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The Legalities Behind APIs and Mashups

Event Interactive 2011
Format Solo
Organizer Brett Trout Brett J. Trout, P.C.
Description APIs and mashups provide content providers a vast playground within which to create new tools using existing content. While these tools provide value, not all are legal. Patent, copyright and trademark laws all contain restrictions on what you can and cannot do with third party content. Even creative commons licenses can place restrictions on how content may be used in the context of APIs and mashups. In addition to the legal restrictions, there are also ethical, etiquette and practical considerations, any one of which could bring your underlying business to a grinding halt. This presentation walks you through the principles underlying patents, copyrights and trademarks. Moving from the present state of online intellectual property protection through the changes intellectual property law will undergo over the coming years, the talk provides insight as to how best position your company to capitalize on the new opportunities these changes offer. The talk uses recent cases, including Bilski (business method patents), Viacom (The Youtube copyright suit), and Shepard Fairey (fair use in derivative works) to explain how ethics, etiquette and practical ramifications of intellectual property issues interrelate, and sometimes even outweigh the legal implications. The talk also includes anecdotes and examples of practical solutions to illustrate how companies can use APIs and mashups without ending up on the wrong side of the law.
Questions
Answered
  1. What is Fair Use?
  2. How much do I have to modify third-party content to make it my own?
  3. What are the different types of intellectual property?
  4. How do I protect my online content?
  5. Do I have to license third-party content I use in my Mashup?
Level Intermediate
Category Licensing / Fair Use / Copyright
Tags API, intellectual property, Mashups