Art and design are hard work, and you want to make sure that your unique piece is safe. Nobody wants to be the next internet horror story who's had their work ripped off by [insert hip retailer here]. At this edition of amUX you'll hear from Lis Shepard on types of legal protection, how to choose what’s best for you, and what to do before and after launching a product. • About the speaker Lis Shepard is a technology attorney who draws upon her experience in patent, trademark, copyright, and licensing law to provide counsel on strategic intellectual property protection and commercialization. Her practice centers on advising clients, from solo artists to major international corporations, on how to navigate the murky legal landscape applicable to emerging technologies and collaborative business models. Lis is a registered patent attorney selected as "Legal Elite"​ by Georgia Trend Magazine and a Georgia Super Lawyers Rising Star. Presented at amUX, March 2018 https://twitter.com/amuxatl

1. Art, Design, and Intellectual
Property Law: Legalities of
the Creative Process
Elisabeth K. Shepard
@elisabethk

2. When
to care
about IP
When someone has
ripped you off.
When you are
getting started.
Anytime you sign
a contract.
When you sell
your business.
When you receive a
cease and desist.

3. Where
do I start?
Copyrights
Trademarks
Trade Dress
Patents

4. Louis
Vuitton
example

5. Louis
Vuitton
example
Design Copyright
Trade Marks

6. But what
about UX?

7. Trademarks
and Trade Dress
● Protects the distinctive
image of the product
including color,
size,texture, graphics,
etc.
○ The Look and Feel
● Could last forever
● Must be both distinctive
and non-functional

8. ● Protects original works
of authorship fixed
in a tangible medium
of expression
● Longer term than patents
(life + 70 years)
● Registration not required,
but beneficial and
necessary for litigation
Copyright

9. ● Sword – Not Shield - A
patent is the right to
exclude any one else
from making, using,
offering to sell, selling or
importing the invention in
the U.S. during the patent
term
● Two main types
Patents

10. ● Utility patents protect
functionality
● Represents the vast
majority of patents
(90%+)
● Valid for 20 years
● Example: Pull to Refresh
patent owned by Twitter
Types of Patents
Utility

11. ● Design protects
appearance tied to
“article of manufacture,”
such as a screen
● Must be Non-functional
(ornamental)
● Valid for 15 years
● Example: Home Screen
design patent owned by
Apple
Types of Patents
Design

12. UX Design Patents

13. Smart
Phone
Patent
Wars
SUE ALL
THE
THINGS!

14. BlackBerry
v.
Facebook

15. Summary: Acquiring Rights
Trademarks & Trade Dress – by use in
interstate commerce, then registration
Copyright – by creating something “fixed,” then
perfected by registration
Patents – by application, examination, and grant

16. Summary: Protecting Rights
Mark your packaging, advertising, marketing materials, and websites
with appropriate IP notices. For example:
Copyright notice for electronic and printed publications:
© 2017 [COMPANY]
Trademark notice for products, packaging, and other materials:
[BRAND]® is a registered trademark of [COMPANY].
OR, if the mark is not registered:
[BRAND]™ is a trademark of [COMPANY].

17. Thanks!
@elisabethk