This document summarizes a presentation given by an intellectual property attorney at the University of New Hampshire on April 29, 2015. The presentation covered various topics related to intellectual property protection for creative works, including copyrights, trademarks, patents, and how intellectual property laws promote and protect creative expression and invention. Specific data was presented on the economic contribution of creative industries in New Hampshire and the United States. Examples of how intellectual property protections could apply to the fictional Game of Thrones books and the Microsoft Windows operating system were also discussed.

1. University of New Hampshire
April 29, 2015
with Kim Peaslee
Intellectual Property Attorney

4. is a manifestation of creative effort
having a degree of arbitrariness,
such that it is improbable that two
people would independently create
the same work.

6. “THE LIFE OF THE ARTS, FAR FROM BEING
AN INTERRUPTION, A DISTRACTION, IN
THE LIFE OF A NATION, IS VERY CLOSE TO
THE CENTER OF A NATION’S PURPOSE –
AND IS A TEST OF THE QUALITY OF A
NATION’S CIVILIZATION” – John F. Kennedy

9. “Creative” generally means “cultural
expression,” but it can also include “intellectual
invention.”
Regardless, a Creative Economy consists of
three main groups:
1) creators,
2) consumers, and
3) supporters.

10.  Creative Works Revenue Received FY10 – FY15
 $740,000 of the $2.56M
 ~29%
 Creative Works Disclosures FY10 – FY15
 74 out of 221
 ~33%
 Creative Works Licenses FY10 – FY15
 158 of 492
 ~32%

11.  Most recent data is from 2009
 Relates only to cultural non-profits:
 Employed 3000 people
 Contributed $278 Million via direct and indirect methods
 Does not include:
 independent artists,
 R&D,
 for profit or educational cultural activities

12.  Most recent data is from 2012
 Arts and Cultural Production
 Contributed $700 Billion
 ~ 4.3% of G.D.P.
 Greater than the contribution from Construction
 Greater than the contribution from Transportation and
Warehousing

13.  ARTICLE 1, SECTION 8, CLAUSE 8
 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
 Genesis of copyright and patent law

14.  Patents
◦ Design
◦ Utility
 Trademarks
◦ Trade Dress
 Copyright
 Trade Secrets

15.  Cost of protection
 Benefits of protection
◦ Exclusivity
◦ Ability to generate revenue
 Risks of not having protection
◦ no ability to cross license
◦ injunctions
 Desired scope of protection
◦ Examine the likely forms of infringement
 Personal beliefs

16. Example 1: Game of Thrones book

17.  Protects what an article looks like, not
what it does (that is a utility patent)
 New, non-obvious, ornamental designs
of an article of manufacture (tangible
and virtual (e.g. GUI))
 Term of 15 years
 Possible protectable elements:
 Gears, buckles, rope binding,
circular motif in center, …
 Compare prior art and patent. What is
different is what is protectable.

18.  Source identification - All about
consumer protection
 HBO has over 25 trademark
applications either pending or
registered for Game Of Thrones
 Word mark and design
 Multiple classes (e.g., from lip
balm to entertainment services)
 Likelihood of confusion

19.  protects original expressions of
ideas once fixed in a tangible
medium
 Text (screen play, novel, etc.)
 Cover art and other illustrations
 Logos as ornamental designs
 Paper sculptures
 protects against copying,
distribution, display, derivative
works, etc.
 Khalisi but not queen who raised
three dragons

20. Example 2: Microsoft Windows product

21.  Protects what an article looks like, not
what it does (that is a utility patent)
 New, non-obvious, ornamental designs
of an article of manufacture (tangible
and virtual (e.g. GUI ))
 Term of 15 years
 Possible protectable elements:
 animation, associated GUI, series
of 2D slices
 Compare prior art and patent. What is
different is what is protectable.

22.  Source identification - all about
consumer protection
 Microsoft has over 40 trademark
applications either pending or
registered for “Windows”
 Word mark, design, sounds (8),
animation?
 Multiple classes (e.g., from computer
services to trade shows)
 Likelihood of confusion
 Trade Dress Limitations – functionality

23.  protects original expressions of
ideas once fixed in a tangible
medium
 Software code, APIs(?)
 Manuals
 Logos as ornamental designs
 copying, distribution, display,
derivative works, etc.
 Limitations – merger
(functionality)

24.  There are many forms of Creative Works
 There are many ways to protect and commercialize
CWs
 Today’s Topics:
◦ Copyright and Trademark Fundamentals
◦ Fair Use and Open Source
◦ The UNH IP Policy
◦ Deconstructing a Copyright (IP) License
◦ Commercialization of Creative Works

27. Please feel free to contact me with any questions.
Kimberly A. W. Peaslee, Ph.D.
kpeaslee@uptonhatfield.com
(603) 224-7791
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contained in this presentation constitutes legal advice. Please consult a licensed attorney for specific legal
advice relating to any or all of the subjects discussed herein. All of the information contained herein is
subject to change at any time. Upton & Hatfield, LLP shall not be held liable for any losses or damages
arising from the use of any information contained in this presentation.