Copyright and Design Flashcards

1
Q

What are the 5 different types of intellectual property?

A
  1. Trademarks - brands, protecting reputation vested in names and logos.
  2. Patents- inventions, protecting the function and processes.
  3. Design right - protects the shape and configuration.
  4. Registered design - protects appearance and unique look of parts or whole.
  5. Copyright - protects original creative and artistic works.
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2
Q

What is meant by fair use and fair dealing?

A
  • Legal term established as guidance for whether a use of copyright material is lawful or infringes copyright.
  • Is it fair minded?
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3
Q

What are the 2 ways to check whether something is consistent with fair use and fair dealing?

A
  1. Does it effect the original work’s revenue/market?

2. Is the amount taken reasonable or necessary.

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4
Q

What are the exceptions in terms of fair use and fair dealing?

A
  1. Non-commercial research/private study.
  2. Review reporting current events.
  3. Illustrations for instructions.
  4. Quotation, parody, caricature or pastiche.
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5
Q

What protection is automatic?

A
  1. Copyright - mark with a C.

2. Design right.

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6
Q

What protection must you apply for?

A
  1. Trademarks.
  2. Registered designs.
  3. Patents.
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7
Q

Who has ownership of copyright?

A
  1. You if you created the work.
  2. Your employer - if you are employed.
  3. Contractor - unless your contract states otherwise.
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8
Q

What is the creative commons?

A

A non-profit organisation devoted to expanding the range of creative work available for others to build upon legally and share.

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9
Q

What does the Creative Common allow people to do?

A

Allows showcasing of work on the internet and opens up communication and collaboration between creatives.

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10
Q

What are the different rights you can apply for through the Creative Commons?

A
  1. Attribution - distribute, remix, tweak and build upon your work as long as they credit you for the original creation.
  2. Attribution-ShareAlike - the same as attribution but must licence their creations under identical terms.
  3. Attribution -NoDerivs - Allows for redistribution, commercial and non-commercial as long as it is passed along unchanged and whole with credit to you.
  4. Attribution-NonCommercial - the same as share lake but must be non-commercially.
  5. Attribution - NonComercial-ShareAlike - allowed to build upon but must credit you and licence identically but non-commercially.
  6. Attribution-NonCommercial-NoDerivs - most restrictive, can download your work and share them as long as they credit you but can’t use them commercially or change them.
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11
Q

What are the pros of copyright?

A
  • Created automatically.
  • Long lasting.
  • Enables people to make a living.
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12
Q

What are the cons of copyright?

A
  • Difficult to enforce.
  • Restricts creativity.
  • Not flexible.
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