We think you have liked this presentation. If you wish to download it, please recommend it to your friends in any social system. Share buttons are a little bit lower. Thank you!
Presentation is loading. Please wait.
Published byRickey Siddoway
Modified over 2 years ago
Copyright Law Class 1 Why Bother?
Why is Copyright Law Relevant? Impacts on economy huge. Affects artistic, cultural and moral sensibilities. Its interesting. Its challenging. Its cool. Copyright Law – Class 1 © 2011 Anne S. Mason
Reactions to Pretty Woman Montage Theft? Free speech? Mocking artistic work? Free ride? Fair use? Public interest/value? Copyright Law – Class 1 © 2011 Anne S. Mason
Andy Warhol Images Did he need permission from Campbells? Did he need permission from Marilyn Monroe? Does it matter if she was dead or alive at the time? Famous person/rights of privacy? Rights of publicity? Original works versus copied? Copyright Law – Class 1 © 2011 Anne S. Mason
Martin Luther King I have a dream speech - copyrighted? The written speech versus the oral speech - different treatment? What about people taping it? Recording it? Tweeting about it? Is the oral speech fixed in a tangible medium? Why does that matter? Copyright Law – Class 1 © 2011 Anne S. Mason
Zapruder Film of Kennedy Assassination Copyright Law – Class 1 © 2011 Anne S. Mason Public interest? Who owns? Historical fact/event? Fact versus fiction? Why does that matter?
Landslide How come one band can cover the song of another? What is the process? Why is it different from Pretty Woman scenario? Public policy issues? How does CR come into play at all? Copyright Law – Class 1 © 2011 Anne S. Mason
Brands Why are famous brands famous? What do they do? What are the issues with brands that are not the same as CR? Protection of expression versus source ID Trademarks arise from use in connection with goods and services. Words, names, symbols or devices. Copyright Law – Class 1 © 2011 Anne S. Mason
Trademarks and Service Marks contd Dont need registration; registration bestows rights. Unlimited duration so long as there is use. Federal registration gives rights that are nationwide in scope where used. Not exclusive to federal law - can register trademarks with states - intrastate commerce versus interstate. Copyright Law – Class 1 © 2011 Anne S. Mason
Trademarks and Service Marks contd Cannot be deceptive, cannot be confusingly similar to another mark, and cannot be merely descriptive or generic (lots of limitations). aspirin, band aid brand, Xeroxplease stop using our mark as a noun! Infringement = likelihood of confusion. Dilution, especially of famous marks. Domain names - function as a mark? What about _______sucks.com cases? Issues? Relatively expensive especially with searches - some flat fees $1,500. Office actions can lengthen time but generally 9-15 months. Copyright Law – Class 1 © 2011 Anne S. Mason
Patents Functional features of products and processes. Protection arises with government grant of patent. 20 years from date of application. Novel, not obvious, has utility. Copyright Law – Class 1 © 2011 Anne S. Mason
Patents contd Federal law only - federal court only. Expensive. Time consuming to get. Infringement = one who makes, uses or sells. No innocent infringer excuse. No independent creation excuse. Very expensive to litigate; Markman hearings and experts. Very good protections for 20 years - thats the trade off. Copyright Law – Class 1 © 2011 Anne S. Mason
Trade Secrets What are they? State laws control = look for statute. Indefinite so long as secret. Objective evidence of secrecy. Not commonly known in the particular industry. Independent creation and reverse engineering protections not there. Copyright Law – Class 1 © 2011 Anne S. Mason
Publicity Check state laws. Dead or alive? Rights of privacy interact. License. What happens when the celebrity falls from grace? Copyright Law – Class 1 © 2011 Anne S. Mason
Other State Laws Offer Protection Contract Unfair competition Misappropriation In rem actions (take a domain name) Copyright Law – Class 1 © 2011 Anne S. Mason
Copyright Covers expression and not ideas! Federal law - federal court. Preemption issues with state law complex. Covers certain works of authorship. In same clause as patents in the constitution. To promote the useful arts and sciences = goal; fosters conflict with individual rights. Copyright Law – Class 1 © 2011 Anne S. Mason
Copyright contd Cheap and fast to procure ($35!) Can do on-line. Infringement is violation of exclusive rights - so know what those rights are. Defenses like fair use have been codified. Damages, treble damages, and impoundment and destruction of goods. US Customs assistance available. Copyright Law – Class 1 © 2011 Anne S. Mason
1909 Act Versus 76 Act 1909 had dual track depending on whether published or not published. Federal system protected published works. State law protected unpublished works. 76 Act (effective 1/1/78) gives rights upon fixation not publication. Eliminates common law copyright. Copyright Law – Class 1 © 2011 Anne S. Mason
Copyright contd Original works of authorship. Now can grant rights in parts - dont have to license all rights in a bundle. Duration under 76 Act is life + 70 versus two 28 year terms in Formalities - if no notice on work under 1909 Act you dedicate to public domain forever. Same with 76 Act. Changed with entry in Berne 3/1/89. Notice now not required. Copyright Law – Class 1 © 2011 Anne S. Mason
International Issues No universal copyright laws. Look to the laws of the country where the work is to be sold. Look to treaties between nations. Berne applies to published and unpublished works. Does not apply in the country of origin. Life + 50 years is minimum. Moral rights. Copyright Law – Class 1 © 2011 Anne S. Mason
In Sum Big three of intellectual property = Patent, Trademarks and Copyright. State law protections may apply. National system at International level. Copyright Law – Class 1 © 2011 Anne S. Mason
IP Strategies for Start-Up Companies Scott Hervey Weintraub Genshlea Chediak Law Corporation 400 Capitol Mall, 11 th Floor Sacramento, CA 95814
Copyright Law Class 3 Works of Authorship. Copyright Law – Class 3 © 2011 Anne S. Mason Review Subject Matter: Original works of authorship fixed in any.
A Non-IP Lawyers Guide to Intellectual Property Fraser Clemens Martin & Miller LLC Patent, Trademark, Copyright & Intellectual Property Counsel Perrysburg,
Class 4 Derivative and Compilation Works. Copyright Law – Class 4 © 2011 Anne S. Mason Review Background and policies of copyright law -- to encourage.
Intellectual Property Protection – Critical Issues to Consider in Business Ventures John F. Letchford, Esquire Archer & Greiner, P.C.
Patent Basics Stuart J. West, P.E. West & Associates A Professional Corporation 2815 Mitchell Drive, Suite 209 Walnut Creek, CA Tel:
What Is Industrial Property? Distinctive Aspects of Industrial PropertyDistinctive Aspects of Industrial Property –The fact that more than one person.
Licensing and Protecting Your Intellectual Property By Andrew Berger, Esq. For the Cornell Entrepreneurial Network Webinar on April 23, 2010.
H A R Y A T I D E E P A K A D V O C A T E S & S O L I C I T O R S § T R A D E M A R K A G E N T S 1 haryatideepak advocates & solicitors I trade mark agents.
INTELLECTUAL PROPERTY IN THE DIGITAL ECONOMY Dr. Kristina Janušauskaitė WIPO TOT Program for SMEs Damascus, Syria January 16-20, 2011.
Copyright: Protecting Your Rights at Home and Abroad Office of International Relations US Patent and Trademark Office.
Copyright for Libraries A Roadmap of Copyright Law.
IP Audit "We're in an object-oriented, outsourced, and open-sourced world, and organizations are anxious to take steps to ensure that the software they.
1 Trademarks: Identifying & Protecting Your Rights Office of External Affairs United States Patent and Trademark Office.
Intellectual Property Joseph E. Maenner Maenner & Associates, LLC.
Copyright, Archives, and Digital Libraries Peter B. Hirtle Co-Director Cornell Institute for Digital Collections
September 10, 2010 Hà Thị Nguyệt Thu (NOIP) Well-known trademark protection Reference to the Japanese experience.
European Federation of Black Women Business Owners Black Business Expo London Inspires Women Innovators Connection (LIWIC) Key Intellectual Property Issues.
Legal Issues affecting Small Business Owners Presented at City of Chicagos Small Business Expo July 17, 2009 Daliah Saper Saper Law Offices
Copyright and Photography Saper Law Offices, LLC Presented by Daliah Saper.
Intellectual Property Rights H e l p d e s k Intellectual Property and the IPR-Helpdesk A presentation by Mónica Miñana.
Introduction to Intellectual Property Lucinda Jones WIPO-CAPS Workshop on Management of Intellectual Property for Photographers Beijing December 8-9, 2005.
IP Law and Administration in the UAE Presented By: Omar M. Obeidat Partner & Head of IP/IT Dept 20 December 2010.
IN FASHION AND OUT OF TROUBLE: LAW 101 FOR THE FASHION DESIGNER Presented by Daliah Saper tel: fax:
Industrial Designs Tamara Nanayakkara Counsellor Small and Medium Sized Enterprises Division World Intellectual Property Organization.
By: Pooria Gill Ph.D. of Nanobiotechnology
TUTORIAL ON COPYRIGHT LAW Based on materials prepared by Profs. Pamela Samuelson & David Post for the Computers Freedom & Privacy Conference, April 4,
Internet and Intellectual Property Law North Texas Microsoft Developer SIGs- North Texas PC User Group Daniel Mark Ogden, Attorney at Law Co-Leader, Application.
UBC Law INTELLECTUAL PROPERTY Copyright – Jennifer A. Marles Patents – Thomas W. Bailey Trademarks – Craig A. Ash Oyen Wiggs Green & Mutala LLP.
Copyrights: Lessons and Practice Tips From Recent Cases Kristie Prinz Prinz Law Offices August 5, 2004 © 2004 Kristie Prinz.
© 2016 SlidePlayer.com Inc. All rights reserved.