Intellectual Property
Patents• Machines or processes• Designs• Artificially Produced Plants
Trademarks• Words• Logos/Symbols• Devices
CopyrightConstitution gives Congress the power “Topromote the Progress of Science and usefulArts, by securing for limited ...
Sources of Copyright Law• 1976 Copyright Act• Berne Convention• Digital Millennium Copyright Act of 1998• 1998 Sonny Bono ...
CopyrightProtects “works of authorship fixed in atangible medium”Must be sufficiently permanent to allowperception, reprod...
What Can Be ProtectedLiterary works, musical works, dramatic works,pantomimes and choreographic works,pictorial, graphic a...
Requirements• Fixed in a tangible medium• Must owe origin to the author• Must be intellectual work involved in itscreation...
Rights of the CopyrightHolder• (Works for hire normally owned byemployer)• Can reproduce in any form for any reason(or not...
Is Copyright TooProtective?Economic v. Cultural tension . . .SCOTUS has called copyright “the engine offree expression,” b...
Copyright © 2012 James C. FoustCopyright (c) 2012 James C. Foust
CopyrightMusic—compulsory licensingDigital MusicSampling
Fair UseHow to tell?• Purpose and character of the use• Nature of the copyrighted work• Amount of the work used• Effect of...
Intellectual property
Intellectual property
Intellectual property
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Intellectual property

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Intellectual property

  1. 1. Intellectual Property
  2. 2. Patents• Machines or processes• Designs• Artificially Produced Plants
  3. 3. Trademarks• Words• Logos/Symbols• Devices
  4. 4. CopyrightConstitution gives Congress the power “Topromote the Progress of Science and usefulArts, by securing for limited Times to Authorsand Inventors the exclusive Right to theirrespective Writings and Discoveries”
  5. 5. Sources of Copyright Law• 1976 Copyright Act• Berne Convention• Digital Millennium Copyright Act of 1998• 1998 Sonny Bono Copyright Term ExtensionAct (CTEA)
  6. 6. CopyrightProtects “works of authorship fixed in atangible medium”Must be sufficiently permanent to allowperception, reproduction, etc.Not protected: off-the-cuff speech,improvised skit (if not recorded)
  7. 7. What Can Be ProtectedLiterary works, musical works, dramatic works,pantomimes and choreographic works,pictorial, graphic and sculptural works, motionpictures and other audiovisual works, soundrecordings, architectural works
  8. 8. Requirements• Fixed in a tangible medium• Must owe origin to the author• Must be intellectual work involved in itscreation• Must be “creative” and “novel”• Transcriptions not copyrightable• Facts/ideas not copyrightable• Slogans, titles (trademark)• Sporting events not copyrightable (butcoverage is)• Compilations not copyrightable• Unless there is creativity involved
  9. 9. Rights of the CopyrightHolder• (Works for hire normally owned byemployer)• Can reproduce in any form for any reason(or not)• Create derivative works• Distribute/perform/display• Others must get permission
  10. 10. Is Copyright TooProtective?Economic v. Cultural tension . . .SCOTUS has called copyright “the engine offree expression,” but critics say it is in manycases too protected.
  11. 11. Copyright © 2012 James C. FoustCopyright (c) 2012 James C. Foust
  12. 12. CopyrightMusic—compulsory licensingDigital MusicSampling
  13. 13. Fair UseHow to tell?• Purpose and character of the use• Nature of the copyrighted work• Amount of the work used• Effect of use on market

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