MCLawCh10notes

MCLawCh10notes - Chapter 10: Copyright and Trademark...

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Chapter 10: Copyright and Trademark Article I, Section 8, Clause 8 of the U.S. Constitution grants Congress the power to promote science and the arts by giving authors and inventors exclusive rights to their writings and discoveries. The rights of authors to their writings are called copyrights.
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Copyright Law Collectively, patents, copyrights and trademarks are called intellectual property Copyright is the “protection of a created work from unauthorized use.” (original work of authorship, fixed in a tangible medium of expression) Fixed means permanent or stable Does not cover ideas, just the unique way the ideas are expressed. Does not cover facts; databases can often be copied (see Feist example) Protection extends from moment of creation Don’t have to have symbol attached or register it But do have to provide some sort of notice usually to win a legal case Otherwise: innocent infringement Protection lasts life of author plus 75 years Can be civil or criminal (must be “willful”)
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Copyright Law Prohibited Acts (without permission) Cannot copy (reproduce in any way) Cannot create derivative works Tapes to CDs, translations
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MCLawCh10notes - Chapter 10: Copyright and Trademark...

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