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Discussion QuestionA Baltimore artist named Frederick Bouchat designed what the Baltimore Ravens adopted as their first logo, but the team used the design from 1996 to 1998 without compensating or crediting Bouchat. Bouchat successfully sued the team for copyright infringement for using his logo, and the Ravens switched to their current logo after the 1998 season. Despite the Baltimore Ravens changing the logo design, Bouchat sued the Baltimore Ravens again, claiming that the Baltimore Ravens continued to use the original logo that he had designed after he won the first suit. Specifically, Bouchart complained that the logo he designed still appeared in highlight reels that were played in the Baltimore Ravens’ stadium. A United States District Court Judge dismissed the second suit filed by Bouchat on the grounds that the appearance of the Bouchat logo in highlight reels was allowable under the “fair use doctrine”. Bouchat appealed to the United States Court of Appeals for the Fourth Circuit that court agreed with the lower court, saying that the “fleeting and insubstantial” appearance of the logo in the videos and photos did not amount to copyright infringement. “Society’s interest in ensuring the creation of transformative works incidentally utilizing copyrighted material is legitimate no matter who the defendant may be,” the court wrote. What is the “fair use doctrine” and what interests are the “fair use doctrine” intended to protect? How does the “fair use doctrine” apply to the Bouchat case? Please be original and no references per the professor, must be in your own words. Response can be a paragraph or two.Textbook:Kubasek, N., Browne, M. N., Herron, D. J., Dhooge, L. J., & Barkacs, L. (2016). Dynamic business law: The essentials (3rd ed.). New York, NY: McGraw-Hill Education.
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UNIT III STUDY GUIDE
Real, Personal, and Intellectual Property
Course Learning Outcomes for Unit III
Upon completion of this unit, students should be able to:
6. Classify the different types of intellectual property.
6.1 Recognize how the topics of real, personal, and intellectual property are related.
6.2 Identify the similarities and differences among the methods for protecting intellectual property.
Reading Assignment
Chapter 8: Real, Personal, and Intellectual Property, pp. 150–170
Unit Lesson
Introduction to Property
Most people can easily identify certain types of property. The car you drive, the home you live in, the clothes
you own—these are all varieties of property. Real property, or “realty,” is land and everything permanently
attached to it. Personal property consists of tangible, movable objects. Intellectual property consists of those
intangible things that result from mental creativity, such as composing music, writing a book, and making a
scientific invention, rather than making a physical effort.
Real Property
Owning realty includes more than the surface of the land. Click here to see a diagram that depicts the entirety
of real estate ownership. It shows the three types of realty: airspace rights, surface rights, and mineral rights.
The significance of these three types is well illustrated in “Special Report: U.S. Builders Hoard Mineral Rights
Under New Homes” (Conlin & Grow, 2013). This describes how some homebuilders in the United States keep
the subsurface mineral rights for themselves, which is definitely a situation where caveat emptor (Let the
buyer beware!) applies. This situation illustrates an important aspect of property ownership—the bundle of
rights, which proposes that owning land is like owning a bundle of sticks, and each stick represents an
individual right. The report describes how some property developers kept a stick for themselves and sold the
bundles without the mineral or subsurface rights to the unwitting homebuyers (Conlin & Grow, 2013).
The textbook describes each of the various interests in land, including fee simple absolute, conditional estate,
life estate, future interest, and leasehold estate (Kubasek, Browne, Herron, Dhooge, & Barkacs, 2016). These
are possessory estates because they involve possessing the land but not having an ownership interest in the
land. Nonpossessory estates are interests in land that do not involve possession. Examples of this are
easements, profits, and licenses.
An example of an easement can be found here, which describes the creation of a conservation easement for
purposes such as historic preservation, natural resource-based outdoor recreation or education, watershed
preservation, and preservation of scenic open space. The party granting this easement retains ownership of
the land but is allowing it to be used by others for the stated purposes, without taking anything from the land.
In contrast, a profit allows the right to go onto someone’s land and take part of the land or a product of the
land away. If easements and profits are properly recorded, they are transferred with the land to subsequent
owners. Licenses, however, can provide the same rights but are revocable and temporary in nature.
Personal Property
Personal property specifically refers to tangible objects that can be physically moved (e.g., a car).
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UNIT x STUDY GUIDE
Intellectual Property (IP)
Title
One of the biggest challenges associated with the creation and ownership of intellectual property (IP) is the
fact that it has the nature of other types of property. This is often overlooked; however, IP is indeed property,
similar to realty and personal property, and it, too, carries a bundle of rights, both for the creator of the
property and for the community. Article I, Section 8, Clause 8 of the United States Constitution grants
Congress the power, “To promote the progress of science and useful arts, by securing for limited times to
authors and inventors the exclusive right to their respective writings and discoveries” (U.S. Const. art. I, § 8).
From this constitutional provision, the legislative and judicial system decides which rights to set aside for the
creators of IP and which will be left for the public. Possible IP creator rights include copyright, patent,
trademark, and trade secret.
Under the common law of copyright, a potential user (i.e., infringer) may be prevented from reproducing a
copyrighted work. To learn more about the costs, learn more about the process, and to review the forms
involved, visit the United States Copyright Office here.
Thomas Edison, the famed inventor, is responsible for three key innovations in the United States: the
phonograph, the incandescent light bulb, and a moving picture camera. He filed over 1,000 patents in his
lifetime (“Thomas Edison’s Patent,” n.d.). The patent application process is very unique in that the applicant is
required to literally provide a blueprint for his or her invention. A U.S. patent grants to the applicant 20 years
from the date of application the right to exclusively produce, sell, and use the object. After the exclusivity
period lapses, the patent expires, and anyone can produce, sell, and use the object. The blueprint provided in
the application is an exchange that bestows the exclusive right to the applicant but also can help others
reproduce the invention once the patent lapses. Many consider the patent to be the most protective of all the
forms of IP; however, it is also the shortest-lived. For more information on Thomas Edison’s Patent
Application for the Light Bulb (1880), click here.
A trademark connects a product or service with a specific producer. Trademarks are powerful business tools
in that they are designed to resonate with a consumer in a way that will perpetuate business (i.e., support the
brand identity). How do trademarks do that? Consider your last supermarket visit. While strolling down the
laundry detergent aisle, you see dozens of brands in colorful, uniquely shaped containers. You prefer Tide
laundry detergent and know that it is the orange bottle with the blue cap. Instantly, you see it and know that is
the detergent you want to purchase because you recognize the product among all of the others. This is the
power of the trademark. In this example, color, shape, and logo design are all factors. Can a sound be
trademarked? Click here to see and hear a list of federally-registered sound trademarks.
There is a multitude of rules that regulate the use of trademarks. The United States Trademark Law: Federal
Statutes may be viewed by clicking here.
The owner of a trade secret is required to take all reasonable precautions to prevent that secret from being
discovered by others. The formula for Coca-Cola is an excellent example of a trade secret. Coca-Cola
employees work in different and divided groups so that the formula remains a secret (Quinn, 2012).
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References
UNIT x STUDY GUIDE
Title
Conlin, M., & Grow, B. (2013, October 9). Special report: U.S. builders hoard mineral rights under new
homes. Retrieved from http://www.reuters.com/article/us-usa-fracking-rights-specialreportidUSBRE9980AZ20131009
Kubasek, N., Browne, M. N., Herron, D. J., Dhooge, L. J., & Barkacs, L. (2016). Dynamic business law: The
essentials (3rd ed.). New York, NY: McGraw-Hill Education.
Thomas Edison’s patent application for the light bulb (1880). (n.d.). Retrieved from
http://www.ourdocuments.gov/doc.php?flash=true&doc=46
Quinn, G. (2012, January 6). Vault with Coca-Cola trade secret formula on public display. Retrieved from
http://www.ipwatchdog.com/2012/01/06/vault-with-coca-cola-trade-secret-formula-on-publicdisplay/id=21588/
U.S. Const. art. I, § 3
Suggested Reading
The suggested readings below are provided to supplement key concepts in the Unit III Lesson.
Mitchell, R. T. (2011). Deed [of gift] of easement. Retrieved from
http://www.clarkelandconservation.org/files/2013/07/form_deed_of_gift_of_easement-07-06-11.pdf
Quinn, G. (2012, January 6). Vault with Coca-Cola trade secret formula on public display. Retrieved from
http://www.ipwatchdog.com/2012/01/06/vault-with-coca-cola-trade-secret-formula-on-publicdisplay/id=21588/
Schoofs, M. (2002, January 30). Physicians’ group defies patent law to bring AIDS drugs to South Africa. The
Wall Street Journal. Retrieved from http://www.wsj.com/articles/SB1012338297451348120
Thomas Edison’s patent application for the light bulb (1880). (n.d.). Retrieved from
http://www.ourdocuments.gov/doc.php?flash=true&doc=46
Trademark “sound mark” examples. (n.d.). Retrieved from
http://www.uspto.gov/trademark/soundmarks/trademark-sound-mark-examples
United States Copyright Office. (n.d.). Forms. Retrieved from http://copyright.gov/forms/
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