Term
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Definition
- blanket term that protects creative works/intangible property
- works of creativity or intervention
- serves to protect creative works from unauthorized use
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Term
| areas of intellectual property law |
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Definition
- patents
- plagiarism
- marks
- copyright
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Term
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Definition
- one of four areas of intellectual property law
- innovations in products- brand new ideas/improvements on existing product
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Term
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Definition
- one of four areas of intellectual property law
- passing off other people's ideas as yours
- most problematic in terms of entertainment
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Term
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Definition
- one of four areas of intellectual property law
- trademarks & service marks
- things that come to be associated w/ products
- anything used for consumer identification of a product
- name, symbol, logo, etc.
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Term
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Definition
- protects marks when used in interstate/international commerce
- based on 2 principles
- consumer protection- consumers are aware of who maker is and can therefore expect quality
- protect company investment- reward companies that provide good quality w/ rights to marks --> consumer ID
- duration of protection
- 5 yrs.; then renewed every 10 yrs.
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Term
| ways to lose rights to mark |
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Definition
- mark is no longer distinctive
- mark is no longer in use (have 2 yrs. to use registered trademark before lose rights to it)
- cross-market competition
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Term
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Definition
- domain names- can only be used once
- originally first come, first served
- problems:
- cybersquatters
- error space
- "Anti" sites
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Term
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Definition
- problem with marks and the internet- domain names
- domain name refers to a company's name w/ hope that company will pay $ for the rights to that name
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Term
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Definition
- problem w/ marks and the internet
- concern about consumer deception- "typo-squatters"
- now a preference given to trademark owners
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Term
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Definition
- problem with marks and the internet
- defamation- ex: www.walmartsucks.com
- most opt for accusing of trademark infringement to get rid of these sites
- some just buy up these sites
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Term
| U.S. legal remedy to problems w/ marks & internet |
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Definition
- Amend Lantham Act to:
- protect trademark owners and consumers
- promote growth of commerce
- provide clarity in the law- clarify who has dibs on names
- add Anticybersquatting Consumer Protection Act (passed by Congress)
- trademark was copied maliciously
- trademark is remarkedly similar
- in order to win tradmark lawsuit plaintif must prove that
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Term
| international remedy to problems w/ marks & internet |
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Definition
- Uniform Domain Name Dispute Resolution Policy
- implemented by WIPO (World Intellectual Property Organization) to combat registration of same domain names and anti-sites
- 6,000 disputes handles since Dec. 1999- most cases decided in favor of trademark owner
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Term
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Definition
- originally tool of censorship
- statute of Eight Anne- changed purpose of copyrights
- encourages people to produce creative workds
- gives copyright to creator of work instead of to printer
- establishes creator/author can control how work is used for a fixed period of time, after which it goes into public domain
- reasoning: if author can profit from creation it inspires more creation
- Article I of U.S. Constitution- congress has power to promote progress of science and useful arts
- Berne Convention- international copyright treaty
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Term
| what can be copyrighted vs. what cannot |
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Definition
- can be copyrighted
- original work- distinct from other works
- in fixed form- tangible format (can't copyright ideas but can copyright expression of ideas
- author/creator holds rights- unless they've given rights to someone else\
- can't be copyrighted
- trivial materials
- ideas
- methods, systems, mathematical principles, formulas, equations (b/c of scientific value), but can copyright descriptions of them
- utilitarian goods- things used to produce other things (ex- lamps)
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Term
| rights of copyright holder |
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Definition
- reproducing work- copying for others to use
- control over derivative works- stems from original but in new format
- public distribution
- public performance- authorize particular ppl to perform work for money
- public display
- public digital performance
- * can license these rights to others
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Term
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Definition
- allows the purchaser to transfer a particular lawfully made copy of the copyrighted work without permission once it has been obtained. That means that a copyright holder's rights to control the change of ownership of a particular copy end, once that copy is sold, as long as no additional copies are made
- ex.- Blockbuster can sell copyrighted works
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Term
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Definition
- works created since 1978- copyright lasts life of author plus 70 yrs.
- public domain- no one has copyright; works can be used w/o limitations
- special case- works for hire
- employer owns copyright of work done by employees but contract should specify
- freelancers
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Term
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Definition
- some protection from moment creation takes fixed form (limited protection)
- attach notice of copyright- ex. (C) 2006 Jennifer Lambe (some protection)
- register w/ copyright office of Library of Congress (stronger protection)
- must give 2 copies of creation
- fill out form
- pay small fee
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Term
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Definition
- violations of 6 exclusive rights of copyright holder
- courts consider:
- is copyrigt on plaintiff's work valid? is work sufficiently original to deserve copyright protection?
- did the defendant have access to plaintiff's work prior to alleged infirngement?
- if not- protects someone who actually independently came up w/ same idea @ same time
- are 2 works the same or substantially similar? (general ideas & themes/how idea or theme is expressed)
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Term
| lawful use of copyrighted works |
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Definition
- transfer of holder's rights- holder sells rights to someone else
- licenses for specific uses- pay fee for licensing
- fair use doctrine
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Term
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Definition
- used to make legal the use of copyrighted works
- considers:
- purpose and character of use (non-profit v. commercial)
- nature of copyrighted work (things out of print are more likely to be granted use)
- amount and substantiality of portion used in relation to whole work
- effect on potential market/value
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Term
| purpose and character of use |
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Definition
- first criteria of fair use doctrine
- more likely to be OK to use if:
- noncommercial
- educational
- criticism/commentary
- news reporting
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Term
| nature of copyrighted work |
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Definition
- second criteria used in fair use doctrine
- is work still available?
- is it a consumable (intended for more than one use) work?
- is work informational or creative?
- is work published or unpublished?
- right to 1st publication is held strongly in courts = problematic in claiming fair use
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Term
| amount and substantiality used |
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Definition
- criteria used in fair used doctrine
- how much (in proportion) is the heart of the work revealed?
- proportion of work used is more impt. thatn actual # of pages
- is heart of work given away?
- will people not want to read it anymore?
- ex- Gone w/ Wind parody- used too much from original
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Term
| effect on potential market/value |
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Definition
- criteria used in fair use doctrine
- more weight than other 3
- does use diminish the ability of the copyright holder to profit from their work?
- direct impact but also derivative works
- Harper & Row v. Nation Enterprises
- ex.- JK Rowling & Encyclopedia of Harry Potter Language
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Term
| Harper & Row v. Nation Enterprises |
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Definition
- 1985- President Ford's memoirs published by Harper and Row
- Enterprise ran 400 words about memoir before it was published
- told why Ford pardoned Nixon
- H & R won b/c Enterprise gave away heart of the wokr and printed story before book was published
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Term
| Penalties for infringement |
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Definition
- injunctions- stop someone from further publishing or distributing that violated work
- damages-
- plaintiff's losses- amount of financial loss suffered by copyright holder
- defendant's profits- what violator has gained go to plaintiff
- *greater damages if infringement was intentional
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Term
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Definition
- technical aspects
- quick, easy, cheap
- high quality copies (as good as original)
- arguments about validity of copyright law in cyberspace
- existing copyright law is being applied to internet
- enforcement is another issue
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Term
| Digital Millenium Copyright Act |
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Definition
- 1998- US abides by international copyright agreements
- prohibits devices designed to circumvent technological protections for copyright
- 500,000 and possible jail sentence
- encryptions?
- Exemption for ISPs- exemption from legal responsibiltiy if its users are using them to transmit this illegal material, as long as they aren't reviewing content
- if they are notified they must take action by removing material or blocking user
- music/movie industries- concern for file sharing; technology to decrease file size and transport it quickly for free =$ lost
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