R6.3 – Copyrights & Patents Flashcards
What a Copyright Protects
Copyright protects original work in any tangible medium of express
– Not procedures, processes, or concepts
Protected – Literary works, such as books – Musical works and choreographic works – Pictures including photographs – Films – Sculptures – Computer programs (the look of a user interface not protected) – Architectural works – Foreign-language production of the copyrighted work
Copyrights
Copyright = federal right that gives authors of original works certain rights to control the reproduction of the work
Copyrights last for the creator’s life plus 70 years.
– Company-owned copyright = earlier of 1) 95 years from publication or 2) 120 years from creation
Copyright protection is automatic, but to be able to enforce in court, register copyright with Federal Copyright Office
Rights granted by copyright
A copyright gives the owner the exclusive right to:
– Reproduce the work
– Prepare derivative works based off the work
– Sell or distribute copies of the work
– Perform or display the work publicly.
Fair Use Doctrine
Copyrighted work can be used without the owner’s permission for criticism, comment, teaching or news reporting.
Who owns a copyright
Generally, the creator of a copyrighted work owns the copyright
Exceptions
– Work created by employee for employer within scope of employment is = employer owns the work
– The person commissioning a work to be created owns the copyright
Copyright infringement cases
Owner must prove ownership of a violation of at least one copyright rights
– Does not have to prove fault or that entire work was taken
Remedies
– Injunction
– Impounding of offending material
– Damages, including infringer’s profits or statutory damages of $500-$20,000 ($100,000 if violation was willful)
– Cost of bringing the suit
– Criminal file up to $250,000 or 5-year imprisonment (typically for large-scale piracy)
Patents
Patent = federal right to protect an invention, process or design that is
– novel
– useful, and
– not obvious to a person skilled in the area
Patent protection is not automatic, must apply to US Patent and Trademark Office
– Protection kicks in when US Patent and Trademark Office issues patent
Patent last 20 years for inventions, and 14 years for designs
What a Patent Protects
Patent gives exclusive rights to make, use, and sell invention
Protected – Machines – Chemical compounds – Plants produced by asexual reproduction – Genetically engineered bacteria – Computer programs
Not Protected – Naturally occurring substances – Abstract ideas – Laws of nature – Business methods (e.g. new accounting techniques).
What a Patent Does not Protect
– Naturally occurring substances
– Abstract ideas
– Laws of nature
– Business methods (e.g. new accounting techniques).
Who Owns A Patent
Generally, the creator of the patented item owns the item
Exceptions
– Work created by an employee for employer within the scope of employment
= employee owns patent but must use it for employer’s benefit and assign right to employer
– Employees used employer’s facilities to create item
= employer has right to nonexclusive use of patent without paying a royalty
Patents rights are transferable – transfer must be in writing
Remedies for Patent Violations
Injunction
Damages
– At least equal to reasonable royalty
– Treble damages if unauthorized use international
Defense re: patent violation
Possible defenses = patent improperly granted because product or design not truly novel, useful, and unobvious
Lack of knowledge not defense
