Final Exam Flashcards
Discovery entails
“the sighting or ‘finding’ of previously unknown or uncharted territory; it is frequently accompanied by a landing and the symbolic taking of possession”
Aquisition by capture
The person who possess it first
ACQUISITION BY CREATION
If you create something—if in that sense you are first in—time then that something is most certainly yours to exploit
General rule of Ideas & Expressions
You don’t have rights
Rights come from the legislative body
3 Requirements for copyright
- Originality
- Work of authorship
- Fixation
Copyright Infringement
- He holds a valid copyright in the work;
- Defendant copied the work; and
- The copying was an “improper appropriation”
Characteristics of fair use:
- Purpose and character of use
- Nature of copyright work
- Substantiality of the portion used in relation to copyrighted work as a whole
- Effect on the potential market
Patent is
Trade off: limited monopoly to patentees, thus encouraging creative and socially useful enterprise
Patent applications must meet 5 requirements:
- Patentability
- Novelty
- Utility
- Non-obviousness
- Enablement
Trademark Requirements
- Distinctiveness
- Non-functionality
- First use in trade
PROPERTY IN ONE’S PERSONA (THE RIGHT OF PUBLICITY)
- Rights of publication and right of publicity
* You have the right to your name, likeness, voice, and signature
Conversion
- Did the person have possession when conversion took place
- Did ownership exist after the property was taken
THE BUNDLE OF RIGHTS’ FRONTIERS: EXCLUSION, ABANDONMENT, AND DESTRUCTION
- You have the right to exclude others from your property
- You don’t have to right to exclude in some circumstances
- Property rights are a part of human values
- You haven’t abandoned real property if you still owned the title
Why can you not just abandon property?
Taxes, Liability, Confusion
Common law elements of abandonment
- Owner must intent to relinquish all interest in property
- Voluntary act by the owner effectuating that intent
