Intellectual Property Flashcards
Intellectual property
Intangible creative work
Not necessarily the physical form on which stored and delivered
Ca Copyright Patent Trademark Trade secret Industrial design
Ip physical property
Streaming (dont own) vs a cd
Claim property right of your idea then others can not use idea that creates profits
IP are fundamentally social and are infinitely shareable but vuknerabke to theft and misattribution
Cant stop the use of a song but may disagree with use only thing do is say did not have a liecence
IP changing technology
Copyrights granted for limited time
Ca: 50 + life
US, EU, UK: 70 + life
When expries work is public doman
Copyright examples
Literacy works (books, poems, computer programs) Dramatic works (films, videos, plays) Music works (words & music or just music) Artisitic works (paintings, maps, dance )
Copyright vs patent
CR protects works that owe origin to creative individual
Original then copyrighted (even if closely similar)
CR had rights against those who use work without permission
Patent way to protect certain kinds of discovery of inventors
Invention description specific of construction and problem solving
As long as patent lasts holds (20) monopoly so no one produce impelmentations
History copyright law
Not invented until after the printing press
Movable type introduced an economic incentive for piracy
UK: 16 17th crown exercised authority over printing
1710 statute of anne ~ first form copyright that applied to public, vested in the author not publisher, time limitation
EU: similar model of sovereign grants
International copyright
Berne, Switzerland 1886 multilateral copyright Country agrees to give foreign authors same protection to its own authors Union of member states UK- one of the orginal Ca- 1928 US- 1989
US history copyright
1790 first US copyright law - printed material newer tech added later
Cutting edge for protecting with new technology
1909 “unauthorized copy”
1992 copies personal gain felony
1997 illegal to make copies no matter
1998 illegal to circumvent copy right 70yrs
Purpose of copyright
Should it benefit the public by simulating creation of work?
Should both protect the author and benefit the public?
-stimulate the creation of works but also give authors a generous reward for their contributions
ICTs upset this balance for both authors and users
CA copyright history
Inherited much of UK common law
1924 first Canadian copyright
1988 phase 1 cr reform bill
1989 ca US free trade agreement
Law is always behind technology
Life + 50 years but calls to increase to 70
Fair dealing
Allows use of cr material contributioning to the creation of new work and does not affect sales of material
Research and education, news
Found in legal precedent and are user rights
Fair dealing 6 factors
- Purpose of dealing - research, privite study, criticism
- Character of dealing - single or multiple copies, limited or large use, destroyed after purpose
- Amount of dealing - how much work used, importance
- Alternatives to dealing - could something else be used
- Nature of work - published, unpublished
- Effect of dealing on work - likely to affect market of work?
Fair dealing vs fair use
FU is used in Us and are smiliar but FU is the limitation in exlusive rights has four rules to be applied
FU exceptions are general and are clawed back FD exceptions are specfic and are expanded further
Good and bad
2012 copyright modernization act
Fd for education and sature and parody
But…
Prohibits circumvention of digital locks
This may be challenged in the future under the CoRaF
Software functional vs expressive
Function- then patent applies (solve problems) but math algs can not be patent
Expressive- the copyright, but then does not apply to the techniques to accomplish some task but it is the methods that wish to protect
