IP Flashcards
What is IP
name given to creative works
Is IP tangible?
no
What is Copyright?
The right to copy a piece of work.
When does copyright come in?
automatically
can ideas be protected?
no?
What is scope of copyright?
literary works, art, sound, software
What is the act associated with copyright?
Copyright, Design and Patents act
When did Copyright act cover software?
1992
name some rights of copyright owner
give copies away (free or not)
adaptation permission
sell license or rights
when do copyright rights end for literary work
70 years after death of last author
when do copyright rights end for radio?
50 years after first broadcast
when do rights end for films?
70 years after death of principal director, author or composer
when does crown copyright end?
125 years after work created
when does copyright end for software?
70 years after death of last author
how long do database rights last?
15 years
what is primary infringement?
civil prosecutions.
breach of owner’s rights.
what is secondary infringment?
criminal offence.
breach of commercial context.
what is fair dealing?
basically fair use. research / education.
what is the hope of digital single market?
borderless media
What is creative commons?
allows copyright owners to share work while keeping copyright.
what is copyleft?
making something free
everything after that is free
who gets patent?
first to file
what does patent protect?
inventions
how long does a patent last?
20 years
what must a patent be?
new
inventine
useable
what can a patent not be?
scientific discovery
literary work (see copyright)
immoral
can software be patented?
in general no
in the USA, software can be patented if:
software is part of patented device
software controls physical process
what does a trademark apply to?
a sign
what cannot be trademarked?
if they describe
if they’re synonymous with your industry
What did trade marks act do?
made it offence to rip off a trademark
What are the 5 IP rights?
Copyright Patents Trademark Confidence Design Rights
how long do databases last?
15 years
What is the issue with copyright infringement?
Essentially, costs that should have gone to creators not happening. Breaking Bad, Game of Thrones, music artists.
What had Kevin Spacey highlighted about the netflix model and its role in the piracy world?
That Netflix had learned the lessons that the music industry failed to understand: give people what they want, when they want it and at a reasonable price.
An example of businesses having to adapt to consumer demand. Not doing so results in losing revenue with something they created.
What is the EU directive associated with copyright infringement?
Electronic Commerce Directive.
What three things did the Electronic Commerce Directive define?
A notice of takedown.
That ISPs cannot be held liable for copyright infringement if they didn’t know about it.
Service providers, if they are only conduits are not liable. Same if they only cache it.
What does the Digital Single Market Copyright Directive hope to provide?
- better choice for access of content across borders.
- improved copyright rules on research and education stuff
- provide fair and sustainable marketplace for content
- SIGNIFICANT: internet platforms who host content are responsible for policing and enforcing copyright and taking down copyrighted material
What are the four creative commons licenses?
Attribution
Non commercial
No derivative works
Share alike
Name three copyright case studies
Google v. Viacom. Google NOT liable for the content that may have been pirated from Viacom.
Youtube v Telecino. Again about streaming television clips, and provided youtube complied with takedown notices, that they were operating within the law.
Can software be patented?
In principle, no.
In what three instances can software be patented in the USA?
Software is part of a device (iPhone rubber banding)
Software controls physical process.
Software processes data coming from physical world.
What are the 3 reasons why you’d want to patent software?
- if you can patent software in hardware, why not just patent the software.
- patents encourage investment.
- investment and R&D without patents may cease (companies don’t see the benefit to the work they’re doing)
What are the 3 reasons against patents?
- innovation restriction
- hard to define precisely what is meant by new with software.
- the industry is probably ok now without
What is the Samsung v Apple case?
$539m awarded to apple in 2011.
Drawn out patent battle.
Apple have a history of filing a number of patents: multitouch. A surprisingly upheld one.
Where is Trade Mark registered?
Intellectual Property Office
what is a trademark?
signs
mostly about branding
What law covers Trade Marks
Trade Marks Act
What is the open source initiative?
freely used, modified, and shared
Name an open source license?
Mozilla and Apache.
