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7 CHAPTER 2 REFERENCE MATERIALS AND WEB BOARD USE OVERVIEW Intellectual Property This chapter offers guidance on a wide range of subjects Loosely defined, intellectual property is an asset derived to address in preparation for writing the actual practice. The from the work of a person's intellect or mind that can be chapter begins with a primer on legal considerations, which protected by federal and state law. The Founding Fathers rec- all Guidebook users are strongly urged to read. The chapter ognized the importance of protecting original ideas, as continues by explaining how to locate essential background evidenced in the U.S. Constitution, which grants authors and material, such as manufacturer's manuals and other publica- inventors exclusive right to their material for a certain period of tions, by using the Internet-based Web Board or more tradi- time. There are basically four types of intellectual property: tional means. It then describes how to prioritize the collected copyrights, patents, trademarks, and trade secrets. Copyrights material, include any local conditions that may affect the have the most significance to this project. practice, develop standard repair times, and integrate prac- tices with your training program. The chapter concludes with an overview of regulatory and safety issues. Although the Copyrights material is extensive, you can use it as you would any refer- ence document by reading the chapter in its entirety or by Protecting copyrights is the most important intellectual using the table of contents to locate material of particular property consideration that agencies face when developing interest and need. and sharing written maintenance practices. A copyright is defined as a work of authorship that is original and fixed in a tangible medium of expression, such as in a repair manual, computer document, or DVD. Copyrights are automatically PART 1: LEGAL CONSIDERATIONS protected; there is no legal requirement to file with the U. S. Overview Copyright Office (at the Library of Congress). Examples of material protected by copyrights include, but are not limited Virtually every human activity involves legal considera- to, literary works; computer programs (including databases tions. Developing and sharing maintenance practices is no and operating systems); pictorial, graphic, and sculptural different. As part of this project, a law firm was consulted works; audiovisual works; sound recordings; architectural with regard to some of the legal issues involved. The firm works; agency practices; and original equipment manufac- was asked to provide examples of clauses and disclaimers turer (OEM) manuals. that can be used when sharing practices with others. The It is important to understand that copyrights protect the primer prepared by the legal team is included in its entirety manner in which an idea or piece of information is conveyed, as Appendix A. This section summarizes and simplifies the but not the idea or information itself. For example, when material to offer a quick reference. Complex legal informa- using copyrighted instructions as a reference for developing tion provided here cannot take the place of a licensed and a practice on replacing brake linings, the words chosen are competent attorney who is familiar with the particular laws protected. However, the information (i.e., the procedures) on of your jurisdiction and the particular laws, rules, policies, how to replace the brake linings is not. and guidelines that govern behavior within the scope of your Original works of authorship do not have to be registered duties.1 A review of legal issues should not dissuade you with the U.S. Copyright Office to be protected because copy- from developing or sharing practices, but serves as a foun- right law automatically protects any original material, dation to help you develop and share maintenance practices including a maintenance practice or manual, once it is in a without violating the rights of others. fixed format (e.g., printed in hard copy or saved on a com- puter's hard drive or CD). However, some people formally 1 No attorney-client relationship exists between the reader and the law firm that was register their copyrighted material as an extra measure to dis- consulted for this project, its members, employees, affiliates, or assigns. suade misuse. To determine if material is formally registered

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8 with the U.S. Copyright Office, look for a notation normally The copyright notice (""), found within the first few pages of a work of authorship The year of publication (not year of inception), or affixed to the medium in some obvious manner, such as The name of the copyright owner (not necessarily the the copyright page of a book, manual, or other reference author), and document. Contact information (e.g., 2005, Center City Transit, When using the intellectual property of another, "giving Center City, CT). credit where credit is due" is the best general rule. Credit for the material is given to the owners by citing the source and, These notations give public notice and can dissuade users if appropriate, by using text-editing devices such as inden- against improper use. Appendix A includes other examples tions and quotation marks to show ownership by another. of ways to identify and apply copyright notations. Acknowledgment of sources can be made in a footnote or directly in the body of the maintenance practice. If you plan to use a photograph, chart, or other graphic Patents illustration developed by another in your practice, a letter A patent is a right given by the federal government to requesting permission to do so is normally appropriate. Like- exclude anyone other than the owner of the patent from mak- wise, if you plan to use large amounts of material (i.e., a full ing, using, or selling an invention as described and claimed page or more of text) taken from a manual or other reference in the patent. Any invention with a registered patent will source, permission from the author and/or publisher is normally have an inscription, such as U.S. Pat. Reg. required. It is strongly recommended that you cite your No. 00000000. In some cases, this information is located sources so readers will not be misled into thinking that the on packaging or other labeling that accompanies the information originated with you or your agency. invention. In general, there are three basic conditions under which If it is necessary to reference a patent held by another you can use the material of another without requesting and when developing a maintenance practice, you are allowed receiving permission from the author or publisher: to discuss, reference, explain, and compare any informa- tion within the patent. However, you cannot use the tech- 1. The idea, not the expression, is used. Paraphrasing nology disclosed in the patent without first obtaining per- information is fine as long as you do not copy the orig- mission (i.e., a license) from the patent owner. For inal material word for word. example, if you purchase a patented tool to remove cylin- 2. The material is in the "public domain" and so does der heads on a specific engine, you can use the tool, refer- not enjoy copyright protection. This condition per- ence it in your practice, and describe how it functions. You tains to copyrighted material that is no longer or never cannot, however, use information contained in the patent was covered by copyright. In some cases, the author or to reproduce the tool without first obtaining a license. If publisher may have given express permission for use of you or your agency patents an invention, you must cite the the material by the public. patent registration number at a minimum the first time the 3. The use falls under "fair use" doctrine. Fair use invention is referred to. doctrine allows for limited public use of copyrighted material without the danger of infringement. The fac- tors to consider regarding this project and fair use is Trademarks whether the use is strictly for an educational, noncom- mercial use; how much of the original material is used; A trademark is defined as a word, phrase, symbol, or whether the original material is fiction or nonfiction; design, or a combination of these things, that identifies and and whether your use unfairly uses the original work. distinguishes the source of the goods of one party from those In the case of maintenance practices to be shared with of others. In some cases, trademark owners who provide only other agencies, the fair use doctrine applies because services use the specific term "service mark" instead of the there is no intention to sell the maintenance practice, it general term "trademark," but there is no legal distinction is a nonfictional work, and the bulk of the text will be between the two; thus, service marks receive the same original in nature. protection as other trademarks. Trademark registrations can be renewed indefinitely and may last forever as long as the When none of the above three conditions apply, you must trademark is continually used in commerce to identify the request and receive permission from the author or publisher. specified goods or services. Use the sample letter found as part of Appendix A as an If you use the registered trademarks of others in your prac- example of how to ask the owner of intellectual property for tice, you may want to place the "" symbol after the trade- permission to use their material. mark (i.e., the ACME Engine Company). If your agency The following notations can be used to protect your own needs to create and protect its own trademarks, you can do so intellectual property if required: by using "" for registered trademarks, "TM" for unregistered