Chapter 14 Flashcards
(27 cards)
Intellectual Property Law
Composed of copyright, trademark, patent, and trade secret law
Copyright Law Basics
Protects original works of authorship fixed in a tangible medium
- Six Exclusive Rights of copyright holders:
!. Reproduce the work
2. Prepare derivative works
3. Distribute copies
4. Perform the work publicity
5. Display the work publicly
6. Perform digital sound recordings
What can Be copyrighted?
Literary works, music, film, software, art, choreography, sound recordings
What cannot be copyrighted
Ideas, facts, slogans, titles, methods, systems, or mathematical formulas
Duration of Copyright
- Pre-1978 works: 95 years
- Post-1978 individual works: Life of the author + 70 years
- Corporate “work for hire”: 95 years from publication or 120 from creation
- Fair Use Doctrine Allows limited use without permission under what 4 factors?
- Purpose and character of use (teaching, news, parody)
- Amount and substantiality of the portion used
- Nature of the copyrighted work
- Effect on the market value
Transformative Use
Alters the orinigal work with new meaning or expression; is often fair use
Courts consider whether the new work _______ for the original
Competes with or harms the market
Copyright infringement is determined by:
- Validity of the copyright
- Access by the accused
- Substantial Similarity
Trademark Law can Protect:
Words, phrases, logos, sounds, even colours or store layouts.
- The strength of a trademark depends on its distinctiveness:
- Fanciful - strongest
- Arbitrary - common word in unrelated context
- Suggestive - hints at qualities
- Descriptive - Directly describes the product
- Generic - Cannot be protected
Trademark Functions and Protection
First to use a mark has priority even without registration. TM and SM may be used without federal registration.
Fair Use and Parody in Trademark
Protected by the First Amendment if they do not mislead or confuse the public
Feist Publications v. Rural Telephone (1991)
Mere effort (“sweat of the brow”) is not enough for copyright
Harper & Row v. Nation Enterprises (1985)
Fair use is not allowed where unpublished material was scooped
Campbell v. Acuff-Rose Music (1994)
Parody may qualify as fair use even if for profit
Basic Books v. Kinko’s Graphics (1991)
Unauthorised copying of textbooks for course packs infringed copyright
Community for Creative Non-Violence v. Reid (1989)
Defined “work for hire” criteria
- Copyright
Legal Protection for original works of authorship
- Trademark
Identifies and distinguishes products or services
Fair Use
Legal Doctrine allowing limited licensed use of copyrighted material
Public Domain
Works not protected by copyright, free for public use
Works for Hire
Employer owns the work created by an employee within scope of employment
