Intellectual property
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  • 1. Intellectual Property
  • 2. Patents• Machines or processes• Designs• Artificially Produced Plants
  • 3. Trademarks• Words• Logos/Symbols• Devices
  • 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. Sources of Copyright Law• 1976 Copyright Act• Berne Convention• Digital Millennium Copyright Act of 1998• 1998 Sonny Bono Copyright Term ExtensionAct (CTEA)
  • 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. 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. 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. 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. 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. Copyright © 2012 James C. FoustCopyright (c) 2012 James C. Foust
  • 12. CopyrightMusic—compulsory licensingDigital MusicSampling
  • 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