Copywrite/Intellectual property Flashcards
(27 cards)
What is intellectual property?
Intellectual property is not physical, its property rights are invisible but manifest physically and are enforceable in law – Intellectual property exists or comes into being via the impetus of creative intellect. Includes patents, trademarks and copyright
Who is legally known as the author of intellectual property? What rights do they have?
The creator is legally known as the author (even if it is a photograph or oil painting) and gets exclusive rights to its sale and distribution These and rights to public display are in the ownership bundle
What rights does a copyright provide?
the rights holder/owner with several exclusive rights. Among other rights, the owner has the right to reproduce the work, create derivative works from it, and perform or display the work publicly.
What are the three types of property?
Real property, personal property, intellectual property. Real and personal property rights can last forever, but some intellectual property rights expire after a period of time and fall into the public domain.
How long does copyright last for a company?
95 years from date of publication, or 120 years from date of creation for company authors
Difference between freelancer and work for hire?
Work for hire: person who is specifically hired to create an intellectual property under the specific direction of someone else. Freelancer: If you are a freelancer you own the copyright - the person who hires you owns only the first right to publication, rest of copyright goes back to freelancer.
What was Tassini vs New York Times 2001?
He sued as they digitized his articles and they only had rights to first publication as a freelancer - since then contracts sign away copyright rights for $1.
When does someone acquire rights to copyright?
The instant its created, but you can’t sue for copyright until its registered (e.g. happy birthday)
What does the Bern convention allow?
Bern convention is treaty that allows you to enforce intellectual property rights outside of your original country
Can US Federal Government own a copyright?
No it would violate article 1 of the constitution
What is the purpose of copyright?
To ensure the wide dissemenation of ideas
What is wilful infringement?
knew and had reason to know this property was owned by somebody - the worst type of copyright infringement
What is vicarious infringement?
Knew infringement was taking place and had means to stop it and didn’t
What is innocent infringement?
If you didn’t know it was copyrighted, still infringement but penalties are minimal
What is fair use?
Fair use - person being sued has used the copyrighted property in a manner that looks exactly like infringement, but common law has said there are some uses which are fair and not unlawful. E.g. commentary and criticism, educational purpose, and satire/parody
Derivative vs transformative use of copyright
Derviative use of copyright is an infringement. Transformative use has transformed it into something different entirely and that itself can be copyrighted.
What does a plaintiff have to prove when they sue for copyright infringement?
Copyright is registered - can be registered 30 years after product is completed
Defendant had access to the copyrighted material - available to public somewhere so possible this person could have seen it
The copy has to show a substantial similarity in idea and manner of expression
What are four things the court will consider as it tries to determine whether a use is a fair use?
PANE test
Purpose and character of the use - where you would have an academic use for example
Amount and substantiality of the use - e.g. if you photocopy 230 pages of 350 page textbook that isn’t allowed
Nature of the copyrighted work - e.g. publicly displayed whole act of human cannonball even though it was only 4 seconds (was 100% of act so substantial) and has big effect on market for people wanting to see it again
Effect on the potential market for the copyrighted work
Does copyright protect ideas?
No, just expression
What are patents for?
Processes, machines, products, and designs
What do trademarks and servicemarks identify?
A product or service like Nike or Visa
Is the person who created the object the author?
Not necessarily, if a person paid them to create it they are a worker for hire and the person who paid them is the author.
What is the defense to copyright infringement?
Fair use - includes parody or satire, and commentary and criticism, and use for educational purposes
What is misappropriation?
Taking benefit of someone else’s time, effort, and money
