Iv. Intellectual Property

Front 1

The law of intellectual property attempts to balance two competing goals:

Back 1

a. Providing an incentive to invest time and resources into creative efforts
b. Encouraging competition to reduce the price of goods

Front 2

What does a copyright do?

Back 2

1. Protects “original” work
a. Requires minimal creativity
b. Work must be fixed in tangible form
2. Extends only to the particular form or manner in which a fact or idea is expressed, not to the fact or idea itself (rule is changing)

Front 3

Name and Define the exception to a copyright.

Back 3

Fair Use Doctrine
a. Use of copyrighted materials for teaching, scholarship, news reporting, parody, and similar purposes is permitted without authorization
b. Four Factors of Fair Use (N.A.P.E.)
i. Nature of use
ii. Amount and substantiality of material copied
iii. Purpose and character of use
iv. Effect of use on market

Front 4

What is point of copyright law?

Back 4

a. Copyright law prohibits from copying protected documents
b. Copyright law is in the interest of the public because authors will stop writing works if they don’t have anything to protect their interests

Front 5

What is a Patent?

Back 5

Exclusive property rights in certain types of inventions may be secured under a federal patent

Front 6

What is a trademark?

Back 6

Word, name, symbol, or device used to identify and distinguish products

Front 7

What is the Lanham act?

Back 7

Creates a federal remedy for false representations or false designations of origin used in the sale of a product
i. Must be proof of the likelihood of confusion which occurs when consumers make an incorrect mental association between the involved commercial products or their producers

Front 8

What are the 8 factors of the 8- factor test form the Lanham act?

Back 8

i. Strength of Π’s mark
ii. Relatedness of goods
iii. Similarity of marks
iv. Evidence of actual confusion
v. Marketing channels used
vi. Likely degree of purchaser care
vii. Defendant’s intent in selecting the mark
viii. Likelihood of expansion of the product lines

Front 9

What is the right of privacy?

Back 9

1. The right of a person to be free from
a. Unwarranted publicity
b. Unwarranted appropriation or exploitation of one’s personality
c. The publicizing of one’s private affairs with which the public has no legitimate concerns
d. The wrongful intrusion into one’s private affairs with which the public has no legitimate concern

Front 10

What is the right of Publicity?

Back 10

Celebrities have an interest that may be protected from the unauthorized commercial exploitation of that identity—applies to name and likeness