LEGAL DISCLAIMER
The information in this resource should not be considered legal advice. The purpose of this guide is to provide Douglas College students and faculty with general information about copyright. To view Douglas College's official policy on copyright please go to: A08.01.01 College Use of Copyrighted Works
COPYRIGHT: DEFINITION AND PURPOSE
Copyright is a bundle of exclusive legal rights that governs the use of works. The Copyright Act protects works from being copied, distributed, performed, or modified without the consent of the copyright owner ( usually the creator of the work). These rights enable owners to receive compensation for – and control the use of – their works. Copyright law includes user’s rights such as Fair Dealing to facilitate reasonable access to works.
COPYRIGHT AND INTELLECTUAL PROPERTY
Copyright is one type of intellectual property; other forms include patents and trademarks. Intellectual property can be broadly defined as “products of human intellect or creativity” that are legally protected. There are six distinct branches of intellectual property (IP).
This guide will focus on copyright but a general understanding of other IP types is recommended. People sometimes confuse copyright with other forms of intellectual property. Another pertinent issue is that a product that is not eligible for copyright protection might be covered by another form of intellectual property. An example would be a slogan that is protected by a trademark.
This chart briefly defines the different types of intellectual property and contains links to related statutes and help guides
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TYPE |
PROTECTS |
LEGISLATION |
MORE INFORMATION |
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Trademarks |
A word, symbol or design, or combination of these. Used to distinguish the goods or services of one party from those of another. |
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Patents |
Inventions |
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Industrial Designs |
Shapes, configurations, patterns or ornament s applied to a manufactured article. Provides protection against imitation and unauthorized use. |
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Integrated Circuit Topographies |
a) The three-dimensional configuration of the electronic circuits embodied in integrated circuit products or layout designs. |
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Trade Secrets and Confidential Information |
formulas, patterns, compilations, devices, processes, codes, data that are specific to its owner, providing a business advantage over a competitor and are kept secret or confidential. |
Not protected by a statute – protected by common law |
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