Intellectual Property Rights - INTELLECTUAL PROPERTY RIGHTS U S CONSTITUTION Article I section 8 clause 8 The Congress shall have the PowerTo

Intellectual Property Rights - INTELLECTUAL PROPERTY...

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INTELLECTUAL PROPERTY RIGHTS U. S. CONSTITUTION - Article I, section 8, clause 8: “The 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.” - U.S. Constitution want to protect and create an incentive for works of authorship COPYRIGHT LAW - Copyright: right of an author of a literary or artistic production to publish, print, sell, or otherwise use that production for a statutory period of time - Deals with originality - Works of authorship that are copyrightable - Pictorial, graphic, and sculptural works: - Musical works, including any accompanying words: the song itself - Dramatic works, including any accompanying music - Pantomimes and choreographic works - Literary works - Motion pictures and other audiovisual works - Sound recordings (fixed on or after 2/15/72) - Architectural works - Copyright must be fixed in tangible form; you have to be able to hold in your hand - Must be original - Ideas are not copyrightable; expression of the idea is copyrightable - Exclusive Rights of Copyright Owner - Reproduction: right to copy - Distribution: right to offer for sale and sale copies; limited by first sale - Derivative works: new work but based on another copyright, ex: new movie based on book - Public performance: generally, applies to musical works; - ASCAP - BMI - SESAC - Public display - Digital performance right for sound recordings - Ownership of Copyright - Author of work: owns copyright, but author is not always the creator. Need to be clear on what % of ownership is with joint authorship - Works made for hire *essay question on this!* : if you pay someone to create a work of art, the hiring party owns the copyright. - Companies prefer ‘works made for hire’ rather than an assignment because in an assignment, the original author can within a 5-year window between the 35 th and 40 th year can terminate the contact and get the assignment back. Hiring party runs the risk that they’re going to lose their copyright. - Works made for hire can only be made by an employee - Employees v. independent contractors - Who controls the manner and means of production? - Whose place of business is used? - Whose tools are used? - Who sets the hours of work?
- How is the worker paid? - Does the worker have other jobs/clients? - Does the work require a great degree of skill? - Are taxes withheld from the worker’s pay? - To consider the work a work made for hire: it must fall under one of the nine types of commissioned works and be agreed in writing - contribution to a collective work: essay - part of a motion picture or other audiovisual work: soundtrack, animation - translation - supplementary work - compilation - instructional text - test - answer material for a test - atlas - Assignment of Copyright Ownership - Assignment: transfer of ownership - Statutory requirements: must be in writing -

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