IP Verification Policy
Identify the Material:
Determine the specific content under consideration (e.g., text, images, logos, etc.).
Review Copyright and Trademark:
Use Online Tools and Databases:
Copyright Search:
Visit the U.S. Copyright Office website or other relevant copyright offices in appropriate country.
Search for registered works similar to the material under examination.
Look for any matches or similarities.
Trademark Search:
Use the United States Patent and Trademark Office (USPTO) database or similar databases in appropriate country.
Search for registered trademarks related to the material.
Pay attention to similar names, logos, or slogans.
Plagiarism Checkers:
Use online plagiarism detection tools to compare the material against existing content.
These tools can identify similarities and potential violations.
Review Licensing and Permissions:
Check if the material has proper licensing or permissions.
Look for Creative Commons licenses, public domain status, or specific usage rights.
If you find a license, ensure compliance with its terms.
Analyze Context and Purpose:
Consider how the material is used.
Parody, commentary, and fair use may be exceptions to copyright infringement.
Trademark use in a descriptive or non-confusing manner may be permissible.
Seek Legal Advice (if necessary):
When unsure, consult with legal professionals specializing in intellectual property law.
They can provide guidance based on specific cases and jurisdictions.
Copyright Basics
Definition: Copyright protects original works of authorship fixed in any tangible medium (e.g., books, music, software).
Purpose: To foster creation and dissemination of works for the public benefit.
Exclusive Rights: Authors have the exclusive right to authorize certain uses of their works.
U.S. Constitution: Article I, Section 8 grants Congress the power to promote progress in science and arts by securing authors’ exclusive rights.
International Protection: The U.S. is part of international agreements ensuring copyright protection globally
Trademark Basics
Definition: Trademarks identify the source of goods or services (e.g., brand names, logos, slogans).
Purpose: To protect symbols associated with a business and prevent confusion among consumers.
Distinctiveness: Trademarks must be distinctive and not generic.
Common Use: Trademarks are established through consistent use in business.
Difference from Copyright: Trademarks protect brand identity, while copyright covers creative works.