Reporting materials include government publication

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Unformatted text preview: tribute fees to copyright holders Compensation for presumed copyright violations UNIVERSITY OF ALBERTA COPYRIGHT – EXEMPTIONS • Lawful use without permission – Fair Use Doctrine • – First Sale (exhaustion of rights doctrine) • – – Copyright owner’s right terminates once copyright work is legally sold Public Domain • – Private study, research, criticism, reporting Materials include government publication, generic terms and materials whose copyrights has expired Use in a court or administrative proceeding Use by the police if the material (such as a portrait) is needed to maintain public safety UNIVERSITY OF ALBERTA COPYRIGHT – MORAL RIGHTS • • Droits moraux = personal right (i.e., to prohibit others from tampering with a work) Content of moral rights – – – – – – • Right of attribution – recognized as author Right of integrity over a work Right to be associated with work Right to object to distortion, mutilation or modification Right to control public access to the work Right to correct or retract a work Cannot be bought or sold UNIVERSITY OF ALBERTA COPYRIGHT – INFRINGEMENT • Use of work without permission – Act done in private may not be infringement • • • E.g. “Happy birthday” at basement party – lawful E.g. “Happy birthday” at televised party – unlawful Copyright may protect portion of work – Infringement if integrity of whole undermined • • E.g. 60 out of 14 000 lines of software – lawful E.g. Few bars from pop song – unlawful UNIVERSITY OF ALBERTA PATENTS • Definition – State granted monopoly • • • – – 20 years to exploit Exclusive right to license or sell Creates incentive for research and development Purely statutory (Patent Act) Limited time • • Term of an issued patent in Canada is 20 years from filing date (“first to file”) Exclusive right to make, use, and sell technology in Canada – Authorize others to make, use, and sell UNIVERSITY OF ALBERTA PATENTS • Invention – • Any new and useful art, process, machine, manufacture or composition of matter, or any new and useful improvement thereof Inventor must fully disclose details – – Crucial component in dissemination of ideas Patent office as repository of knowledge • Regularly consulted to avoid duplication UNIVERSITY OF ALBERTA PATENT CLASSES • Classes – – – – – “Art” (application of knowledge to effect a desired result) “Process” (method of producing a patentable product) “Machine” (device/mechanical embodiment – multiple interactive parts) “Manufacture” (useful device – a non-living product or process) “Composition of matter” (a formulation – a combination of ingredients) UNIVERSITY OF ALBERTA PATENTS • Patent Act defines infringement as whoever without authority makes, uses, offers to sell or sell patented invention or imports patented invention – Doctrine of Equivalent – need not be exact copying of an invention to prove a case. Equivalent between the elements of the patented invention and the infringement product. UNIVERSITY OF ALBERTA PATENABILITY • Patentable u...
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This document was uploaded on 01/23/2014.

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