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445_Copyright Law

445_Copyright Law - Downloaded From OutlineDepot.com...

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Downloaded From OutlineDepot.com Copyright Law – 21 August 2006 Office Hours -M 2:30 – 4 -W 2:30 – 5 “I don’t use TWEN, I find it a bit clunky.” -Barry Introduction to Copyright Law Three W’s of copyright (what, why, where What is copyright law? o Legal protection of the artistic creation o A limited exclusive right to use or control a work of human expression o Types of human expression Music Art Movies Books Speaking, oral expression – most common o Copyright gives the creator a limited right to exclude others from using that expression without there permission Why is copyright law becoming more and more important? (Still WHAT) o Technology, digital transferable mediums o Because information is a product of human expression then the law for protecting said expression is becoming more and more important every year Software, music, movies, books Where does copyright law come from? (Still WHAT) o Big three of IP law – Federal Copyright Patent Trademark o Difference between Patent and copyright Patent protects mostly human discoveries about technological or manufacturing processes or products Patent law provides legal protection to use or control ideas on how to make a product or how to configure a process (useful ideas) Copyright – creative human expression o Difference between trademark and copyright They overlap to a certain point
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Downloaded From OutlineDepot.com Trademark law is designed to cover one form of human expression Symbolic human expression that is meant to connect a companies products or services with the company itself o Supplemental State law for all three types of IP protection Doesn’t displace it, federal law will generally preempt the application of the state law Common law copyright law – what we had from England before the federal shit put into place Still has some applicability where the federal law leaves a vacuum In the area of protecting oral expressions Trade secret law is the supp for patent law Number of supp state laws for trademark – unfair competition laws – right of publicity laws There are supp laws that can provide additional protection for all three forms of IP law Tort of misappropriation K law is looked to a lot to provide supp protection Why do we have Copyright Law? Without the laws the original creators will lack the incentive to create things o Essentially it is an economic argument – many creators of useful products or useful expression will not do it if they can’t be compensated o Utilitarian philosophy of copyright – underlies the constitutional mandates for copyright and the federal acts the government has created Want to give authors and inventors sufficient incentive to create useful products or to generate useful expression Primary aim – simply to incent them to create things that will benefit the public o
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