|
| |
Intellectual
Property
Copyright, patent, and trademark
law.
Copyright
Defined: "A right granted by
statute to the author or originator of certain literary or artistic productions, whereby
that person has the exclusive privilege to multiply, publish and sell."
Copyright
Current laws based on
Constitutional protection, granted in Article I, Sect. 8, Paragraph 8.
First copyright law passed in
1790.
Major revisions in 1909 and 1976.
Copyright
Protection extends to:
Original works of authorship
fixed in any tangible medium of expression.
Has to be at least slightly
original.
Has to be embodied in a medium
sufficiently permanent or stable to allow it to be perceived, reproduced or otherwise
communicated.
Copyright
8 types of works protected in
statute:
1. Literary works
2. Musical works.
3. Dramatic works
4. Pantomimes and choreographic
works.
Copyright
Works protected, continued:
5. Pictorial, graphic and
sculptural works.
6. Motion pictures.
7. Sound recordings.
8. Architectural works.
Copyright
6 Exclusive rights of copyright
owner:
1. Reproduction.
2. Preparation of derivative
works.
3. Public distribution.
4. Public performance.
5. Public display.
6. Public digital performance of
a sound recording.
Copyright
Duration of copyright
Life of author plus 70 years.
Corporations: 95 years from first
publication or 120 years from creation of work, whichever is shorter.
Result of change in 1998.
Copyright
Duration of Copyright:
1976 Act: Extended duration to
life of author plus 50 years. Before, it was 28 years, renewable for one more 28-year
term.
Copyrights in their first term in
1976 extended 47 years, for a total of up to 75 years.
1998 act: extended that to 67
years from 1976.
Copyright
Copyright symbols
Required by 1976 Act, but no
longer required to be shown.
1989 Berne Convention
Implementation Act makes it optional to show symbol.
Still a good idea to use it.
Include symbol, date, name of
copyright holder.
Copyright
How to register copyright:
1. Apply to copyright office.
2. Pay copyright fee ($25).
3. Deposit copies of the work in
Copyright Office.
Copyright
Fair Use
Parody can be fair use
See Campbell v. Acuff-Rose (1994)
"Substantial" can be
qualitative, not just quantitative
See Harper & Row v. Nation
(1985)
Copyright
Work for hire
Work part of scope of employment
-- employer keeps copyright.
Work specially ordered for
commissioned from outside company -- who keeps copyright depends on contract.
Copyright
Free-lancers’ rights
Five possibilities
1. All rights.
2. First serial rights.
3. First North American serial
rights.
4. Simultaneous rights.
5. One-time rights.
Copyright
Remedies in copyright law
Injunction
Money damages
Criminal penalties
Trademark
A distinctive mark of
authenticity such as a word, name, or symbol through which the products of one
manufacturer may be distinguished from another.
Examples: Xerox, Burger King,
McDonald’s, Kleenex, Gators.
Trademark
Law also protects service marks,
such as slogans and titles.
Examples: "Have it your
way," "We do chicken right," "Genuine Chevrolet."
Trademark
Trademarks must be:
Distinctive.
Recognizable.
Original.
Trademark
Registration
Trademark right created through
adoption and use.
Patent and Trademark Office in
Washington issues certificates.
Renewable every 10 years,
forever.
Trademark must be used to be
re-registered (unlike copyright)
Trademark
Lanham Act
Prohibits use in commerce of any
mark that is likely to cause confusion about source of goods or services.
© A.L. Fargo 2001
|
