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17 Cards in this Set
- Front
- Back
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Intellectual property laws do what?
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Protect ideas
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Types of Intellectual Property
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Copyright, Trademark, and Patents
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Copyright
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(Artists, Authors). Protects creative works such as books, periodicals, manuscripts, music, film and video productions, computer software and works of art or anything that is creative can be copyrighted. Signified with: © (c)
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Trademark
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(Business Oriented). Protects words, phrases and symbols identifying products and services. Signified with: ™ (TM) or ® (R) (registered trademark). Business-oriented
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Basis for IP law
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US Constitution, art 1, Section 8: “The Congress shall have Power... to promote the Progress of Science and Useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.” (pg 580). Helps your argument to be more legitimate, stronger
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Why protect creative works and inventions?
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To give protection to creators. We protect so we can encourage creativity, we want creators to create, and there’s no incentive to create if you can’t benefit from it or get credit.
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First copyright law
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Passed in 1790. Protected works for 14 years, with a one-time extension of 14 years. As lifespans got longer, in the last 40-50 years there have been tremendous changes, IP is an interesting topic because the law is ripe for renovation. Technology has outpaced the law.
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1976 Copyright Act
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(The last time Congress passed a law for copyright).
Protects “original works of authorship” that are “fixed in any tangible medium of expression” film, tv, books. Today: If you write a note, or record someone on your iPhone its your video |
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How long do copyrights last?
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Congress extended the length of copyrights with Sonny Bono Copyright Term Extension Act of 1998. Now a copyright is effective for the author’s life, plus an additional 70 years (it added 20 years with Sonny Bono).
They refer it to the Mickey Mouse act because Disney lobbied hard, because when Mickey Mouse is over after 70 years Mickey Mouse can fall under the public domain. Mickey Mouse is trademarked and it will be over after 70 years old. Mickey Mouse is a creative work not a trademark. The copyright to “Happy Birthday to you” was purchased by Time Warner for about $25 million 1988. They earn $2 million annually from royalties. Royalties are paid by those who use the song. |
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What happens when copyright ends?
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It falls into the public domain, meaning anyone can use it for any purpose at no cost.
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Fair Use Doctrine
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Fair use is a limitation and exception to the exclusive right granted by copyright law to the author of a creative work. IF use is a doctrine that permits limited use of copyrighted material without acquiring permission from the rights holders. Examples of fair use include commentary, search engines, criticism, news reporting, research, teaching, library archiving and scholarship. It provides for the legal, unlicensed citation or incorporation of copyrighted material in another author's work under a four-factor balancing test.
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Public domain
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When a copyright ends, it falls into the public domain, meaning anyone can use it for any purpose at no cost.
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Creative Commons
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Being able to use people’s work without their permission. Some rights reserved. Allows certain uses of their work. To compliment copyrights. If © is a red light, then (cc) is a green light. Permission has already been granted.
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Trademark – basics
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Protects words, phrases and symbols identifying products and services. Signified with: ™ or ® (registered trademark). Business-oriented.
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Trademark and fair use
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Permits using one company trademark to describe another company’s product. Courts will accept the fair use defense if the defendant used the mark to describe its goods and not as a trademark. The use cannot cause customer confusion. Example a company sold a VCR with two decks in one machine.
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SOPA
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Stop Online Piracy Act, a congressional Bill discussed last fall. The whole idea is to attack websites that host movies without permission. Criticism of SOPA went too far, to automatically take down websites that took down materials that were copyrighted to someone else. No evaluation of fair use, legitimate use, copyrighted use. YouTube, Google, and other search engines. Wikipedia, Google went dark, went to take down SOPA. SOPA was defeated.
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PROTECT IP Act
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Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act. Online protests killed these bills, but... this is still ongoing. Still a little extreme, first amendment issues, by taking the act down may be problematic. Old antiquated laws do not apply to the real digital world of today. We have some ideas today. This will be a discussion for the next years to come.
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