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tangible medium of expression." Copyrights extend only to the expression of creations of the mind, not to the ideas themselves. The Federal law governing copyrights expressly excludes from copyright protection "any idea, procedure, process, system, method of operation, concept, principle |
or discovery." In other words, a pure idea, such as a plan to create an innovative software program, cannot be copyrighted, no matter how original or creative it is. Copyright protection begins when the work is created. This means that |
there does not have to be a copyright notice, publication of the work or registration to secure the copyright. It is, of course, advisable to take these measures. - Ownership of Copyright. As a general rule, the creator of a |
work owns the copyright. The person who owns the copyright also automatically owns the exclusive rights to it and the rights to prevent others from copying, distributing, or preparing works based on the copyrighted materials. - Works for Hire: Employees |
and Independent Contractors. Works for Hire are an important exception to the general rule that a person owns the copyright in a work he or she has created. If a work was created by an employee as part of his |
or her job, the law considers the product a work for hire, and the employer will own the copyright. If the creator is an independent contractor, the works will be considered works for hire only if: (1) the parties have |
signed a written agreement stating that the work will be a work for hire; and (2) the work is commissioned as a contribution to a collective work, a supplementary work, an instructional text, answer material for a test, an atlas, |
motion picture, or an audiovisual work. Thus, unless there is a contractual agreement to the contrary, and the work fits within one of the above categories the independent contractor owns the copyright. - Creations by an Independent Contractor. The copyright |
developed by an independent contractor is owned by the independent contractor unless the contractor has signed an agreement to the contrary. The contract must state that the contractor conveys the copyright ownership in all works created under the contract to |
the engaging party. - Trade Secret. All that is necessary for something to be protectable as a trade secret is that (1) it gives the owner a competitive advantage; (2) it is treated as a secret by the owner; and |
(3) it is not generally known in the industry or business. A trade secret may be lost if the owner fails to identify it or take reasonable steps to protect it. Otherwise, trade secret protection is perpetual. The fundamental question |
of trade secret law is, what is protectable? Clear examples are discoveries, ideas, designs, and specifications. However, even the way you use knowledge and information or the assembly of information itself may be a trade secret even if everything you |
consider important for your secret is publicly available information. An example of this is supplier and customer lists. - Trademark. Patent, copyright and trade secret laws do not protect names, titles or phrases. A trademark is any word, name, logo |
or other symbol adopted and used by a person, manufacturer or merchant group that identifies and distinguishes its goods from those manufactured or sold by others. - License vs. Sale. A license is an agreement between the owner of the |
intellectual property (the licensor) and a third party (the licensee) which gives permission to the licensee to use the technology in a manner that would otherwise be reserved exclusively to the licensor, as owner. For example, the licensor of the |
software program will convey a right to the licensee to use the program and reproduce the program under certain defined circumstances. The licensee is restricted in his or her use of the program and does not receive any ownership rights |
to the software. By contrast, a sale involves the transfer of an ownership interest in the property. In the case of mass marketed shrink wrap software, the buyer is purchasing a copy of the copyrighted program. However, the buyer is |
not purchasing an ownership interest in the intellectual property itself. The buyer is restricted by copyright law from reproducing the software (except for backup copies) or making derivative works. PRACTICAL APPLICATIONS. With basic definitions in place, let us turn to |
some practical issues that arise in business with frequency and involve intellectual property law. - Independent Contractors: Who Owns the Intellectual Property? Many companies turn to outside consultants to develop software, etc whether alone or in combination with company employees. |
From a technical and business standpoint, this may be the most practical approach. But is can raise the important legal issue of who owns the intellectual property rights to the work created? Since an independent contractor is not an employee, |
the copyright in the software created by the independent contractor does not automatically belong to the company, as it likely would under the "work for hire" principles applicable to employees. Instead of owning the copyright, the company would probably only |
be authorized to use a copy of the software and to modify it as necessary for operating its own business. If your company expects to obtain ownership of the copyright to the software, it is imperative to have the consultant |
sign an agreement stating that all intellectual property rights in the software and related documentation he or she creates for the company belong to the company, either as a work made for hire or, alternatively, by assignment to the company |
under the agreement. - Contract Manufacturing: Outsourcing the Design or Manufacture of the Product - Outsourcing the Design. Outsourcing is becoming a more common way of doing business as companies streamline their operations and cut costs. If your company is |
outsourcing the design of a product, the discussion above relating to independent contractors is applicable. Your contract should clearly specify that the outsourcer will assign all its rights in the design to your company and your company will be the |
sole owner. If you do not have such a provision, the outsourcer will likely be the owner of the information it developed. - Manufacturing to Your Specifications. If the contract manufacturer will be building product to your company's specifications, your |
company will be handing over large amounts of confidential information and data to its supplier. This information may be in the form of software, databases, specifications, bills of material, statistics and memos and will all constitute trade secrets of the |
company. In order to protect the trade secret status of the information, it is imperative that two steps be taken: (1) The information be clearly marked that it is Confidential or Proprietary to the company; and (2) The supplier sign |
a non-disclosure agreement which requires the supplier to hold the information in confidence. Keep in mind that in order for trade secrets to maintain their confidential status, the owner must take steps necessary to keep the information secret. Failure to |
identify the information as secret and to require a written agreement to maintain secrecy endangers the confidential information. - I.T. Outsourcers and Software Licenses. As companies increasingly rely on outsourcing vendors to perform computer-related functions, these outsourcers often require access |
to software licensed to their customers by third-party software licensors. Most software licenses restrict assignment (transfer) of the software to a third party without the consent of the licensor. The practical effect of this clause is to prevent giving outsourcers |
access to the licensed software. As a result, licensee must obtain consent from software licensors to allow outsourcers to use the software. Licensors may be unwilling to provide consent and have, in some cases, insisted on payment of additional license |
fees. To avoid such situations, it is advisable to include a clause in any new license agreement which extends the scope of permissible uses of the software to allow outsourcers to use the licensed software in the performance of outsourcing |
functions. - Sole Source Suppliers and Escrow. While a sole/single source alliance can benefit both the buyer and the supplier companies through the creation of a more solid business/ partnering arrangement, the downside occurs if the supplier is unable to |
deliver. In order to understand the full impact of this"downside", just be reminded of any recent problem you have had obtaining product from your sole source supplier. What measures can be taken to protect our companies from these downside possibilities? |
While contracts are limited in their abilities to "solve" a problem, they can be helpful in addressing the issues to facilitate a solution. Consider requiring that your supplier establish an escrow account in which the supplier deposits all designs, manufacturing |
data, processes, etc. necessary to manufacture and support the product. In addition, and if the bill of material for the product includes purchase of certain proprietary products, the supplier would deposit authorization that the buyer be able to purchase these |
proprietary products from third party suppliers. The contract would grant your company a license to use all the information in the escrow account if the supplier does not perform its contract obligations. Keep in mind that in order to be |
able to effectively use this information, your company might likely first require technical understanding of the products. If that is the case, your contract will want to obligate the supplier to provide access to and training in the understanding and |
use of the information and data during the actual contract performance. - Employee Issues: Confidentiality; Ownership; Nonsolicitation; Noncompete - Confidentiality. The issue of confidential information and the employee's responsibility is two pronged. The first prong relates to that confidential information |
which the employee either develops or learns in the course of his or her employment with the company. In general, state laws provide that an employee may not, either during or after his employment, divulge or use trade secrets which |
were developed by him during his employment or divulged to him by his employer, even absent an express agreement. The rationale is that a employee is in a relationship of trust and confidence with the company. In addition, most companies |
require that their employees sign an agreement which acknowledges that the employee will maintain the confidentiality of the company's trade secret information both during and after employment. The problematic aspect of this issue is raised when the employee wants to |
go to work for a competitor of the employer. The employee should be aware that under appropriate circumstances, the ex-employer may prevent the employee from going to work at a competitor if the following three factors are found to exist: |
(1) The former employee has knowledge of the first employer's trade secrets; (2) The employee's new job duties (and the products and technology he is working on) are so similar to those in the former position that it would be |
extremely difficult for him not to rely on or use the first employer's trade secrets; and (3) The former employee and the new employer cannot be depended upon to avoid using the trade secret information. The second prong relates to |
that confidential information provided by a third party to the employee's company. In those cases in which the employer signs a non-disclosure agreement to maintain the trade secrets of a third party, the employee -as an agent of the recipient |
company - is bound to the non-disclosure agreement and must abide by the confidentiality provisions. Failure to do so may subject both the company and the employee to damages. - Ownership of Intellectual Property. If a work was created by |
an employee as part of his or her job, the law considers the product a work for hire, and the employer will own the intellectual property rights to that work, as explained above. A work for hire is defined as |
"a work made by an employee within the scope of his or her employment". In many instances, the courts have considered the intellectual property rights to a product developed by the employee to belong to the employer when the employee |
used company resources in developing the product, even if the employee's development was done outside working hours. - Non-Compete and Non-Solicitation Agreements. The non-compete clause prevents the ex-employee from working for a competitor or going into a business which competes |
with his or her ex-employer. The non-solicitation clause restricts the ex-employee from soliciting the business of the ex-employer's customers or suppliers. The enforceability of these provisions vary by state. For example, in most employee/employer circumstances, California does not recognize the |
enforceability of a non-compete clause. Even in those states that do enforce non-compete provisions, the clauses must be narrowly written such that they are reasonable in time and geography limitations. The enforceability of the clause generally revolves around the underlying |
question of: Is there a legitimate business purpose for such restriction? In the absence of a sound business reason, the courts are reluctant to enforce a non-compete clause. The non-solicitation clause will come under similar scrutiny in terms of reasonable |
time period and location, but is more often enforced by courts. A non-solicitation agreement may restrict the ex-employee from doing business with a supplier or customer of the ex-employer for a certain period of time. Back to Top |
One in ten natural World Heritage Sites in Danger 23 June 2012 | News story UNESCO’s World Heritage Committee’s annual meeting, which starts in St Petersburg on Sunday, will see a total of 36 new sites considered for inscription as natural and cultural sites, and a series of monitoring reports on the sites already list... |
and it will need to do much more to protect its listed sites in the next ten years, and especially those that are in Danger, if the gold standard of World Heritage listing is to be retained. This fortieth anniversary year of the Convention is celebrating communities, and we consider greater benefits from World Heritage... |
key requirement for conservation success.” The International Union for Conservation of Nature (IUCN), World Heritage’s advisory body on nature, will present its expert recommendations for four new natural areas and its findings about World Heritage Sites with imminent threats to their values. IUCN recommends four natur... |
the Republic of Congo, Lakes of Ounianga in Chad, Chengjiang fossil site in China and Rock Islands Southern Lagoon in Palau. In addition, reports will be made on 56 other iconic sites, including on the issues facing Galapagos Islands, Great Barrier Reef and Serengeti. IUCN is recommending Lake Turkana National Parks in... |
Komi Forests in Russia and Dja Faunal Reserve in Cameroun to be added to the Danger list. Natural World Heritage sites in West and Central Africa face the most serious threats, mainly from mining, oil and gas exploration, poaching and armed conflicts. Iconic places such as Niokolo-Koba National Park in Senegal and Mano... |
in imminent danger of losing their Outstanding Universal Value. 10 out of 16 natural and mixed (natural and cultural) sites in the region are on the Danger list. “The need for urgent action to save what is left of these parks is evident,” says Mariam Kenza Ali, World Heritage Conservation Officer at IUCN. “In Niokolo-K... |
elephant population is almost gone, very few lions remain and the population of most of the antelopes’ species have been decimated. The situation is the same in Comoé National Park, Ivory Coast and is equally critical in many other protected areas in the region. The funding to make rescue plans work is difficult to fin... |
is missing dramatically.” Mining and oil and gas exploration within World Heritage Sites is also on the rise, according to IUCN. Such activities are already causing irreversible damage to places of unique natural value such as Virunga in DRC and Virgin Komi Forests in Russia. An independent report on World Heritage sit... |
the World Heritage St Petersburg meeting. Its recommendations will include the establishment of a level playing field for all parties so that policies related to extractive industries are as uniform as possible, regardless of the country in which the World Heritage Site is located. For more information or to set up int... |
Written By International Women's Health CoalitionWednesday, 15 May 2013The following joint letter was submitted by women's rights organizations to the High Level Panel on the Post-2015 Development Agenda. Written By |
International Women's Health CoalitionThursday, 26 April 2012Universal access to reproductive health is vital to the effective implementation of population, health and development policies and to the success of the Millennium |
Development Goals (MDGs). This IWHC brief describes in practical terms the justification for and components of the essential policy and program package. Written By International Women's Health CoalitionFriday, 30 September |
2011 Today’s generation of adolescents is the largest ever - there are 1.2 billion people between the ages of 10 and 19 alive today. To protect their health and rights, |
young people need evidence-based, accurate information about their sexual and reproductive health, as well as support and skills to feel comfortable and confident about their bodies and their sexuality. While |
adolescence is a time for growth and learning, often young people confront multiple threats to their health and their lives such as violence and sexual coercion, unintended pregnancies, and sexually |
transmitted infections (STIs) including HIV. Comprehensive sexuality education (CSE) provides young people with the necessary skills and information to make free and informed decisions about their health, and enjoy safe |
and satisfying relationships. Written By International Women's Health CoalitionThursday, 04 November 2010 To enjoy safe and satisfying sexual lives, young people must be able to exercise their basic human rights. |
A rights- based approach to comprehensive sexuality education not only helps young people acquire accurate information about their bodies and sex, but also approaches sexuality holistically; equipping young people with |
the skills they need to forge emotionally and socially healthy relationships. It’s All One is a gorgeous two book collection of guidelines and activities that are examples of comprehensive sexuality |
education. For this work, IWHC collaborated with the International Planned Parenthood Foundation, International Planned Parenthood Foundation Western Hemisphere, Mexfam, the Population Council, and our partners CREA and the Girls Power |
Initiative. You can download each volume below as a PDF, or request a hard copy. Book 1: GUIDELINES Curriculum content that places gender issues and human rights at the heart |
of sex and HIV education. Download PDF here. Book 2: ACTIVITIES 54 activities that engage young people and foster critical thinking skills. Download PDF here. Written By International Women's Health |
CoalitionMonday, 21 December 2009Each year, the International Women's Health Coalition issues the "Top Ten Wins for Women's Health and Rights." Written By International Women's Health CoalitionTuesday, 03 February 2009 This |
post is by Audacia Ray and originally appeared on Our Bodies, Our Blog on January 26, 2009. Demand for newer and better devices that protect against pregnancy and sexually transmitted |
infections is constant — partly due to the fact that the process of development, testing and approval takes forever, and partly because what’s on the market often leaves something to |
be desired. Written By International Women's Health CoalitionMonday, 22 December 2008Each year, the International Women's Health Coalition issues the "Top Ten Wins for Women's Health and Rights." Written By International |
Women's Health CoalitionMonday, 25 August 2008 Guest blog by Neha Sood, member of the Youth Coalition, With Women Worldwide Compact signatory, and Young Visionary. Originally posted on RHRealityCheck.org. Written By |
site to see videos, read eyewitness accounts and much more. Number to Know 8: The number of Santa's original reindeer. Rudolph wasn’t created until about 100 years after the others. This Day in History Dec. 7, 1941: Attack on Pearl Harbor – The Imperial Japanese Navy attacks the U.S. Pacific Fleet and its defending Arm... |
Hawaii. Today’s Featured Birthday Basketball legend Larry Bird (56) “One of the most glorious messes in the world is the mess created in the living room on Christmas day. Don't clean it up too quickly.” - Andy Rooney |
Corn estimate lowered to reflect harvestThe U.S. Department of Agriculture on Thursday slightly lowered its projection for the nation’s corn crop for a fourth straight month, reflecting worse-than-expected news about the actual impact of this year’s withering drought from the farmers busy harvesting their fields. The U... |
amount since 2006. Last month’s estimate was 10.73 billion bushels. By: By David Pitt, Associated Press, The Jamestown Sun DES MOINES, Iowa — The U.S. Department of Agriculture on Thursday slightly lowered its projection for the nation’s corn crop for a fourth straight month, reflecting worse-than-expected news about t... |
USDA estimates that farmers will harvest 10.71 billion bushels of corn this year, which would be the smallest amount since 2006. Last month’s estimate was 10.73 billion bushels. Crop estimates change as fields are harvested and farmers get a better sense of how the weather affected yields. The U.S. has been experiencin... |
harsh in many of the key Midwest and Plains farming states. Farmers have harvested 69 percent of the nation’s corn already this year, which is well ahead of the 28 percent that would be harvested by this time in a typical year. The average yield is about 122 bushels per acre, which is down from last month’s estimate of... |
lowest average yield since 1995 and is significantly below last year’s yield of nearly 153 bushels per acre. Although the drought dried up the soil in many parts of the U.S., the corn harvest was surprisingly good in some areas, said Darin Newsom, senior analyst for Telvent DTN, a commodity trading and information prov... |
still well below what had been anticipated earlier this year,” Newsom added. In Iowa, for example, the nation’s leading corn producer, production will be about 19 percent lower than last year at about 1.92 billion bushels. Neighboring Nebraska will see production down about 15 percent from last year at 1.3 billion bush... |
bushels from last year and Indiana’s slid 28 percent. Minnesota corn farmers lucked out this year, getting at least some rain that helped avert the dire conditions further south. They saw a 15 percent increase in corn production to 1.39 billion bushels and an 8 percent yield increase to 168 bushels per acre from last y... |
year than in any other since 1937, so despite the widespread drought, the U.S. is expected to produce its eighth largest corn crop on record. Farmers planted about 97 million acres in corn, which is far more than just a decade ago when fewer than 80 million acres were planted. They are expected to harvest about 88 mill... |
now estimated at 11.77 billion bushels, which is down from last month’s estimate of 11.98 billion bushels. The report is expected to boost prices for the next few days as the market reacts to the lower production and tighter supply estimates, but analysts expect a calming of the market now that the harvest is in its fi... |
Corn for December delivery was trading at around $7.71 a bushel. It had hit a record high of $8.49 a bushel in August, but it has since settled down. The USDA estimated the season average price for corn now at between $7.10 and $8.50 per bushel, about 10 cents lower on both ends of the range from its September estimate... |
level could have in impact on grocery bills, mostly meat and eggs since corn is used as a staple in chicken, cattle and pig feed. Global supplies of corn remain tight and the major users — livestock farmers, the ethanol industry and other countries importing it — will be forced to negotiate their level of use, a sort o... |
in years of low supply. Soybean production was increased to 2.86 billion bushels as farmers harvest more acres and bring in better yields than had been expected earlier. Soybeans mature later in the growing season than corn and the plants withstood the drought better and some areas received rain in time to help the pla... |
74.6 million acres the month before. The soybean yield is projected at 37.8 bushels per acre, up from the previous month’s estimate of 35.3 bushels. Soybean supplies were increased 10 percent to 3.05 billion bushels. “It’s still not going to be enough. It’s going to be a very tight situation,” Newsom said. Globally soy... |
level of demand, which likely will keep prices up. Soybeans for November delivery hit a record high $17.89 in early September but settled down in recent weeks and were trading at $15.48 a bushel. |
Let's take action It's time to wake up to the alarming increase of diet-related illnesses worldwide. There are no shortcuts and we have a big job ahead of us to make people recognise the seriousness of this epidemic. Jamie Oliver's |
Kitchen Garden Project aims to create real, sustainable change, and it's as simple as providing kids with the knowledge and skills to feed themselves better. We strongly believe that educating kids about food at a young age will set them |
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