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ch.14 ppt

Terms in this set (44)

Copyright
An area of the law that deals with intangible property—property that a person cannot touch or hold or lock away for safekeeping
Patents
Gives the inventor a monopoly on selling the product for 20 years
Three kinds of patents include:
Patents on inventions with utility; Patents on designs; Patents that protect plants
Trademarks
Any word, symbol or device (or combination of the three) that differentiates an individual's or company's goods and services from those of competitors
The function of trademark law is
to stop confusion in the marketplace; Brand names, shapes, slogans, telephone numbers and colors can all be trademarked
Main Functions of Trademarks and Service Marks
Distinguish one seller's goods from another's; Signify all goods bearing the trademark or service mark come from a single source; Signify all goods bearing the mark are of an equal quality level; Serve as a prime instrument in advertising and selling
To establish a trademark the applicant must:
Submit a registration application to the U.S. Patent and Trademark Office; Conduct a search to determine originality; Pay a registration fee for the trademark
Anyone who claims the right to a trademark can
use the TM designation with the mark to alert the public; It is not necessary to have a registration or pending registration to use the TM mark; Under the law, it is the first person to use the mark, not the first to register it, who is protected
Plagiarism
The act of taking ideas, thoughts or words from another and passing them off as your own
Plagiarism cases arise from news stories, but also
from books, motion picture and television scripts and other media; Most plagiarism cases are resolved outside of the legal system
Six Rights under Copyright Law
The right of reproduction of the work; The right of preparation of derivative works; The right of public distribution of the work; The right of public performance of the work; The right of public display of the work; The right of public digital performance of a sound recording
Materials that can be copyrighted include:
Literary works; Musical works
Dramatic works, including accompanying music; Pantomimes and choreographic works; Pictorial, graphic and sculptural works; Motion pictures; Sound recordings
Materials that cannot be copyrighted include:
Trivial materials such as titles or slogans; Ideas; Facts; Utilitarian goods; Methods, systems, mathematical principles, formulas and equations
Facts cannot be copyrighted
No one can claim ownership of facts; anyone can broadcast or publish them
Telephone Books and Databases
Feist Publications, Inc. v. Rural Telephone Service Co., Inc. (1991); The U.S. Supreme Court rejected the "sweat of the brow" doctrine advanced by Rural Telephone; While some new compilations of facts may be protected by copyright, the Court said there was no novelty or originality in alphabetically compiling these materials
Feist Publications, Inc. v. Rural Telephone Service Co., Inc. (1991)
Only those databases (electronic or print) in which factual items are organized or selected or coordinated in some novel or artful manner will be protected by copyright law
Copyright law does not protect the facts in the story; other journalists may use the facts you have gathered to write their news story
Copyright law protects the expression of the story—the way it is told, the style and manner in which the facts are presented
Research Findings and History
Courts have ruled that the finder of a fact in history does not own that fact, so it may not be copyrighted
unfair competition
It is intended to stop: A person trying to pass his or her work off as the work of someone else; A person trying to pass off the work of someone else as her or her own work
Duration of Copyright
Works created before January 1, 1978 are protected by copyright for 95 years; Works created after 1978 are protected by copyright for the life of the author or creator plus 70 years; Works created by more than one person are protected by copyright for the life of the last living creator plus 70 years; Works for hire are protected by copyright for 95 years after publication
After a copyright expires, a work
falls into the public domain and may be copied by any person for any reason without payment of royalty to the original owner
Fair Use
Permits limited copying of an original creation that has been properly copyrighted and has not yet fallen into the public domain
Factors To Be Considered In Determining Fair Use
The purpose and character of the use; The nature of the copyrighted work; The amount and substantiality of the portion used in relation to the copyrighted work as a whole; The effect of the use on the potential market for or value of the copyrighted work
Categories of use that may be protected under fair use include:
Criticism and comment
Teaching
Scholarship and research
Copying for educational use should be:
Brief—under 1,000 words; Spontaneous, with no time to get permission; Not occur more than 9 times a term, with limited copying from a single author; Labeled with a copyright notice; Used in a way that does not substitute for the original work and costs a student no more than the actual copying
In determining the nature of the work, courts ask:
Is the copyrighted work still available?; Is the copyrighted work a consumable work?; Is the work an informational work or a creative work?; Is the work published or unpublished?
The Portion or Percentage of a Work Used
The amount of a work used is not as important as the relative proportion of a work used; This proportion includes exact copying and paraphrased material
Effect of Use on Market
most important of the four criteria; The inability of the plaintiff to demonstrate an adverse economic impact from the copying can frequently in and of itself sustain a fair-use ruling; When evaluating economic impact, the court considers not only direct impact, but also the impact on derivative works
Until 1989, the failure to affix a copyright notice (Copyright © 2015 by Jane Adams),
meant a work would not be protected from infringement; Today, a copyright notice is not required to protect a work; Once a work is created it is protected
A copyright notice should include:
The word "copyright," the abbreviation "copr.", or the symbol ©; The year of publication; The name of copyright holder or owner
To register a copyrighted work with the federal government, the owner must:
Fill out the proper registration form; Pay a registration fee; Deposit two complete copies of the work with the Copyright Office
Three criteria to determine copyright infringement
Is the copyright on the plaintiff's work valid?; Did the defendant have access to the plaintiff's work prior to the alleged infringement?; Are the two works the same or substantially similar?
Originality of the Plaintiff's Work
Originality is not determined when a copyright is granted, only when a lawsuit arises; Can the author claim this work is sufficiently original or novel?
Access
The plaintiff must convince the court that the defendant had access to the copyright work
Copying and Substantial Similarity
There must be more than minor similarities between the works; there must be substantial similarity
The Internet has challenged copyright law because
digitized information can be copied quickly, easily and cheaply, and the copy is every bit as good as the original
Once the original is copied, it can easily be distributed
via the Web to others who can also make copies
Digital Millennium Copyright Act
Prevents the circumvention of technological measures that control access to copyrighted works—so-called encryption codes; Outlaws the manufacture, importation or sale of devices used to circumvent such protections
File Sharing
The theft of recorded music via the Internet wasn't a serious problem until the late 1990s because it took so long to download a song; By late 2009, file sharing had ceased to be a primary issue in copyright litigation because every time a legal solution was fashioned, new technology allowed file sharers to bypass the legal limits put in place
Film and Television
Illegal downloading of movies has been a problem for several years; The use of camcorders in theaters accounts for most piracy; Many video products are stolen or copied during the production process
Candidates are increasingly using the Internet to spread
their political messages; Candidates are discovering that some copyright holders are using provisions in the 1998 Digital Millennium Copyright Act (DMCA) to block their messages
Rights a Publisher May Purchase From a Freelancer:
All rights—ownership of the complete story or photograph; First serial rights—the right to use the piece for the first time in a publication; First North American rights—the right to use the piece for the first time in a North American publication; Simultaneous rights—the right to print the material at the same time as other publishers; One-time rights—the right to use a piece just one time
A Plaintiff May:
Ask the court to assess the defendant for any damage they have suffered; Ask for the reimbursement of profits made by the infringer from pirating the protected work; Receive statutory damages - damage amounts prescribed by the copyright law
The Internet has challenged copyright law because
digitized information can be copied quickly, easily and cheaply, and the copy is every bit as good as the original
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