Acing Intellectual Property
Author:
Robinson, W. Keith
Edition:
1st
Copyright Date:
2018
7 chapters
have results for copyright
Chapter 8. Copyright Ownership, Rights, and Infringement 59 results (showing 5 best matches)
- he owner of a valid copyright has several rights, including the right to perform, distribute or make copies of a copyrighted work. Copyright infringement occurs when these rights are violated. For example, a party who makes an unauthorized copy of a copyrighted work is liable for copyright infringement. Students must know how to identify protected expression under copyright law and then understand how to determine whether that protected expression is infringed. This chapter will summarize the law concerning copyright ownership, rights and infringement.
- A work’s copyright term is based on several factors including its publication date and authorship. With each new copyright act, the term for protection has increased. Thus, a work’s copyright duration depends in part on the applicable law as of its publication date. A detailed analysis of the duration of copyright protection for works published at different time periods is beyond the scope of this book.
- This right permits the copyright owner to distribute copies of the copyrighted work to the public. The right is limited by the first sale doctrine which permits the owner of a lawful copy of a copyrighted work to sell that copy without the copyright owner’s permission.
- First, Tableware must show that it has a valid copyright in its box design. A copyright registration certificate is prima facie evidence of ownership of a valid copyright. Tableware received a Certificate for Registration on its design in 2002. Further, under the facts given, there seems to be no reason to question Tableware’s copyright ownership. Thus, it is likely that Tableware has a valid copyright in its packaging design.
- The owner of a copyright in a work has the right to distribute copies of the copyrighted work to the public. Distribution may occur in various ways including sale, rental, lease or lending.copyright owner’s authorization. The first sale doctrine also applies to copies of a copyrighted work lawfully made abroad and then sold in the United States.
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Chapter 7. Copyright Requirements and Copyrightable Subject Matter 60 results (showing 5 best matches)
- In order to prove copyright infringement, a plaintiff must show that she is the owner of a valid copyright and that the copyrighted work was copied by the defendant. Chapter 8 summarizes the law on copyright infringement. This question asks students to analyze the threshold issue of whether Chelsea has a valid copyright in her lawyer jokes.
- his chapter reviews the law concerning copyright requirements and copyrightable subject matter. Copyright vests in an original work of authorship fixed in a tangible medium of expression. A broad range of subject matter may be eligible for copyright protection including literary works, music, sculptures, and art. Students should understand what subject matter can be protected under copyright law and why. This chapter summarizes the requirements for copyright protection and copyrightable subject matter in a way that will allow students to systematically identify the issues and apply the correct legal rules to most exam questions.
- Registration is a voluntary requirement, but Congress provides certain incentives to owners that do register their works. For example, registering a work with the U.S. Copyright Office is prima facie evidence of a valid copyright. Also, if the work originated in the U.S. or a non-Berne country then in order for the owner to sue for copyright infringement in federal court, the allegedly infringed work must be registered with the U.S. Copyright Office. Further, owners of registered works are eligible to receive statutory damages and attorney fees.
- Registration of a work with the U.S. Copyright Office creates an official government record of the copyrighted work. A work that originated in the U.S. must be registered in order for the owner to sue for copyright infringement in federal court.
- The Copyright Act of 1976 required that certain formalities be satisfied to preserve an author’s rights in a copyrighted work. However, when the U.S. enacted the Berne Convention Implementation Act of 1988, it limited the significance of some formalities and in effect eliminated others. A detailed analysis of the current status of copyright formalities is beyond the scope of most IP survey courses. However, students should be familiar with the following traditional formalities: publication, notice, registration and submitting a deposit.
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Chapter 9. Copyright Infringement: Defenses and Remedies 68 results (showing 5 best matches)
- his Chapter summarizes defenses to copyright infringement and the available remedies for copyright infringement. Technology has made it easier to share and infringe copyrighted work. In response, the law has evolved to balance the rights of copyright holders with the interest of media consumers. For example, the Digital Millennium Copyright Act (“DMCA”), outlines rules for online service providers and their treatment of copyrighted material. This chapter will guide the student through the test for fair use and provide a checklist to assist the student in working through copyright infringement defenses and remedies. In addition, this Chapter summarizes the exceptions for Online Service Providers in the DMCA.
- As a defense, a defendant may argue that a copyright owner is asserting broader rights than the copyright statute provides. Copyright misuse is intended to prevent copyright owners from abusing their rights to gain an advantage over their competitors.
- The four factors to be considered in determining whether a defendant has made fair use of a copyrighted work are: (1) the purpose and character of the use; (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and (4) the effect of the use upon the potential market for the value of the copyrighted work.
- There are several defenses to copyright infringement. At a minimum, IP survey students should be familiar with the fair use defense. In addition, the Digital Millennium Copyright Act created “safe harbors” to shield specific companies from copyright infringement lawsuits. This section summarizes the fair use defense, the DMCA safe harbors, and other defenses to copyright infringement that are most commonly covered in an IP survey course.
- The fourth fair use factor examines the effect of the alleged infringing use on the commercial market for the copyrighted work. A use that supplants demand for the copyrighted work weighs against a finding of fair use. In contrast, a determination that the alleged infringing use is not a commercial substitute for the original work or a derivative of the original work weighs in favor of fair use. In applying this factor, courts ignore the adverse impact that a critique of the copyrighted work has on its market. In addition, if the use is transformative, courts are less likely to find that the use supplants demand for the copyrighted work.
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Introduction 2 results
- This book provides you with tools to do the same. It summarizes topics in the areas of patent, trademark, copyright and trade secret law. Each chapter will include (1) a Review of the topic, (2) a Checklist, (3) Problems and (4) a Points to Remember section.
- A student’s experience in an IP survey course can vary. Generally, IP survey courses are three to five credit hours. They cover subject areas including trademark law, patent law, copyright law, and trade secret law. Law schools often offer any one of these subjects, if not all, as their own course. Time restraints force instructors to make difficult decisions about the depth of coverage. Thus, the IP survey course poses an interesting challenge for instructors and students.
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Table of Contents 14 results (showing 5 best matches)
Chapter 10. Trade Secrets 1 result
- Publication Date: April 4th, 2018
- ISBN: 9781634602730
- Subject: Intellectual Property
- Series: Acing Series
- Type: Exam Prep
- Description: This study aid uses outline-like checklists to lead law students through the analytical steps necessary to analyze intellectual property issues. The book covers trademark, patent, copyright, and trade secret law. Each chapter begins with a brief review of the important rules and concepts that govern a particular area of intellectual property law. The review material is followed by a checklist that provides students with a clear roadmap for answering intellectual property questions. Each chapter concludes with practice problems and solutions that illustrate how students can use the checklist to analyze intellectual property issues.
