Price discrimination: In industries where products are sold in more than one country, a
pricing policy that sets market prices in each country according to the consumers ability
to pay. Goods sold in the US and Europe is often available in develo
HeinOnline Use for Law Review
Copyrights in musical works
o Musical composition composer (and lyricist, if there are lyrics)
o Sound recording performers, producers, directors, etc
Copyright is not supposed to preclude other from using ideas or
The promotion of science and useful arts requires a fair use limit on the scope of an
authors control. If authors were able to prevent subsequent authors from using concepts,
ideas, or facts, the creative process would wither.
A broad dissemina
Copyright protection subsists, in accordance with this title, in original works of
authorship in any tangible medium of expression.
Copyright does not extend to any ideas, procedures, processes, and systems, methods of
operation, concepts, prin
o Evolutionary algorithms can solve problems or create new designs.
o Incorporate principles of Darwinian natural selection.
o Start-point solutions or designs are mated, producing new, varied progeny.
o Progeny are examined to determine
Patent floods: When barriers to patentability are lowered, there is a flood of applications.
Some of these are strategically motivated.
Blocking patents: Patent rights are granted prematurely to an early-stage discovery,
forcing all follow-on w
Statue of Monopolies (1624)
o One of first patent law in Western society.
o English Parliament flexed muscles, restricting monopolies granted by crown.
Moral utility. Has been removed from US patent law.
o Is a way of looking at the utility of
What is an invention?
o Technologies arise in order to fulfill a purpose.
o Technologies are assemblages of component parts.
o One or more principles (discovered by science) underlie a given technology.
o A technologys operational principle (also
The 2 theories.
o Natural theory: Shown by laws of nature, an invention rightfully belongs to the
inventor. To induce the inventor to disclose the invention, a patent system must
ensure that the inventor is able to profit from the invention throu
M&D: Source of legal principles.
Case Narrative: Source of facts.
Bring case narrative, M&D, procedures.
If judge, bring opinion paper.
If attorney, bring case.
Prep: Read required reading, case narrative.
You cant patent:
o An abstract idea
Intellectual property: Collectively refers to all intangible property rights deriving from
o Copyright (Creative & artistic works)
o Patent (Inventions)
o Trade secrets
o Trademark and service mark (Words or symbols denoting a p