16 Unlike patentable inventions, copyrighted works are automat- ically protected under U.S. copyright laws without having to undergo a formal process. There is also a formal registration process to document copyright in the Library of Congress. However, it is still important to affix an appropriate copyright notice so others are aware that they are not free to use the work without permission. Works owned by INL should bear the following copyright notice: © 20XX Battelle Energy Alliance, LLC. All rights reserved. Author-owned copyrights last for the life of the author plus 70 years after the last surviving author’s death. Employer-owned copyrights last for 120 years from creation or 95 years from the first publication of the work, whichever is shorter. For more information on copyrights, see A Guide for Idaho National Laboratory Authors of Software. Trademark Trademarks and service marks are distinctive words or symbols used to identify the brand or origin of the goods or services provided. The trademark is not the name of a specific product but distinguishes the product or item from others and identifies quality. To qualify for a trademark, the mark must be used consis- tently. A registered mark is valid for 10 years and is renewable as long as it continues to be used commercially. A mark can be suggestive, descriptive, or arbitrary, but not generic. If the mark is used so often that it becomes generic, it loses the ability to identify the source of the product and is no longer entitled to trademark protection. TD may file applications to register trademarks with the USPTO on marks associated with IP when their association with INL’s research enhances the value of the IP. However, registration may not be necessary to prevent others from infringing. Trademarks generally become protected as soon as they are adopted by an Copyrightable Literary works: books, poems Computer software: object code, source code Music: notes, words, sound recordings Plays: dances, pantomimes Art: paintings, graphics, sculptures Motion pictures Not Copyrightable Ideas or concepts Factual information Listings without originality (phone book) Titles or short phrases Public domain information Logos (images): Apple, Shell, Blue Cross Blue Shield Names: Xerox, Kleenex, Coca Cola, Ivory Soap, Kodak Color/Sound: Pink – Corning insulation, NBC chimes Slogans: Have you driven a Ford Lately?, Don’t leave home without it Examples of copyrightable material Trademark Examples Defining trademark: any word, name, symbol, device or combination that is used in commerce to identify and distinguish the goods of one manufacturer or seller from those manufactured or sold by others and also to indicate the source of the good. Essentially, it is a brand name. Defining service mark: a trademark used to identify a service rather than a product