Know Your (Copy) Rights

Today, too many creators take a passive attitude toward their copyrights.  So say the authors of Columbia University Law School's Keep Your Copyrights website. 

Geared toward artists, but also a good resource for publishers, agents, and distributors, the site is designed to help creators hold on to their copyrights, to license their rights on author-friendly terms, and in general to encourage creators to take a more active role in managing the life of their creative work.  The premise for the website is the assumption that publishers expect artists to be unfamiliar with their legal rights under copyright and contract law, and assume they wouldn't know a good copyright contract clause from a bad one, or that creators, eager to publish and make money, will be too intimidated to object to "form contracts" or other one-sided contracts pushed by publishers and distributors. 

One of the most useful parts of the website is the easy-to-read and understand sample contract provisions culled from example contracts, each "creator-friendly" contract clause labeled with a green THUMBS-UP!  while "creator-unfriendly" contract clauses are labeled with an orange THUMBS-DOWN!  Contract terms that ask the creator to give up too much of his or her rights for little in return are characterized as "incredibly overreaching" and shown with a red claw.

This website is an excellent resource for those looking for example/sample contracts, such as those involving rights of exclusive use, non-exclusive use, grant back, new media rights, changes to the work, geographic scope, duration of grant, general assignment of copyright, notice, works made for hire, reversion of rights.  The website includes content specific to writers, photographers, filmmakers, musician, visual artist, contest entry form creators, user-generated content submissions, commissioned works, literary authors, journalists, academic authors, and video game designers.

Related: for those looking to allow others to publish, copy, and distribute works on-line under a creative commons license should review the Creative Commons nonprofit corporation website.

Patent Office Will Accept New Application Format

     The US Patent & Trademark Office (USPTO), the European Patent Office (EPO), and the Japan Patent Office (JPO) agreed on a common patent application format (CAF), which is shown below.

     The USPTO states that its rules and procedure are consistent with the CAF, and that while some of the requirements of the CAF go beyond what the USPTO requires, the USPTO will accept an application in the CAF. It is noteworthy that the CAF does not include U.S.-specific requirements and optional content, including (1) cross-reference to related applications, (2) a statement regarding federally sponsored research or development, and (3) the names of the parties to a joint research agreement. Items (1), (2), and (3) may still need to be included in an application that otherwise follows the CAF.

     The EPO is planning to implement the CAF in the beginning of 2009 (paper, PDF and XML format will be accepted). The JPO is preparing for the introduction of the CAF in early 2009, except that the sequence listing is a separate part of the description, and that the request contains the number of the figure of the drawings which the applicant suggests should accompany the abstract are scheduled to be introduced in 2011.

ACCEPTABLE COMMON APPLICATION FORMAT FOR PATENT APPLICATIONS 

Description

Title of Invention

Technical Field

Background Art

Summary of Invention

Technical Problem

Solution to Problem

Advantageous Effects of Invention

Brief Description of Drawings

Description of Embodiments

Examples

Industrial Applicability

Reference Signs List

Reference to Deposited Biological Material

Sequence Listing Free Text

Citation List

Patent Literature

Non Patent Literature

Claims

Abstract

Drawings

Sequence Listing

Notes:

  • Link to the PTO notice
  • Link to the MPEP showing the current acceptable application format