Intellectual Property Flashcards
What is intellectual property
The name given to creative works, inventions and
commercial goodwill
What intellectual property includes?
- ideas, books, music, algorithm, designs, logos, software
Intellectual Property has value
- IP is intangible
- Subject to theft and abuse
- can be stolen by copying it
- law for dealing with IP is different from the law for physical property
- Intellectual property office, ipo.gov.uk
What are the intellectual property rights
- Copyrights, protects literary & creative works
- Patent, protects inventions
- Trade mark, protects product names, logos
- Confidence, protects confidential information, such as an idea for a film
- Design rights, protects new and original design
Describe what copyright is
Copyright is the right to copy a piece of work
- To qualify, a work should be regarded as original, and exhibit a degree of labour, skill or judgement
- Work that expresses an idea may be protected, but not the idea behind it
Describe what plagiarism is
- Plagiarism means copying someone else’s work and
presenting it as your own - Similar to copyright but not the same thing
- Plagiarism is an ethical issue whereas copyright is a
legal issue - There are lots of software tools to detect plagiarism
What is the scope of copyright
- Literary works, song lyrics, manuals, newsletters
- Dramatics works, plays dance
- musical works, recording and scores
- artistic works, photography, painting
- Films, broadcasts and cable programmes
- Software, computer programs, code, web apges
Copyright Legislation UK
- Copyright, Design and Patents Act, 1988
- Amended: Copyright (Computer Programs)
Regulations 1992 (extended the rules covering literary works to include computer
programs) - Amended: Copyright and Rights in Databases
Regulations, 1997 - Amended: Copyright and Related Rights
Regulations, 2003
Rights of Copyright Owner
- Give copies of your work to the public (free or not)
- Give permission to adapt a work
- Make variations or derivatives of a work
- Permission is generally implicit rather than explicit
- Years beyond author’s death 70 literary, 50 radio, 0 films, 125 crown
Define what Moral rights are
such as the right to object to the derogatory treatment of your work. Cannot be sold or transferred but can be waived
Define Performers’ rights
confers various rights in their performances and in the recordings/broadcasts of their performances
Define Publication right
equivalent to copyright if you publish for the first time a literary, dramatic, musical, film or artistic work in which copyright has expired
Define Database right
in addition to or instead of copyright protection; intended to protect and reward investment in the creation and arrangement of databases
Define Conditional access technology
generally refers to technical measures, such as smart cards or other decoders, which allow you to view or listen to encrypted broadcasts
Copy protection devices
for example, digital watermarks used to protect material in digital form –it’s an infringement to bypass these mechanisms
What is fair dealing and its exceptions
is a legal term used to establish whether a use of copyright material is lawful or whether it infringes copyright – decided on a case by case basis.
- research
- criticism
- caricature
- teaching
- libraries
What is fair use and its factors
In the United States, copyright rights are limited by the doctrine of “fair use.”
Fair use can only be determined in a court of law
- purpose and character of the use
- non-profit educational
- nature of the copyright
What is Primary Infringement
A breach of the exclusive rights of the owner
Results in civil prosecutions
- owner claims for damages or
injunction to refrain
what is Secondary Infringement
Breach of rights in a commercial/business context
– e.g.
using pirated software for commercial purposes
Results in criminal prosecution
Digital Millennium Copyright Act
DMCA
- DMCA contains the Online Copyright Infringement Liability Limitation Act (OCILLA), creates ansafe harbour
for online service providers (OSPs) against copyright infringement liability, provided they meet specific requirements. - OSPs must immediately block access to or remove alleged infringing material when they receive notification of an infringement claim from a copyright holder.
- DMCA also criminalises production & dissemination of technology, devices, or services intended to circumvent DRM.
EU Electronic Commerce Directive 2000
- ‘Notice and Takedown’ of copyright material on the Internet in Europe is covered by European Directive on Electronic Commerce(EDEC) (which also deals with electronic contracts, spam, and other ecommerce)
- no liability for service providers that are “mere conduits” of information or are simply engaging in caching
Digital Single Market Copyright Directive (2016)
- Offers better choice and access to content online and across borders
- Improves copyright rules on research, education and inclusion of disabled people
- Provides a fairer and sustainable marketplace for content creators and press
How are Software and Copyright protected?
In most countries, computer programs are protected
by copyright as literary works
- Literal:source and object code – usually regarded as subject to copyright
- Non-literal: effect of the code
What is Tailor
-made (commissioned) software
first legal owner of copyright is the person or
organization that created the work
customer usually gets copyright BUT
–There may be proprietary elements for which
developer retains copyright
–There may be open-source elements
Copyright generally goes to the author?
Yes, unless:
- the author has produced the product as an employee
- The author is a contractor
- There is formal agreement assigning copyright to a third part
What are the rights of others (software copyright)?
- No rights to prevent use or publication of
identical work provided it can be
demonstrated it is not copied - Legal to keep one copy of software for backup
purposes
Describe creative commons
- Owner can specify what others can do with work
- CC licenses allow copyright owners to share their work while keeping copyright
What are the type of licenses under the creative commons
- Attribution: cab be copied, modified, displayed if the owner is credited
- non-commercial: can be copied, modified but not profit can be made from it
- No derivative works, can be copied, distributed but cannot be modified
- Share-alike: can be modified and distributed but must be covered by an identical license
What is copyleft
- Copyleft is a general method for making a
program (or other work) free and requiring all
modified and extended versions of the
program to be free as well - Anyone who redistributes copyleft software,
with or without changes, must pass along the
freedom to further copy and change it.
Copyright and Rights in Databases Regulations 1997
- A collection of independent works, data or other materials which are arranged in a systematic or methodical way and are individually accessible by electronic or other means.
- Database rights allow creator to prohibit ‘extracts or re
- uses all or a substantial part of the contents of the database
What is a patent
- Protects new inventions and covers how things work, what they do, how they do it, what they are made of and how they are made
- Designed to safeguard an inventor from other people exploiting the invention without permission
- Must be obtained
- Temporary right (usually 20 years) granted by a state
What are the patent requirements
- new
- be capable of being made or used in some kind of industry
- have an inventive step that is not obvious to someone with knowledge and experience in the subject
What the patents requirements cannot be
- theory method, mathematical discovery
- artistic work
- playing a game, doing business
- method of medical treatment
What are the types of patents
-Utility patents: new, useful process or article of manufacturer
- Design patent: new original and ornamental design for an article of manufacture
- Plant patent: Invention or discovery and asexually reproduces any distinct and new variety of plant
- Animal patent: Creation of non-naturally occurring animals –commonly referred to as “transgenic”
animals
What is physical phenomena
Patent law classifies physical phenomena as
products of nature. Thus, if invention occurs in
nature, it is a physical phenomenon and cannot be patented.
What is an abstract idea
Abstract ideas are concepts like pure mathematics and algorithms
Can be the software patented?
In principle, software cannot be patented, although there are software
patents, depends on jurisdiction
Although, in the US it can be patented if:
- Software is part of patentable device
- Software controls a process that has some physical effect
What are trade marks
- Trade Marks are registered through the Intellectual Property Office, which maintains database of registered trade marks and their owners
- Any sign capable of being represented graphically
- Capable of distinguishing goods or services of one company from another
- Words, designs, letters, numerals, shape of goods, packaging of goods
