•Patent Infringement- Patent holders own exclusive rights to use and exploit their patents. Patent infringementoccurs when someone makes unauthorized use of another’s patent. These cases are brought in U.S. District Courts. •In a successful patent infringement suit, a Plaintiff can recover 1) money damages equal to a reasonable royalty rate on the sale of the infringed item, 2)other damages caused by the infringement, 3) an order requiring destruction of the infringing item, 4) an injunction preventing the infringer from such action in the future.
Copyright•Like patents, Copyright law originated in Article I section 8 of the United States Constitution. Copyrightis the legal right that gives the author of qualifying subject matter and who meets other requirements established by copyright law the exclusive right to publish, product, sell, license, and distribute the work. •Federal Copyright law is exclusive, there is no state copyright laws.
Copyright: Tangible Writing•Only tangible writings- writing that can be physically seen- are subject to copyright registration and protection. The term “writing” has been broadly defined. •To be protected under federal copyright law, a work must be original to the author. A copyright is automatically granted the moment a work is created and fixed in tangible form. •Published and unpublished works may be registered with the U.S. Copyright Office.
Copyright Period•The Copyright Term Extension Act of 1998 extended copyright protection to the following:•Individuals are granted copyright protection for their lifetime plus 70 years. •Copyrights owned by businesses are protected for the shorter of either 120 years from the year of creation OR 95 years from the first publication. After the copyright period runs out, the work enters the public domain, which means anyone can publish the work without paying the prior copyright holder.
Copyright Infringement•Copyright infringementoccurs when a party copies a substantial and material part of the plaintiff’s copyrighted work without permission. •A plaintiff can bring a civil action against the alleged infringer and if successful can recover 1) the profit made by the defendant from the copyright infringement, 2) damages suffered by the plaintiff, 3) an order requiring the impoundment and destruction of the infringing works, 4) an injunction preventing the defendant from infringing in the future. •The Federal Government can bring Criminal Charges against a person who commits copyright infringement.
Copyright: Fair Use Doctrine•A copyright holder’s right in a work is not absolute. The law permits certain limited unauthorized use of copyrighted materials under the fair use doctrine. •The following uses are protected under this doctrine: 1) quotation of the copyrighted work for review or criticism or in a scholarly or technical work, 2) use in a parody or satire, 3) brief quotation in a news report, 4) reproduction by a teacher or student of a small part of the work to illustrate a lesson, 5)incidental reproduction of a work in a newsreel or broadcast of an event being reported, 6) reproduction of a work in a legislative or judicial proceeding.
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- Fall '07
- United States Constitution, Public domain