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Mass Media Law chapter 14
Terms in this set (36)
legal concept that deals with intangible property/ property can't can't be locked away for safe keeping
important in technological developments; gives inventor monopoly of a selling product for 20 years
patents on three types of things
-inventions that have utility
-inventions that are designs
-plants that can't be reproduced asexually
-Any word, symbol or device (or combination of the three) that differentiates an individual's or company's goods and services from competitors.
-rights belong to the first person to USE the trademark, not the first person to register the trademark
submit a registration form to the patent and trademark office in DC and pay a fee
renewing a trademark
must be renewed every 5 years; if renewed after 10 years it is maintained indefinitely
protection in the way a product is packaged; you can get a registered trademark on things besides actual product (i.e. shape of coke bottles is trademarked)
-Academic/ ethical concept; when a writer takes ideas, thoughts, or words from another and passes it off as his own
-Usually handled outside the legal system, but suits can be filed for copyright
the 6 rights protected under copyright law (what author/owner can do with their work)
-preparation of derivative works
-public distribution of works
-public performance of works
-public display of works
-public digital performance of a sound recording
7 things that can be copyrighted
-literary works including computer software
-pantomimes and choreographic works
-pictorial, graphic, and sculptural works
things that can not be copyrighted
-trivial things: titles, slogans, minor variations of work
-facts: "the world is round"
-methods, formulas, mathematical principals, formulas, equations
aspect of common law that stops people from passing off work of someone else as his or her own or a person trying to pass off his/her work as the work of someone else
duration of copyright protection
-created before jan 1st 1978: 95 years
-after jan 1st 1978: life of creator +70 years
-created by more than one person: life of last living creator + 70 years
-works for hire: 95 years after publication
Permits limited copying of an original creation that has been properly copyrighted and has not yet fallen into the public domain
4 parts of fair use
-purpose and character of use
-nature of work
-portion/percentage of work used
-effect on market (most important)
purpose and character of use
ways it can be used:
1. criticism and comment
3. scholarship and research
copyright for educational use
-brief <1,000 words
-spontaneous without time for permission
-carry a copyright notice
-not occur more than 9 times/term with limited copies from single author
-Not be a substitute for purchase of the original work and not cost the student more than actual copying cost.
nature of work
In determining the nature of the work, courts should ask:
1. Is the copyrighted work still available?
2. Is the copyrighted work what is called a consumable work?
3. Is the work an informational work or a creative work?
4. Is the work published or unpublished?
portion/percentage of work used
how much was used in relation to the whole? Includes exact copying AND paraphrasing
effect on market
court considers direct impact, and impact of derivative works
if plaintiff can't prove negative impact it is usually a fair-use ruling
copyright notice should include
a) The word "Copyright," the abbreviation "Copr." or the copyright symbol. b) The year of publication.
c) The name of the copyright holder or owner.
fill out proper form, pay fee, deposit 2 complete copies of work to copyright office
no exclusive definition; determined if:
1. Is the copyright on the plaintiff's work valid?
2. Did the defendant have access to the plaintiff's work prior to the alleged infringement?
3. Are the two works the same or substantially similar?
question of plaintiff originality
only asked when suit is filed,
You can not claim infringement on history or situations and incidents in a story that flow naturally from the basic plot premise.
infringement on the internet
Copyright has been challenged by the Internet, more than it has by any other medium, due to the fact that work can be copied and distributed quickly/ easily; Traditional copyright law has been applied to the Internet.
Digital Millenium copyright act (DMCA)
Prevents circumvention of tech measures that control access to copyright works and outlaws the making, selling, and importing of such protections
Stop Online Piracy Act (SOPA)
proposed; tries to crack down on copyright infringement like on sharing sites
too many flaws would devastate sites like facebook
Film and TV infringement
illegal downloading has been ongoing issue
camcorders in theaters are biggest contributor
politics and copyright
politicians increase using internet to spread message, but some copyright holders are using DMCA to block them
5 rights publishers can purchase from freelancers
-first serial rights
-1st north american serial rights
-one time rights
he creator sells complete ownership of the story/photo
first serial rights
The buyer has the right to use the piece of writing/photo for the first time in a publication anywhere in the world, but can only use it once; and then the creator can sell it to someone else.
first north american serial rights
the rights are the same as those in number 2, except the buyer has the right to publish the material first in North America, not anywhere in the world.
The publisher buys the right to print the material at the same time other periodicals print the material. All publishers must be aware that simultaneous publication will occur.
one time rights
The publisher purchases the right to use a piece just one time. There is no guarantee that it has not been published elsewhere first.
A plaintiff may:
a) Ask the court to assess the defendant
for any damage they have suffered.
b) Ask for the reimbursement of profits made by the infringer from pirating the protected work.
c) Receive statutory damages.
THIS SET IS OFTEN IN FOLDERS WITH...
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MCJ 454 Exam 2
Mass Media Law chapter 15
Chapter 14 (450-454)
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