BLS review 2

BLS review 2 - Chapter 8: Intellectual Property and Unfair...

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Chapter 8: Intellectual Property and Unfair Competition Types of Intellectual Property: PATENT: o Engine design, business methods TRADEMARK o Logo, trade name COPYRIGHT o Sales materials, artwork Copyright Intangible right granted by statute to the author or creator of certain tangible literary or artistic productions o Can’t copyright an “idea” o Registration not required, but recommended To merit copyright protection such works: o Must be fixed – set out in a tangible medium of expression which they can be perceived, reproduced, or communicated. o They also must be original (the authors own work) and creative (reflecting exercise of creator’s judgment o Unlike patents, copyrightable works need not be novel Protects the ways in which things are expressed o I.e. Story line of a play is protected, but ideas, themes, and messages underlying it are not A work for hire exists when: o (1) An employee, in the course of her regular employment duties, prepares a copyrightable work; or o (2) An individual or corporation and an independent contractor (i.e. non employee) enter into a written agreement under which the independent contractor is to prepare, for the retaining individual or corporation, one of several copyrightable works designed in the Copyright Act. o In the first situation, employer is legally classified as the work’s author and copyright owner. In the second situation, the party who ( or which ) retained the independent contractor ins considered the resulting work’s author and copyright owner. Protection is automatic; registration not required, though recommended Works created after 1/78 are given protection for life of author + 70 years Protection for a work-for-hire (corporation owns copyright) is 95 years from first publication or 120 years from creation, whichever comes first Applicable law: Copyright Protection Act and the Copyright Term Extension Act Those who violate any of the copyright owner’s exclusive rights may be liable for copyright infringement. Infringement is fairly easily proven when direct evidence of significant copying exists; verbatim copying of protected material is an example. Usually, however, proof of infringement involves establishing that: o (1) the defendant had access to the copyrighted work; o (2) the defendant engaged in enough copying – either deliberately or subconsciously – that the resemblance between the allegedly infringing work and the copyrighted work does not seem coincidental; and o (3) there is substantial similarity between the two works
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o Access may be proven circumstantially, such as by showing the copyrighted work was widely circulated. o
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BLS review 2 - Chapter 8: Intellectual Property and Unfair...

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