What did Thomas Jefferson say about ideas?
: ideas should freely spread from one to another over the globe for the moral and mutual instruction of man and improvement of his condition
How does Thomas Jefferson's quote about ideas play out in our concept of intellectual property?
because ideas cannot be protected as a monopoly
What's an example of a piece that cannot be copyrighted?
Kasimir Malecich's art, Black Circle, circa 1913, would likely not be enforceable as a copyright because the circle is a basic building block
Which part of the Constitution does the United States authorizes Congress to "promote the progress of science and the useful arts, by securing for limited times to authors and inventors the exclusive right to their writing and discoveries."
Article 1, section 8, clause 8
The two delegates to the Constitutional convention in Philadelphia likely responsible for the ultimate language in article 1, section 8, clause 8 are...
James Madison and Charles Pinckney
The first implementation of this Constitutional clause (article 1, section 8, clause 8) was...
the Copyright Act of 1790, which closely resemble England's Statute of Anne
The Copyright Act of 1976 grants copyright protection to original expressions that are fixed in a tangible format, it is important to remember that registration with the US copyright office...
though a prerequisite for filing a lawsuit is not necessary for copyright protection
What are the 6 bundles of rights?
1. the right to reproduce the work in copies or phonorecords
2. the right to make distribute copies of the work to the public and make them available either by sale, lease, rental or lending
3. the right to publically display the work
4. the right or publically perform the work
5. the right to prepare the derivative works based on the original
6. the right to digital performances of the work
106 (4) rights are typically handled by...
performance rights organizations, such as BMI, SESAC, and ASCAP in the US
What do PROs do?
collect performance royalties from terrestrial radio, television and other performance venues and distribute them directly to the music publishers and songwriters
Intellectual property (intangible) most closely resembles real property (tangible) in that...
1. it grants the owner a legal monopoly in something and
2. it grants the owner the right to exclusive enjoyment of the possession
Intellectual properties include...
copyright, trademark, trade names and patents.
any name, symbol, or device or any combination thereof used to identify produces or services to distinguish them from those manufacture or sold by others
John Locke was a proponent of
natural rights, a very influential concept in the so-called "author's rights" philosophy
The US ultimately adopted what kind of copyright philosophy?
a utilitarian "user's right " philosophy
The utilitarian "user's right " philosophy held that the purpose of copyright is...
to encourage the widest possible production and dissemination of artistic works
The user's rights philosophy has been described by some as
a economic or trade-based philosophy
When a person jointly owns a copyright, each individual owns a
100%, undivided interest in the whole copyright
Mechanical licenses involve...
1. the right to make compilations and collective works
2. the right to digitally perform a sound recording
3. the performance right
4. the display right
5. the reproduction and distribution rights
What was the first US legislation to provide for the creation of a mechanical license to reproduce and distribute works?
The copyright Act of 1909
The Copyright Act of 1831 extended the initial term of protection from 14 to...(and what was the renewal period?)
28 years; the renewal period remained at 14, for a total of 42 years
The Copyright Act of 1909 extended the renewal period from 14 to...
28 years, granting a total of 56 years of copyright protection for those that renewed properly
Sound recordings were first protected under
Federal Copyright Law in 1972
Pre-1972 sound recordings are protected under
state common law