دانلود رایگان مقاله تبیین کپی رایت و استفاده عادلانه از علامت تجاری برای مدیران

Abstract

Many managers seek to use existing information in the branding, marketing, and general operations of their business. When that information belongs to another entity, managers risk legal liability unless they obtain the proper permissions or use the information in a way that does not infringe intellectual property rights. Currently, substantial confusion exists regarding when such permissions are required and how to avoid infringing others’ rights. This installment of Business Law & Ethics Corner provides managers with basic information about the proper use of copyrighted and trademarked material, including an overview of the doctrine of fair use as applied in the copyright and trademark contexts.

3. Business implications While the prior sections serve to educate business leaders regarding fair use of protected materials, we next outline important takeaways for managers. Table 2 provides a list of the recommended do’s and don’ts. First, managers should familiarize themselves with the common myths about copyright and trademark fair use outlined in Section 2.1. Acknowledging the owners of borrowed materials does not protect against infringement; similarly, using only a small amount or percentage of a protected work does not necessarily avoid legal liability. Lack of formal registration with the U.S. Copyright Office or USPTO does not automatically mean materials are free to use. Likewise, the omission of symbols (e.g., #, TM, or 1) does not constitute use in the public domain. While the context in which protected materials are used is an important consideration in application of the fair use doctrine, non-commercial use does not in and of itself necessarily constitute fair use. Lastly, the Internet is not public domain. While much public domain material can be accessed through the Internet, it is dangerous to assume that all material found on the Internet is in the public domain. These myths continue to persist despite their inaccuracy and potentially detrimental consequences. Unfortunately, it is not uncommon to find harmful business advice that embraces these very myths. That is why it is imperative for managers to be aware of what constitutes fair use.