What is a parody how is it different from other forms

11. What is a parody? How is it different from other forms of comedy?
12. How did the U.S. recognize moral rights in order to comply with the Berne Convention?
13. What was the main point of each copyright case we read?
1. Offer
 Definite & clear
 Must be communicated or published
2. Acceptance
 Must be communicated to the offeror
 Silence or mere failure to reject an offer does not constitute an acceptance
3. Consideration
 Some rights, interest, profit, or benefit accruing to one party or some forbearance,
detriment, loss of responsibility given, suffered or undertaken by the other
 Exchange of mutual promises may be considered
*writing not always necessary unless …
paying a debt, marriage, selling land, work not to be performed within a year
Guilds Vs Unions
 Guilds tend to be above the line
 Unions tend to be below the line
Trademark Law
Types of Trademarks:
 Latters/words
 Pictures or drawings
 Logos
 Combinations

R in the circle = registered trademark
TM = user is using the item as a trademark but has not filed
SM = same for service mark
Inherently Distinctive (strong protection)
 Fanciful (strongest category) = not words EX. NyQuil
 Arbitrary = word applied to something else EX. Hard Rock, brim
 Suggestive = suggests what the product does EX. Coppertone
* Disparaging or Scandalous Marks can not be registered
Infringement
 Likelihood of confusion test
 Secondary meaning
Dilution – tarnishment and blurring
 Making the mark less powerful
 Only available to well known trademarks
 EX. Kleenex
Vocab
Proxy
power or authority that is given to allow a person to act for
someone else
the person who has that authority
Quantum
Meruit