Ch 8 & Ch 11-14 Quiz Flashcards
Copyright
Ch. 8: Intellectual Property Rights
granted to author/originator of
literary or artistic production for life of author
plus 70 years, or if copyright owned by
publishing house, for 95 years from date of
publication or 120 years from date of
creation, whichever is first.
Fair use Exception
Ch. 8: Intellectual Property Rights
Fair use of copyrighted works, as stated in US copyright law, “for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.
First Sale Doctrine
Ch. 8: Intellectual Property Rights
Provides that an individual who knowingly purchases a copy of a copyrighted work from the copyright holder receives the right to sell, display or otherwise dispose of that particular copy, notwithstanding the interests of the copyright owner.
Trademark dilution
Ch. 8: Intellectual Property Rights
A doctrine under which distinctive or famous trademarks are protected from certain unauthorized uses regardless of a showing of competition or a likelihood of confusion
License
Ch. 8: Intellectual Property Rights
In the context of intellectual property, a contract allowing the use of a trademark, copyright, patent, or trade secret for certain purposes.
Patent
Ch. 8: Intellectual Property Rights
grant from gov’t to give inventor
of an item the right to exclude others from
making, using, and selling an invention for 20
years
Service mark
Ch. 8: Intellectual Property Rights
Similar to a trademark, however a service mark refers to the same protected properties to protect a service, rather than a product.
Trade dress
Ch. 8: Intellectual Property Rights
The overall decor of an establishment of a company (i.e Target, iHOP, Starbucks, etc.)
Trade secret
Ch. 8: Intellectual Property Rights
anything that makes a company
unique and would be valuable to a
competitor, including customer lists, plans,
research and development, pricing,
marketing, production techniques.
Trademark
Ch. 8: Intellectual Property Rights
distinctive mark, motto, device, or implement that manufacturer stamps or prints on its goods to be identified in the marketplace.
Infringement
Ch. 8: Intellectual Property Rights
Is a breach of utilizing intellectual property covered under a patent or protected under copyright, or copying said property in the pursuit of profit without the orginator’s permission.
Acceptance
Chapter 12: Agreement
Made by offeree; voluntary
act indicated by words or of conduct that
indicates agreement to terms of offer
Agreement
Chapter 12: Agreement
One of the elements of a contract
Meeting of the minds regarding
a contract reached through Offer and
Acceptance.
Click-on agreement
Chapter 12: Agreement
This refers to e-contracts in which an offer has been confirmed due to the action of clicking “send” or “confrim purchase” or something along the lines of an electronic acceptance of a purchase of a product or service.
Counteroffer
Chapter 12: Agreement
An offeree’s response to an offer in which the offeree rejects the original offer and at the same time makes a new offer.
Mailbox rule
Chapter 12: Agreement
Refers to communication upon generation of acceptance in which the form of communicaton to accept an offer must be made through a reasonable form of communication (text, email, overnight mail, etc.)
Mirror image rule
Chapter 12: Agreement
Requires, for a valid contractual agreement, that the terms of the offeree’s acceptance adhere exactly to the terms of the offeror’s offer.
Offer
Chapter 12: Agreement
made by offeror; promise or
commitment to perform/refrain from
specified future act. Contains three elements: Serious Intention to be Bound, Definateness, Communicaton
Option contract
Chapter 12: Agreement
A contract under which the offeror cannot revoke his or her offer for a stipulated time period and the offeree can accept or reject the offer at any time during this period.
Revocation
Chapter 12: Agreement
The taking back of an offer, PRESENTED BY THE OFFERER. This must be done through communication. (written or stated is known as an expressed offer). The other way it can be done is through an inconsistency with the offerer (by presenting the offer to someone else before acceptance has been confirmed)
Rejection
Chapter 12: Agreement
Made by the OFFEREE, in which an offer is turned down, and therefore nullfied, therefore unable to create a contract until another offer is made.
Bilateral contract
Chapter 11: Nature and Terminology
A promise for a promise. Ex. Mark promises to deliver John a book, John promises to pay Mark for the agreed price that Mark and John agreed to.
Contract
Chapter 11: Nature and Terminology
An Agreement between two or more
competent persons, for valuable
consideration, to perform/to refrain from
performing some act now or in the future.