IP Flashcards
What is the Right of Publicity?
Legal right allows individuals to prevent others from using their name, image or likeness without permission.
What are the main protections offered by the Right of Publicity?
Protection for economic interests & personal dignity.
Who typically invokes the Right of Publicity?
Celebrities.
What can non-celebrities use instead of the Right of Publicity?
Defamation.
What is a counter argument against the Right of Publicity?
Freedom of expression.
What is the duration of the Right of Publicity after death in California?
70 years after RIP.
What is the Tragedy of the Commons?
Shared resources overused/depleted due to individuals acting in self-interest.
What is the Anti-Commons concept?
Property rights overly fragmented = under use of resource.
What is the first theory behind IP protection?
Social desirability: inventors/authors unless rewarded via copyrights/patents would underinvest in the crafts.
What is the second theory behind IP protection?
Economic incentives: conferring exclusive rights allows creators to recoup initial investment.
What organization enforces global IP protections?
WTO.
What is Cultural Property Law?
Society restricting property rights to protect cultural value.
How is Cultural Property Law accomplished?
Through legislation NOT common law.
What was established in Willcox v. Stroup?
Long-term possession can be basis for private ownership of cultural property.
What are the rights granted under the Visual Artist Rights Act (VARA)?
- Integrity
- Attribution
- Authorship
- Prevent destruction
What do patents cover?
Methods, processes, and tangible innovations.
What governs patents?
Federal law.
What are the requirements for Utility Patents?
- Novelty
- Usefulness
- Non-obviousness
What is the duration of protection for Utility Patents?
20 years of exclusive rights from application date.
What is the duration of protection for Design Patents?
14 years of protection.
What is the key element of Trade Secrets?
Active efforts to maintain secrecy.
What is the legal basis for Trade Secrets?
State law, rooted in tort law.
What is the core concept of Copyright Law?
“Works of authorship fixed in a tangible medium of expression”.
What does Copyright Law protect?
Original works of authorship captured in a permanent form.
