Quiz 4 - Intellectual Property Flashcards
what is copyright?
Something that is copyrighted is protected.
It protects original works that are tangibly expressed FROM
examples of things that can be copyrighted?
EXPRESSIONS!
- literary works: books
- plays
- music and lyrics
- choreography, movement
- pictures, sculptures, visual representations of things
- films
- architecture
- computer code
what isn’t protected by copyright?
ideas, procedures, concepts. the thing that was achieved through these mediums is protected, but not the method.
using clay and your hands? not copyrighted.
making david? copyrighted.
how is copyright limited?
- the work must be ORIGINAL. (this is a pretty low standard, doesnt have to be that original)
- the work must not be for UTILITARIAN purposes -that requires a patent. (this is difficult because architecture…computer code.)
- the expression must be physically expressed: there must be a physical embodiment of the work
what 5 privileges do you get if your work is copyrighted?
RIGHTS TO
- reproduce
- adapt it
- distribute
- display it publicly
- perform it publicly
what 3 restrictions are there?
- IDEA/EXPRESSION DISTINCTION: copyright protects expressions, not ideas
(“Unlike a patent, a copyright gives no exclusive right to the art disclosed; protection is given only to the expression of the idea—not the idea itself.”
CJ used the analogy of reporting a person’s fall from a bus: the first person to do so could not use the law of copyright to stop other people from announcing this fact.)
MERGER DOCTRINE: if there is no way to separate the idea from the expression, then a copyright cannot be obtained.
- FAIR USE RULE: even copyrighted expression can be used w/o permission if use is non-profit, educational, part of a news story
- LIMITED DURATION: all 5 copyrights lapse after the lifetime of the author plus seventy years. in the case of works for hire, 95 yrs from publication or 120 yrs from creation, whichever first.
- FIRST SALE RULE: prevents copyright holder who soldd copies of protected work from interfering with subsequent sale of those copies. (allows libraries, lending, re-sale)
remedies (punishment) for copyright violations
if “substantial similiarity” to a copyrighted thing, damages can range from $250-$50k
what is a patent & restrictions
grants 20 year exclusive monoply of any experssion or implementation of the protected work
usually applies to invention/discovery of new/useful processes, machines, articles of manufacture, or compositions of matter
RESTRICTIONS: requires usefulness (has to do at least one thing it says it will), novelty, and nonobviousness of subject matter
rights of patent holder
- right to make
- right to use
- right to sell patented item
- right to authorize others to sell patented item
remedies (punishments) for patent violation
you can go to court, arbitration to settle dispute. basic remedies include money, injunction - this prohibits use/sale of patented invention. court can also make it so that use of all of the violation-patents are prohibited
trade secrets & restrictions
ulmtd content that is kept privately private by companies that don’t want other companies to have access/edge
restrictions: if trade secret inherit in product, can be deduced by it’s use/analysis, it is no longer a trade secret (chemical analysis of sample)
remedies/punishments for trade secret violation
you steal someone’s trade secrets, you’ve gotta give em royalty on all the money you make with the secret. in some cases, court can order u to pay exemplary damages
trademark?
a word, phrase, symbol or design that distinguishes one brand from another. it helps companies have a defense against counterfeits. its not about protecting ideas, its about protecting goods/services
trademarks develop over time, gaining strength through public recognition. can be indefinitely theirs if it doesnt become generic term (kleenex)
DILUTION is when unauthorized use of that trademark makes ppl confused about the product theyre getting, this dilutes or tarnishes the “distinctinve quality”
TEST is whether or not there is “confusing similiarty” - the likelihood of the confusion increases, so does the violation
remedies/punishments for trademark violation
injunctions, not very many good remedies.
damages and accountign of profits
counterfeiting damages: destroying counterfeit products
moral rights inherit in copyright, patents, trademarks?
even beyond economic rights, a person has the right to claim a work they’ve created, prevent its deformation, and destroy it.
