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CMN228 > Session 9 > Flashcards

Session 9 Flashcards

1
Q

What is intellectual property?

A

Intellectual property is the property of your mind or intellect.

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2
Q

What is intellectual property generally regulated by?

A

Statute law.

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3
Q

Is intellectual property open to common law interpretation in the courts?

A

Yes.

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4
Q

What does intellectual property focus on?

A

The ownership of ideas and how these translate into a concrete/physical form.

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5
Q

What does intellectual property law relate to?

A

The expression of a person’s original thoughts and ideas, not the ideas themselves.

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6
Q

Are the physical expressions of intellectual property usually tangible?

A

Yes.

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7
Q

What are five examples of physical expressions of intellectual property?

A

Sketches, drafting, plans, manuscripts and music.

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8
Q

Is intellectual property often intangible?

A

Yes.

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9
Q

Does the expression of intellectual property usually have monetary value?

A

Yes.

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10
Q

Can the expression of intellectual property often be sold or traded?

A

Yes.

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11
Q

Can intellectual property be valuable?

A

Yes.

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12
Q

What property rights does intellectual property protect?

A

Property rights in creative and inventive endeavours.

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13
Q

Intellectual property protects rights rather than?

A

Physical property that cannot be seen or touch.

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14
Q

How long does intellectual property give creators and inventors exclusive economic rights?

A

For a limited rights.

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15
Q

Intellectual property gives rights and creators certain exclusive economic rights to deal with what?

A

Their creative works or inventions.

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16
Q

Intellectual property is designed to reward whom?

A

Creators.

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17
Q

Intellectual property encourages what?

A

Further intellectual creativity and innovation.

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18
Q

Does intellectual property enable community access to the products of intellectual property?

A

Yes.

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19
Q

What commonwealth statute protects the intellectual property of designs of manufactured goods?

A

Designs Act 2003.

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20
Q

What commonwealth statute protects the intellectual property of inventions?

A

Patents Act 1990.

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21
Q

What commonwealth statute protects distinctive marks?

A

Trade Marks Act 1995.

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22
Q

What are examples of trademarks?

A

Letters, words, phrases, sounds, smells, shapes, logos and distinguishing images.

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23
Q

What plant varieties are covered as intellectual property?

A

New plant varieties that are distinct, uniform and stable (Plant Breeders Rights Act 1994)
Original expressions of ideas in creative works including those in literary, artistic, dramatic and musical fields.
This is most relevant to the area of media.

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24
Q

What are new plant varieties covered as intellectual property under?

A

Plant Breeders Rights Act.

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25
Q

What are original expressions of ideas in creative works covered under?

A

Copyright Act 1968.

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26
Q

What are four examples of original expressions of ideas in creative works?

A

Film, broadcast, multimedia and computer games.

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27
Q

What piece of legislation is most relevant to intellectual property for the area of media?

A

Copyright Act 1968.

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28
Q

What is the main intellectual law writers are concerned with?

A

The exclusive and assignable legal right, given to originator for a fixed number of years, to print, publish, perform, film or record literary, artistic or musical material.

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29
Q

Copyright enables people who create and invest in content to?

A

Manage how others use that content.

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30
Q

Who collects copyright fees for many Australian writers?

A

Copyright Australia Limited.

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31
Q

For the purposes of categories, work can be divided into four categories. What are they?

A

Literary, dramatic, musical and artistic.

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32
Q

What are five examples of literary works?

A

Books, journal articles, short stories, computer programs and song lyrics.

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33
Q

What are four examples of dramatic works?

A

Plays, television, radio and film scripts.

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34
Q

What are two examples of musical works?

A

Musical scores and notated musics.

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35
Q

What are six examples of artistic works?

A

Illustrations, images, photographs, maps, graphs and charts.

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36
Q

What are the four other subject matters covered by copyright?

A

Film, sound recordings, broadcasts and published editions.

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37
Q

Who controls copyright in Australia?

A

Federal Government.

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38
Q

How does the Federal Government control copyright in Australia?

A

Through the Copyright Act 1968 and its amendments.

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39
Q

Is copyright free?

A

Yes.

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40
Q

Is copyright automatic?

A

Yes.

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41
Q

Does copyright apply even if work is unpublished?

A

Yes.

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42
Q

Who is generally the first owner of copyright?

A

The creator.

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43
Q

How long does copyright protection last?

A

Protection usually continues for 70 years after the end of the year of the creator’s death.

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44
Q

Can a creator leave their copyright to another person in a will?

A

Yes.

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45
Q

If there is no will, who does copyright go to after the death of a creator?

A

Next of kin.

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46
Q

Is Australia a party to the World Intellectual Property Organisation?

A

Australia is a party to the World Intellectual Property Organisation.

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47
Q

What does the World Intellectual Property Organisation cover?

A

Patents, trademarks and design.

48
Q

Does Australian legislation need to comply with the World Intellectual Property Organisation?

A

Yes.

49
Q

Why does Australian legislation need to comply with the World Intellectual Property Organisation?

A

Because we are a party to it.

50
Q

What is the oldest copyright agreement?

A

1886 Berne Convention.

51
Q

What is the most significant copyright agreement?

A

1886 Berne Convention.

52
Q

What does the the 1886 Berne Convention set out?

A

Basic categories of what can be protected.

53
Q

What are the basic categories of what can be protected according to the 1886 Berne Convention?

A

General written expression, visual arts, music and film.

54
Q

What rights does the 1886 Berne Convention set out?

A

It sets out rights of reproduction, broadcasting and adaptation as well as exceptions to rights and duration of protection.

55
Q

What year was the Berne Convention?

A

1886.

56
Q

Copyright on creative works produced by fulltime employees is usually assigned to whom?

A

Their employer.

57
Q

Anything produced while being employed by the government would belong to?

A

The government.

58
Q

If work is commissioned, what usually occurs to copyright?

A

The owner usually buys the copyright.

59
Q

Why is payment for commissioned work usually higher?

A

To compensate for losing copyright.

60
Q

If the work is made by a freelancer, does the creator usually retain copyright?

A

Yes.

61
Q

Are moral rights protected under copyright law?

A

Yes.

62
Q

What do moral rights offer creators?

A

The right not to have authorship of their work falsely attributed and the right of integrity of authorship.

63
Q

What do moral rights protect creators from?

A

Their work being used in a derogatory way that may negatively impact on their character or reputation.

64
Q

Can moral rights be sold?

A

No.

65
Q

Can moral rights be transferred?

A

No.

66
Q

Can courts impose penalties for breaches of moral rights?

A

Yes.

67
Q

What is an example of an injunction a court may impose for a breach of a moral right?

A

Offenders being ordered to publicly apologise.

68
Q

Why may penalties for breaching a moral right be?

A

Damages or injunctions.

69
Q

Is a person entitled to reproduce/communicate/publish/perform work without permission when they own copyright for the work?

A

Yes.

70
Q

Is a person entitled to reproduce/communicate/publish/perform work without permission when the copyright has expired?

A

Yes.

71
Q

What is an insubstantial part of a work?

A

1 chapter or 10% (the lesser of).

72
Q

Can people reproduce/ communicate/publish perform work if it is an insubstantial part?

A

Yes.

73
Q

What are examples of when a person may have explicit permission for work?

A

Contract, web site conditions, copyright owner has explicitly waived copyright,

74
Q

Can people reproduce/communicate/publish/perform work if they have an express licence to use the work?

A

Yes.

75
Q

Can people reproduce/communicate/publish perform work if their proposed use is a fair dealing?

A

Yes, if they observe fair dealing limits and rules.

76
Q

Can people reproduce material for personal use?

A

Yes, if they observe the personal use limits and rules.

77
Q

When using copyright work what must the user do?

A

Seek permission from the copyright owner for their intended use.

78
Q

What are the three exemptions to copyright?

A

Fair dealing for the purposes of research or study, fair dealing for criticism and review and statutory licences.

79
Q

What does fair dealing for the purposes of research or studying allow?

A

Allows students and researchers to copy protected material.

80
Q

How much does fair dealing allow students and researchers to copy from a perodical?

A

One article.

81
Q

How much does fair dealing allow students and researchers to copy from a literary work?

A

10 percent or one chapter.

82
Q

What percentage of works does fair dealing allow students and researchers to copy?

A

10%

83
Q

What is example of a statutory purpose for copyright?

A

It allows institutions assisting people with disabilities to reproduce material for defined purposes without having to obtain permission

84
Q

What does fair dealing for the purpose of criticism or review allow?

A

It allows reviewers to make use of copyright material provided they acknowledge the work.

85
Q

What is the penalty if a person is guilty of a criminal breach of copyright?

A

It is up to $93,500, five years jail, or both, for each offence

86
Q

How much can a company be fined for a breach of copyright?

A

Up to five times that of an individual $467,500

87
Q

Are there steep penalties for people who import items that breach copyright into Australia and advertise them for sale?

A

Yes.

88
Q

Can police issue an infringement notice for copyright?

A

Yes.

89
Q

Can an alleged offender avoid prosecution for copyright breach?

A

Yes, if they pay a fine of $1320.

90
Q

Are there civil remedies for copyright breach?

A

Yes.

91
Q

What civil remedies can a copyright owner seek for breaches of copyright?

A

A copyright owner can seek damages, payment of any profits and an injunction prohibiting an offender from continuing to infringe copyright.

92
Q

Are newspaper/magazine headlines copyrighted?

A

No.

93
Q

Are single words copyrighted?

A

No.

94
Q

Are advertising slogans copyrighted?

A

No.

95
Q

Are news, facts and data copyrighted?

A

No.

96
Q

Are spoken lectures given off the cuff copyrighted?

A

No.

97
Q

Are materials with expired copyright, copyrighted?

A

No.

98
Q

What are materials in the public domain?

A

Materials where copyright has expired.

99
Q

If materials have a notice on it stating the creator allows free use, is it under copyright?

A

No.

100
Q

What are examples where a creator enjoys free use?

A

Creative Commons, implied licence, mp3.com

101
Q

What is a patent?

A

A patent is a right that is granted for any device, substance, method or process that is new, inventive and useful.

102
Q

Do patents need to be applied for?

A

Yes.

103
Q

Are patents always granted?

A

No.

104
Q

Is a patent legally enforceable?

A

Yes.

105
Q

What does a patent give its owner?

A

It gives exclusive rights to commercially exploit the invention for the life of the patent.

106
Q

What is a trademark?

A

A trademark is a symbol that a business is recognised by.

107
Q

What are five examples of things that can be trademarked?

A

A symbol, logo, words, smells and sound.

108
Q

Can trademarks be a combination of things?

A

Yes.

109
Q

Are trademarks legally registered?

A

Yes.

110
Q

Can trademarks be established by use?

A

Yes.

111
Q

What does a trademark represent?

A

A company or product.

112
Q

Are most brand names trademarked?

A

Yes.

113
Q

What is a trademark used to distinguish?

A

Goods & services of one trader from those of another.

114
Q

What does a registered trademark do?

A

A registered trade mark gives legal right to use, license or sell within Australia the goods and services it covers.

115
Q

Do you have to register a trademark?

A

No but it is advisable.

116
Q

What is misrepresentation of a trademark protected under?

A

Australian Consumer Law specifically the Competition and Consumer Act 2010.

CMN228 (11 decks)

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