Intellectual Property (2021) Flashcards
Intellectual Property:
Cases Discussed
- “Sick PCs” Quarantine
- Man refuses Encryption Code for hard drive seized by police
- Justin Ellsworth/Yahoo
- Family Email access after death
- Kinkos vs Basic Books
- Davy Jones Locker
- Love v. Kwitny, 1989
- Another copied 1/2 manuscript
- Kelly vs Arriba-Soft
- Thumbnails of image in search
- Field vs Google, 2006
- Cached websites
- 2 Live Crew
- Used “Pretty Woman”
- Leibovitz vs Paramount
- Leslie Nielson
- Music Downloads
Intellectual Property:
Definition
- Intangible property that is the result of creativity
- Legal rights that result from intellectual activity in the industrial, scientific, literary and artistic fields
- Any product of the human intellect that the law protects from unauthorized use by others
Can include:
- Patents
- Copyrights
- Trademarks
- Trade Secrets
Definition:
Patent
A Patent for an invention
is the grant of a property right
to the inventor,
issued by the Patent and Trademark Office.
It is good for 20 years.
Definition:
Trademark
Trademark
A word, name, symbol or device which is used in trade with goods to indicate the source of goods and distinguish them from the goods of others
- Can be a word, picture, sound, color, smell, etc used to identify goods.
- Typically a Service Mark that is used to identify services.
- If a brand name becomes a common nound, the trademark is lost
Definition:
Copyright
Copyright
A form of protection provided to the authors of “original works authorship”
including literary, dramatic, musical, artistic, and certain other intellectual works both published and unpublished.
Types of
Intellectual Property
Protections
- Patent
- Trademark
- Copyright
(Trade Secrets are not a protection)
Types of
Property
- Real Property
- Land, physical locations
- Personal Property
- Other physical possessions
- Intellectual Property
- implies a unique product of human intellect
Roots of the concept of
Property
- Social Convention
- Origins in Morality
- Natural Law
- John Locke
Rights given
by Copyright
Rights to:
- Reproduce the copyrighted work
- Distribute copies to the public
- Display to the public
- Perform the work
- Produce derived works
Things that Trademarks
apply to
- Particular things used to identify goods:
- Words
- Sounds
- Smells
- Pictures
- Color
Service Marks: Used to identify services
Natural Right:
John Locke’s View
“When one mixes one’s labor with nature,
one gains ownership of that part of nature with which the labor is mixed,
subject to the limitation that there should be enough,
and as good, left in common for others.”
Natural Property Rights
Applied to Intellectual Property:
Important Points
- IP is not a tangible property
- One of a kind
- Copying (as a process) is different from physically stealing
- There may be no natural right to intellectual property
- But society may grant intellectual property rights instead
What major US Law protects
Intellectual Property?
Constitution of the United States,
Article I, Section 8:
“To promote the progress of science and useful arts, by securing for limited times to authors and investors the exclusive right to their respective writings and discoveries.”
This also gives time limits to intellectual property rights.
Reverse Engineering:
Two Types
Black Box
External examination only
White Box
Some knowledge of the internal structure
Motivations for
Reverse Engineering
- Product Analysis
- Security Auditing
- Military or Commercial Espionage
- Creation of unlicensed, unapproved duplicate
- Interopability
- Academic or Learning purposes
- Lost documentation
- Curiosity
- Removal of copy protection
- Circumvention of access restrictions
Trade Secrets:
Two ways Companies actively protect Trade Secrets
Reverse Engineering
Overview
Reverse Engineering is
starting with a product and working backwards to find the formula/recipe/design to recreate the product.
- It is a way of working around Trade Secrets
- Long held as a legitimate form of discovery in both legislation and court opinions
- Supreme Court has upheld the practice
- Considered important method of the dissemination of ideas
- Encourages innovation in the marketplace
Reverse Engineering:
Major Organization/project
regarding RE in software
Coder’s Rights Project
(Part of Electronic Frontier Foundation)
Copyright provides the rights to…
- Reproduce a copyrighted work
- Distribute copies of the work to the public
- Display copies of the work to the public
- Perform the work to the public
- Produce works derived from the copyrighted works
What is
Copyright Creep?
Over the years,
the duration and range of a copyright has slowly increased.
This can create limited monopolies on copyrights that otherwise would have passed into the public domain.
Copyrights:
Fair Use:
Basic Idea and Four Factors
Basic Idea:
It is legally allowed to reproduce copyrighted material in limited, transformative ways, such as for criticism, aknowledgement, parody, etc.
Four Factors:
-
Purpose and Character of Use
- Educational, criticism, etc
-
Nature of copied work
- Fiction or non-fiction, published, etc
-
Quantity of work being used
- Quote vs whole chapter, etc
-
Impact on market value of work
- Out of print material, spontaneously chosen selection
- Carries the most weight
Important Law
Regarding Fair Use
US Constitution,
Article 17, 107
is the statutory guideline for balancing the constitutionally granted monopoly in creative works with the public good.
Concerns the 1st Amendment, education and development of technology.
Copyright:
Important Legislation
- Copyright Act of 1976
- Sonny Bono Copyright Term Extension Act
- Digital Millennium Copyright Act (DMCA)
- Family Entertainment and Copyright Act
- Bern Convention for the Protection of Literary and Artistic Works
- Online Copyright Infringement Liability Limitation Act (OCILLA)
- “Safe Harbor”
Copyright:
Effects of the
Sonny Bono Copyright Term Extension Act
Extended Copyright terms by 20 years to:
- Lifetime of author plus 70 years
- Works of corporate authorship
- 120 years after creation or
- 95 years after publication
