Copyrights and Patents Flashcards
What is a copyright and what is the duration?
A copyright is a federal right that gives authors of original works certain rights to control the reproduction of the work.
It’s valid for the life of the author plus 70 years. If it’s owned by a company, 95 years from the time it was first published or 120 years from it’s creation, whichever is earlier.
What types of work may be protected under a copyright?
Original works of authorship in any tangible medium of expression, to include:
- Literary works (i.e. books)
- Musical works
- Pictures
- Films
- Sculptures
- Computer programs (source code)
- Architectural works
- Foreign language reproductions of copyrighted work
What are the rights associated with a copyright?
The owner has exclusive rights to:
- Reproduce the work
- Prepare derivative works based off the original
- Distribute copies
- Perform or display the work
Copyright Limitations - “Fair Use Doctrine”
(Likely to be tested)
Allows use of copyrighted work without the owner’s permission for the purposes of:
*Criticism and comments
*News reporting
*Teaching (including copies for classroom use)
Copyright Protections
Protection is automatic. However, to enforce copyrights in court, the owner must register the copyright with the federal Copyright Office.
Remedies include both civil and criminal aspects.
Who owns the copyright?
Normally the creator of the copyrighted work owns the copyright, unless:
- it was was done by an employee for his employer (work for hire)
- it was commissioned work to be created (work for hire)
Ownership can be transferable if it’s in writing signed by the copyright owner.
What is a patent and what is the duration?
A patent is a federal right to protect an invention, process, or design that is: novel, useful, and not obvious to a person skilled in the area.
It’s generally protected for 20 years, or 14 years for design patents.
What types of items are patented?
Machines, chemical compounds, plants produced by asexual reproduction, genetically engineered bacteria, and computer programs (remember source code is copyrighted).
Patent Protections
Patent protection is NOT automatic. Must be issued a patent from the U.S. Patent and Trademark Office (PTO).
No criminal remedies; only injuction, damages at least equal to royalties, and attorney’s fees/cost of bringing the suit.
Who owns the patent?
The creator owns the patent. Exceptions:
- If created by an employee for his or her employer within the scope of employment, employee owns the patent but must use it for the benefit of the employer and assign employer rights.
- If not hired to create the product but uses the employer’s facilities to create it, employer has the shop right to nonexclusive use of the patent without paying a royalty.
Ownership can be transferable if it’s in writing signed by the patent owner.
