Intellectual Property Flashcards
Some legal scholars trace the evolution of U.S. copyright law back to seventeenth-century Britain with the creation of these.
What is the Licensing Act of 1662 or the Statute of Anne in 1710?
Authors are granted the exclusive right to their work via _______, and products are given exclusivity through _________.
copyrights; trademarks
True or False: Copyrights are granted for a limited time.
True. Authors have the right to control their works only for a certain length of time.
The first U.S. copyright statute came in 1790, adopting a __- year limit, with an option for the author to renew for another __ years. If an author died or no longer had an interest in the copyrighted work, it would pass into the ______ ______.
14; 14; public domain
The creator of a book, play, poem, film, song, or any other copyrightable work has the exclusive right to control:
reproduction, performance, derivative works, and distribution and public display
_______ rights allow the author to decide who may copy a work or what fee must be paid for copying, such as with music downloads.
Reproduction
Copyright holders also have a right to be compensated when someone performs their works.
Performance
A ________ ____ is a work based on a copyrighted work.
derivative work
Taking a picture of a copyrighted work of art may or may not be a reproduction, but publicly displaying that photo is clearly a public display. Control of the rental or lease of copyrighted works is the right to control ________.
Public Display and Distribution
Today almost all U.S. songwriters license their music performance rights through…
ASCAP, BMI, or SESAC.
A _______ _________ allows users to pay a flat fee for an entire year’s worth of music regardless of how much they use. Users pay based on their revenues and what portion of their business depends on the use of licensed music.
blanket license
True or False: Retailers who sell the music are exempt from paying copyright.
True. This is called a “record store” exemption.
True or False. Licensing agencies do not handle rights other than performance rights.
True. It would be a violation for a radio station to burn CDs of their music to give away to listeners or to use a portion of a song as the music bed for a commercial.
Putting music to video is known as __________.
Synchronization. Note: ASCAP does not license synchronization.
Nonphysical property that stems from is identified as, and whose value is based on an idea or some ideas. Note: there has to be an element of novelty; you can’t claim something that’s not yours.
Intellectual Property
Only the concrete, tangible, or physical embodiments of the idea are protected by intellectual property law; it has to be fixed into a form and location in which humans have access to it.
“The idea” or “Ideas”
Copyrights are limited in duration and scope; they last for the life of the author +
70 years
Types of protected works.
literary works, musical works, sound recordings, dramatic works, pantomimes + choreographic works, pictorial, graphic, and sculptural works, motions pictures, and architectural works
Copyright extends to the ___________ work–not the actual copy.
intangible
True or False: Works created by the federal government cannot be copyrighted.
True
Who can get a copyright?
Human author/authors of the work
True or False: Works made for hire belong to the employer.
True. 95 years from publication or 120 days from creation –whichever is shorter.
True or False: Authors cannot go to court to enforce their copyrights unless they’ve registered it.
True.
Once a copyright owner sells you a legal copy of a book or something, they no longer control the distribution rights of that copy of the work.
The First Sale Rule
True or False: Fair Use acts as a “safety valve” and applies only to the distribution right and not the reproduction right.
True
True or False: Fair Use is the most troublesome in the whole law of copyright because it is not defined in the Copyright Act.
True
Factors of Fair Use
what is the purpose and character of the use (is it noncommercial, educational, or transformative {parady})
Factors of Fair Use
what is the nature of the work (if it is more original and creative, it is more protected)
Factors of Fair Use
how much of the work is used (quantitative and qualitative substantiality)
Factors of Fair Use
what is the effect of its use on the potential market value of the copyrighted work
Patent Law Requirements
the subject matter must be patentable (a matter of human inventiveness and not the product of nature)
Patent Law Requirements
must be useful
Patent Law Requirements
must be new or novel
Patent Law Requirements
must be non-obvious
Patent Law Requirements
enablement
3 types of patents
utility, design, and plant
The underlying purpose of patent law is to __________.
reward inventors for their skill and effort
The underlying purpose of patent law is often in direct ___________ to the public interest.
opposition
Any word, name, symbol, or device used to identify and distinguish goods from those manufactured or sold by others and to indicate the source of the goods, even if that source is unknown.
Trademarks
Trademarks function as a _________ __________ measure.
consumer protection
True or False: functional product features are not protectable under trademark law.
True
Trademark Requirements
has to be a symbol or a device that a court or the patent/trademark office deems to qualify
Trademark Requirements
mark has to be used in interstate commerce
Trademark Requirements
has to identify the mark owner’s goods and distinguish them from those manufactured and sold by others
________, _______, and ______ marks receive automatic protection upon use because they are inherently distinctive
fanciful, arbitrary, suggestive
