midterm review Flashcards
IRAC:
Issue, rule of law, analyze, conclusions
I/P
product of the mind. rights of individuals
Berne convention-
1st global treaty born
apple v samsung
- claim by apple re Samsung infringement of a design patents and copyright. based only on part of device infringed not on entire product
Time line:
1710- statue of Anne
1790- 1st us cr act (14+14)
1909- 2nd us cr act (28+28)
1976- 3rd us cr act (LOA+50)
1988- us joins Berne
1998- us bono cr extension act (LOA+90)
Donaldson v Becket
term is finite +
once exhausted= public domain
two types of law
common law v civil law
Patent Law
USPTO
3 types of patents
utility, plant, design
applications
provisional and non provisional
American Invents Act
9/9/11. Europe and Japan first to file
Trademark
both STATE and COMMON LAW
copyright and patent
FEDERAL STATUTES
can you copyright a title?
NO
can you trademark a title
NO
application process:
tess + prof search comp
international classifications
trademark examiners
officials gazette
prove trademark (4 steps)
- intent to use
- actual use
- statement of cont use (6th yr)
- renewal (10th yr)
State IP laws
- common law trademark and state statutes
common law cr pre 1976 works - trade secrets
- unfair competition
- misappropriation
- right of publicity
US CR act 1909
state laws only
US CR act 1976
upon creation
right of publicty
no federal legislation. ONE IS NEEDED
2008 steinback case
film version of books by steinboks daughter
trade mark intended as protection for consumer of goods/ services?? T or F
True
what is copyrightable?
original work of authorship, fixed in a tangible medium
Stern v Kaufman
ROM memory devise is tangible component even tho you cannot see information inside of it
FIxation
any physical rendering of fruits of authors creativity
simultaneous broadcast issue
solution to lack of fixation risk of no copyright protection
White smith music pub v Apollo
printed recodrs in intelligible notion legible to the eye. player pianos
are sound recordings, computer programs, and motion pictures copyrightable?
YES
Authorship
he whom anything owed it origin
Originality
independently created and owes origin to author
demonstrates minimal amount of creative authorship
Atari v Oman
ORIGINALITY TEST
derivative workd
lawful use required. USCA select 103 a. PICKET V PRINCE
Bill Grahm V Darling Kindersley
DW test. FAIR USE
functional works
carry out specific tests or achieve certain result
Nichols V Universal Pictures
expressive details adequately delineated characters
Warner bros V CBS
constitutes story rather than vehicle for the story. restrictive and rarely met
1909 act
a work of authorship enjoyed perpetual protection until it was published.
Upon publication: became subject to federal copyright protection
duration of protection: limited to 28 + 28 year renewal for total of 56 years
1976 Act
Federal copyright protection begins when a work is fixed into a tangible medium of expression. Role of “publication” diminished
1978-1989 Act
for works publicly distributed on January 1, 1978- march first, 1989. Notice requirement still in place. Right to cure provision. Major impediment US joining Berne
Effective Date US Berne Entry?
March 1st, 1989
Berne Convention?
international treaties as international law. WIPO.
how does ownership vest?
as a work made for hire or joint authorship
How is ownership transferred?
- divisibility
- license draft language
- writing requirement
- recordation
Which act clarifies ownership better, 1978 or 1909? what’s the catch?
1979 but must be used in conjunction with judicial precedent. court rulings determine ownership.
Work for hire copyright duration?
publication + 95 or creation + 120. which ever ends sooner
Does issue of intent rule with work for hire?
NO. whether a work qualifies as a work for hire is based on several objective factors rather than the intent of the employees.
What do both authors have to do in order for something to be a joint work?
Both have to have contributed something independently copyrightable
is authorship the same as a contribution?
NO
Is the contributor an author of the joint work?
a person claiming to be an author of a joint work must prove that both parties intended each other to be a. joint work
authors are deemed—–
Tenants in common
US constitution. article 1 Clause 8
congress shall have the power to promote the progress of science and useful arts, by securing for limited time to authors and inventors, the exclusive right to their respective writings and discoveries.
1978 Donaldson v. Becket
Landmark case which resulted from stationers assertion that statute of Anne notwithstading- they held their previously acquired copyright in perpetuity . The term copyright is FINITE + once exhausted.
1886-
Berne convention. 1st global treaty born
1988
Us implementation t Berne
1998-
US bono copyright extension act. LOA + 70 yrs
is there judicial precedent In civil law?
NO
Provisional application for patent
1 year filed confidentiality. convert to NP or lose
Non provisional application for patent
specifications + claims+ oath by inventor + filing fee
American events act?
- first to file
is trademark law state or common law and what federal statute?
Both state and common law and Lanham Act
Anti Dilution statute?
passed in 1996. famous marks. coca cola
Trade secrets example
Coca Cola
title 17 USC, title 35 USC, and title 15 USC are all what
federal statutes
components of section 102 (a)
copyright protection exists, in accordance with this title in - original, -works of authorship,- fixed in any tangible medium of expression,-now known or later developed, from which they can be perceived
On what basis does the government allow you to make a copy of copyright something?
courtesy
