Chapter7 Flashcards
copyright
the right of an author of literary work to the exclusive right to use the work for a specfied tim
tangible form of copyright are protected
automatically acquired when the work takes tangible form
innovative design protection act of 2012
Fair use
allow person/organization reproduce copyright material without paying royalties for scholarship, criticism, research
issue are nonprofit nature of use
there are civil and criminal penalties for copyright infringement
no electronic theft act
extend criminal liability for piracy of copyrighted materials to people who exchange unauthorized copies of copyrighted works
digital millenium copyright act
civil and criminal penalties for circumventing encryption software to prevent piracy
does ISP liable for copyright infringement by customers?
only if they are aware of it
trademrk
identify the origin of a product or service,
add value as intangible asset
distinctive marks, mottos, symbols or devices that identify origin of a goods
both distinctive and secondary meaning protected by Lanham Act
take the form of words, letters, colors
service marks
include certification marks or collective mark to identify the firm as a member of an organization like a trade union
distinctive mark
are unique and fabricated
secondary meaning
known as descriptive mark
brand names have evolved from ordinary words
suggestive marks
suggest or present mental image of something
how long mark protection last
indefinitely if the exclusive rights to use it are preserved
confusion
average person would be confused as to the origin or source of the goods
generic nature of marks
if a name has become generic, the original exclusive owner of the mark has lost his exclusive right to the mark
federal trademark dilution act
protect famous marks from dilution, erosion, blurring or tarnishing
cybersquatting
person register a domain name that is the same or similar to another trademark and then offer to sell the name back to the original owner
