Chapter%2013 - Chapter 13: Copyright and Trademark Law...

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Chapter 13: Copyright and Trademark Law David Baumer, Spring 2003 Legal Environment of Business in the Information Age
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Copyright Law The Internet has posed challenges to copyright (CR) law, but so far the legal system has been effective at upholding the rights of CR owners Napster, MP3.com and DeCSS cases have all been decided in favor of CR owners Congress has augmented CR law by passing the Digital Millennium Copyright Act (DMCA)
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Copyright Law CR protection is given for original works of authorship fixed in any tangible medium of expression from which the work can be perceived, reproduced or otherwise communicated directly, or with the aid of machine or device Works capable of receiving CR protection include: literary works, including software, musical, dramatic, pictorial, graphic movies, sound recordings audio visual recordings caught on film and architectural works
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Copyright Law CR grants to authors or owners Exclusive rights to reproduce, distribute, or create derivative works (movies from books) There are additional, less important rights CR owners have There are significant exceptions to these exclusive rights Berne Convention U.S. joined the worldwide treaty that protects CR’s internationally in 1988 Three principles of the Berne Convention: Complete reciprocity--foreigners are treated the same as citizens in applying for CR’s.
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Berne Convention Berne Convention requirements No formalities required to get a CR Authors do not have to register to obtain a CR Authors do not have to provide notice in the form of a CR symbol ©. Under U.S. law, CR owners can obtain greater damages in CR infringement suits if they do register their CR’s and provide notice Registration of CR’s is relatively easy compared to obtaining a patent
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Duration of CR’s The Sonny Bono Act of 1998 A CR lasts for the life of the author plus 70 years For joint works it is the life of the last surviving author plus 70 years For works for hire it is 95 years from date of publication or 120 years from creation, whichever expires first
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Scope of CR Protection CR law protects the expression of ideas , not ideas Ideas are not copyrightable Same applies to a procedure, process, system, method of operation, concept, principle, or discovery In general CR cannot be used to protect functionality CR protection of databases CR law cannot be used to protect duplication of facts produced by the author CR law be used to protect the arrangement of facts There must be a nontrivial amount of creativity in the arrangement of facts; alphabetical order is not enough
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Legal protection given to databases by the EU is much stronger Commercial databases are protected from duplication regardless of amount of creativity Reproduced of small parts of a commercial database must be acknowledged If there is no other way of obtaining such facts, the copier
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This note was uploaded on 09/26/2011 for the course BUSINESS 411 taught by Professor Staff during the Spring '11 term at Youngstown State University.

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Chapter%2013 - Chapter 13: Copyright and Trademark Law...

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