Transcript Intellectual Property/Copyright

GED / GSA 579
Intellectual Property Copyright
Intellectual Property
Covers:
Patents: In the U.S.. Provides a 17 year monopoly
granted to inventor for their invention. Essentially a
“head start” granted for a limited time in exchange for
disclosing useful information to society.
Trademarks: Any word, name, symbol, or device, or
any combination thereof, used by a business to
distinguish its good or services from those offered by
others.
Copyright: At its essence, it is the right to make
copies. Copyright is the legal protection provided by
statutes of the U.S. Government to authors of “original
works or authorship” from the time the work is
created in a fixed form.
History
History: Most of the American Legal basis for Intellectual
Property starts with British Common Law. (1710,
Statute of Anne).
On Sept 5, 1787 Article I, Section 8 of the U.S.
Constitution was drafted.
It states that Congress shall have the power….
“to promote the Progress of Science and useful
Arts, by securing for limited Times to Authors
and Inventors the exclusive Right to their
respective Writings and Discoveries.”
Initially, copyright only concerned itself with the
protection of printing, reprinting, publishing, and
vending for a period of 14 years.
Current Copyright Law
Title 17 of the U.S. Code
Digest: Copyright is the exclusive right of
any author, composer, or computer
programmer, and is his/her protection
against unauthorized reproduction,
display, performance, or translation of
his/her original works.
-Includes revisions of Copyright Law by the 1976
Copyright Act and the Berne Implementation Act
of 1988
Categories:
A. Literary works
B. Musical works, including any
accompanying words
C. Dramatic Works, including any
accompanying music
D. Pantomimes and choreographic works
E. Pictorial, graphic, and sculptural
works
F. Motion pictures and other audiovisual
works
Categories, con’t.
G. Sound recordings
H. Architectural Works
Copyright IS NOT extended to an idea,
procedure, title, process, system, method
of operation, concept, principle, or
discovery
Copyright Owners May:
A. Reproduce Works
B. Prepare derivative works
C. Distribute the work
D. Perform the work publicly
E. Display the work publicly
Transfer of Copyright
Any or all of a subdivision of copyright
ownership may be transferred
Duration
-Copyright STARTS IMMEDIATELY…”from the time
the work is created in a fixed form; that is, it is an
incident of the process of authorship.”
Previously, copyright material had to be
registered with the Copyright Office.
Works for Hire:
-Contracts: Newspapers, exams, faculty,
research?
Time/Duration of
Ownership
after it Reverts to Public Domain)
• Pre 1978 (Published)
The copyright expires 75 years from the date of publication (if the
copyright was renewed, 28 years from when copyright was endured)
• Pre 1978 (Created, but not published)
The copyright will expire on Dec 31, 2002
• 1978 to present (copyright owned by an individual)
The copyright will last for the life of the author, plus an additional 50
years
• 1978 to present (copyright owned by employer of author)
The copyright will last 75 years from the date of publication, or 100
years from the date of creation, whichever occurs first.
Sonny Bono Copyright
Term Extension Act
. Extends copyright protection by 20 years for
cultural works copyrighted after January 1,
1923.
Works copyrighted by individuals since 1978 got
"life plus 70" rather than the existing "life plus
50"; works made by or for corporations, known
as "works made for hire," got 95 years. Works
copyrighted before 1978 were shielded for 95
years, regardless of how they were produced.
7/20/2015
10
Sonny Bono Copyright
Term Extension Act
Pop icons such as Mickey Mouse, books
such as The Great Gatsby, films such as
The Jazz Singer, musicals such as
Show Boat - tens of thousands of works
copyrighted under earlier laws and poised
to enter the public domain - were covered
until at least 2019.
7/20/2015
11
Copyright Notice
4 Elements
-Copyright or c in a circle
-Year of copyright
-Name of copyright holder
-All Rights Reserved
Copyright 1999 The New
York Times Company
The New York Times
Copyright© 1999, LEXISNEXIS, a division of Reed
Elsevier Inc. All Rights
Reserved.
Fair Use
---Owner of the “Vessel”
I. Copyright owners have only first sale
rights to their works
II. Personal Use
III. Fair Use,first U.S. judicial interpretation
Folsom v. Marsh (1841)
Individuals and Libraries have rights under
17 USC Section 107 to use copyrighted
material for fair use purposes.
Fair Use
Fair use has come to be widely understood as a
balancing point between the rights of authors to
exclusive control over their works and rights to
have free access to the ideas contained in those
works.
“Including use by “reproduction in copies…for
purposes such as criticism, comment, use in
parody, reproduction for use in Judicial or
Legistlative activities, news reporting, teaching
(including multiple copies for classroom use),
scholarship, or research is not an infringement
of copyright. In determining whether the use 15
7/20/2015
Fair Use Guidelines
under 17 USC Section
107
I.Purpose and character of the use, including whether
such use is of a commercial nature or is for nonprofit
educational purposes.
II. The nature of the copyrighted work (is it factual or of
social value vs. entertainment) Satire, Parody
III. The amount and substantiality of the portion used in
relation to the copyrighted work as a whole.
IV. The effect of the use upon the potential market for or
value of the copyrighted work (the use must not
damage either the present or future market for the
work)
Recent Law Cases of Fair
Use
---Judicial Interpretations
Pretty Woman (Roy Acuff Music, inc) v 2
Live Crew
Universal and Disney v SONY
Basic Books v Kinkos
American Geophysical Union v Texaco, Inc
Playboy
New Law
H.R. 2265 No Electronic Theft Act
It is now a Felony to willfully infringe a
copyright by producing or distributing 10
or more copyrighted works with a value of
at least $2,500 within a 180 -day period.