Court can multiply damages by a factor of up to three and may award attorneys

Court can multiply damages by a factor of up to three

This preview shows page 9 - 12 out of 24 pages.

Court can multiply damages by a factor of up to three and may award attorneys’ fees.oInternational Patent LawParis Convention: if someone files an application in one member nation, the applicant can file for a patent in another member nation within one year and keep the original filing date. WTO = Paris ConventionPatent Cooperation Treaty (p. 279)Copyrights: grants you exclusive rights to:oMake copies (reproduction)oCreate derivative works (new editions)oPublicly distribute copies of the work
Background image
First sale doctrine: allows someone who has purchased or otherwise lawfully acquired a copyrighted work to resell or give away that copy.oPublicly display the workoPublicly perform the workoPublicly perform the work by digital audio transmissionRelates only to the copyright in the recorded performance; you must have a license on the underlying musical composition to broadcast a recording on the radio.oTerm of Copyright ProtectionCurrently, life of the author, plus 70 yearsWork-for-hire: 95 years from the date of publication or 120 years from the date of creation, whichever is shorter.oCopyright Ownership:A work created by an employee while acting in the scope of his employment is a work-for-hire, with ownership of the copyright automatically and immediately vesting in the employer. Also can be a work-for-hire if:The employer and independent contractor made a written agreement before the independent contractor started workThe agreement specially commissioned the work as a work-for-hireThe work was within one of 9 categories:oA contribution to a collective workoA part of a motion picture or other audiovisual workoA translationoA supplementary workoA compilationoAn instructional textoA testoAnswer material for a test
Background image
oAn atlasThe creator or his heirs can terminate the assignment at any point between 35 and 40 years after the assignment was executed. This is true of any copyright assignment, not just one that transfers ownership to an employer.Joint Authorship: each party must have contributed a significant amount of original expression and it must be clear that, before work started, the parties had explicitly or implicitly agreed to be joint authors.When one’s party is dominant, intent regarding joint authorship is most important.oSubject Matter(p. 280)Literary worksMusical Works, including accompanying worksDramatic works, including accompanying musicPantomimes and choreographic worksPictorial, graphic, and sculptural worksMotion pictures and other audiovisual worksSound recordingsArchitectural worksOriginal does not mean novelEasier to discuss what is not protected by copyright than it is to discuss what is protected.oNot protected by copyright law:Facts: original expressions are protected, but the facts themselves are not.
Background image
Image of page 12

You've reached the end of your free preview.

Want to read all 24 pages?

  • Spring '08
  • Baker
  • Trade secret

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture