MoA - Creation Flashcards
What are the property categories for creation?
- Accession
- Copyright
- Patent
- Trademark
Rule for Accession
Accession occurs when one person is the material owner and another person adds labor to the material to create value.
Typically, the material owner has the right to ownership, UNLESS laborer:
1) added substantial value
2) acted in good faith
(i.e.) Mo takes lumber from Jennifer’s forest (doesn’t know forest is privately owned) and makes it into art that is priced at $100. Belongs to her b/c she 1) added substantial value and 2) acted in good faith
Rule for Copyright
A copyright must be an original work of authorship in a tangible form.
Three requirements:
1) originality
2) work of authorship
3) fixation
What does a copyright do?
PREVENTS others from:
- reproducing
- creating imitations
- distributing copies to public
- displaying/performing work publicly
What is the Fair Use doctrine?
Hint: copyright
Allows other to use copyrighted material w/out permission. Factors for fair use:
1) the purpose of the use
2) the nature of the copyrighted work
3) the portion used
4) effect on the market
Rule for Patent
Five requirements:
1) patentable
2) novel
3) useful
4) non-obvious
5) have enablement (anyone w/ ordinary skill can use it)
What does a patent do?
PREVENTS others from: - making - using - selling the patented invention during the TERM of the patent
Rule for Trademark
Any word, name, or symbol used to identify goods that is 1) distinctive (distinguishing mark)
2) non-functional (b//c patent law protects on basis of functionality)
3) first in use in trade
What does a trademark do?
PREVENTS:
- customer confusion
- encourages consistent quality
- prevents competitors from freeriding on goodwill of others
Rule for right of publicity
Protects from the unauthorized use of one’s name, voice, signature, photograph, or likeness
Factors to consider:
1) use of identity
2) appropriation of likeness
3) lack of consent
4) resulting injury
