastated by piracy that CEO gets $50 million raise

Woman decapitated after anti-crime blog, police say

Attorneys seek to auction Righthaven copyrights

Artists Sue CBS, CNET, for Promoting and Profiting from Piracy

SOPA and Protect IP: What Legal Nightmares Are Made of

Number of 90-plus people likely to quadruple by 2050

Are Digital Resale Markets Legal? Should They Be?

“Humanity is acquiring all the right technology for all the wrong reasons.” -R. Buckminster Fuller

Indiana Scientist Pleads Guilty to Stealing Trade Secrets for China

19 Wednesday Oct 2011

Posted by Kenan Farrell in Indiana, Intellectual Property, Litigation, Southern District of Indiana, Trade Secret

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Cargill Inc., Dow Chemical Co., Intellectual Property, Kexue Huang, Misappropriation of Trade Secrets, Southern District of Indiana, U.S. Economic Espionage Act of 1996

Indiana companies can take an extra dose of comfort today knowing the Indiana courts and prosecutors are protecting their valuable intellectual property. A Chinese-born scientist pleaded guilty on Tuesday to stealing valuable trade secrets about pesticides and food products from two major U.S. companies and sending the information to China and Germany.

Kexue Huang, 46, worked at a Dow Chemical Co subsidiary from 2003 to 2008 in Indiana where he led a team of scientists developing organic insecticides and then later for another agribusiness giant, privately held Cargill Inc.

Huang pleaded guilty in the United States District Court for the Southern District of Indiana to one count of stealing trade secrets from Cargill and one count of engaging in economic espionage at Dow, only the eighth case charged involving the U.S. Economic Espionage Act of 1996.

Click here for the full Reuters story or the original indictment over a year ago.

For more information on protecting your valuable trade secrets: Creating a Trade Secret Policy

Copyright Protection of Lecture Notes

14 Friday Oct 2011

Posted by Kenan Farrell in Copyright, Intellectual Property

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Copyright Protection, Intellectual Property

‘My economics teacher is forcing us to give up all of our work for the semester. Every page of notes and paper must be turned over to her to be destroyed to prevent future students from copying it. My binder was in my backpack, and she went into my backpack to take it. Is that legal?’ Besides the issue with private property invasion, which was the trigger of that post, there is much more important question: Can a teacher ask a student not to retain knowledge? How does IP law relate to teaching and sharing knowledge? Whose property are those notes?” – from Slashdot

I came across this question today and wanted to comment.  I won’t turn this into a full-blown legal analysis of copyright protection of class lecture notes, but there are some ideas I felt were important enough to mention.  Leaving aside the issue of the teacher going into the backpack, I’ll focus on the IP question because it just seems to keep popping up.  It’s a thorny issue that really shouldn’t be all that thorny.

First, keep in mind that facts and ideas are not protected by copyright.  Only the “expression” of facts or ideas can be protected.  When a student writes down notes from a lecture, he is primarily concerned with documenting the important facts and ideas of the lesson.  Any elements of the teacher’s expression that are copied into the notes are typically ancillary and of little real value to the student. Going further, it should be recognized that the facts and ideas that a teacher lectures on are primarily repackaged information that the teacher has derived from other sources.  A teacher seeking to enforce copyright ownership of this information is farcical at best.

I understand that classroom dynamics have been changing rapidly over the last few decades, with the introduction of photocopies, digital recorders, email, etc.  The “expression” of ideas, as opposed to the ideas themselves, can increasingly be captured verbatim.  Hence the growing and potentially misguided belief that copyright law needs to step in to protect a teacher’s expression of the facts. To the contrary, teachers need to get innovative and figure out how to embrace these technologies to further their one real goal…educating students.

Last year, a University of Florida professor brought a suit filled with interesting copyright claims against a commercial note-taking service.  To summarize, this service was paying students to take class notes and then sellingthose notes online as study aids.  I haven’t been able to locate an update to see how that case was resolved…it may have settled.  If someone has more information on the outcome, please leave a comment.  Regardless, the situation described in the question above does not involve a commercial note-taking service, just a tuition-paying, education-seeking economics student.  Therefore, many of the commercial elements that made the Florida professor’s copyright claims somewhat palatable do not exist here.

I find it remarkable that any teacher would ask a student to hand in all of their class resources at the end of a semester.  After all, there are actually students who go to university to gain knowledge they can use for the rest of their life…not just for the length of one semester and to be forgotten upon handing in the final exam.  Class materials, including quizzes, tests and lecture notes, are often important resources later in a student’s professional life.  Is the threat of future students copying the notes really so severe that it outweighs the potential value to the note-taking student?

Division of Intellectual Property upon Divorce in Indiana

09 Tuesday Aug 2011

Posted by Kenan Farrell in Indiana, Intellectual Property, Litigation

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Divorce, Intellectual Property

divorceDivorce is a social and legal issue that many people will unfortunately face at some time in their life.  One of the significant concerns for those involved is the effect of a divorce on property distribution among the spouses.  For many of my artist and musician clients, this can be a matter of increased importance, particularly whether divorce law considers intellectual property, including copyrights, as marital property for purposes of dividing property.  The important lesson here is that intellectual property can be a marital asset subject to equitable division in a divorce.

In Indiana, in the absence of a mutual agreement between the spouses, courts will follow state law in dividing property subsequent to granting the divorce.  Property is presumed to be divided equally.  As a general proposition, value created during the marriage should be divided, but any value created before or after the marriage should be excluded.  Of course, in many situations, the current value (i.e. during marriage) of intellectual property is speculative.  Even where an invention or work has been completely created during the marriage, most courts will recognize that time and effort must be spent developing the intellectual property into a source of income. For example, recorded songs may not yet be released or finished paintings may not be sold.  To the extent that this necessary development work is done after the marriage, intellectual property interests are separate property.

When dividing interests in intellectual property, Indiana courts are sensitive to the policies behind patent and copyright law as well as to the policies behind divorce law.  This often means that creative control remains with the inventor/creator spouse.  This result is strongly in both parties’ interests, as it maximizes the future income potential of the creative spouse, thereby making more dollars available for property and support awards.  Indiana courts have wide discretion in their division of property.

Amendments to Southern District of Indiana Local Rules – Effective January 1

27 Monday Dec 2010

Posted by Kenan Farrell in Intellectual Property

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Intellectual Property, Southern District of Indiana

Intellectual Property practitioners in Indiana should note that the United States District Court for the Southern District of Indiana has published Amendments to their Local Rules, effective January 1, 2011.

The pertinent Amendments involve Class Action designations (Local Rule 23.1) and Discovery Disputes (Local Rules 37.1 and 37.3).

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