Copyright Law, Open Source, AI, and Trade Secrets

Flashcards covering key vocabulary and concepts from lectures on copyright law, open source software, AI-generated content, and trade secrets.

Copyright

Protects original works of authorship fixed in a tangible medium.

Examples of Copyrightable Works

Books, songs, movies, TikTok videos, YouTube content, software code.

Copyright Requirements

Originality (independently created with some creativity) and Fixation (captured in a tangible form, like recording or writing).

Copyright Infringement Example

Using a copyrighted song in a YouTube video could infringe the reproduction and public performance rights.

Fair Use Doctrine Purpose

Balances creator control with public benefit (education, criticism, parody).

Four Factors of Fair Use

Purpose and Character, Nature of the work, Amount and Substantiality, and Effect on Market

Benefits of Copyright Registration

Eligibility for statutory damages and attorney’s fees if infringement occurs.

Copyright Length

For individuals: Life of the author + 70 years. For corporations: 95 years from publication or 120 years from creation, whichever is shorter.

Public Domain

Once expired, works can be freely used by anyone.

Copyright Violation Example

Posting a TikTok video with licensed music may still violate copyright if reuploaded to another site.

Eldred v. Ashcroft (2003)

Upheld the Sonny Bono Copyright Term Extension Act, extending copyright terms by 20 years.

Open Source Model

Source code is shared freely; users can modify, improve, and redistribute software.

Proprietary (Copyrighted) Model

Source code is kept secret; only the creator/company can control distribution, modifications.

Copyleft vs. Permissive Licenses

GPL licenses require that modified versions stay open source, unlike permissive licenses.

Proprietary Software

Code is closed; users must buy or license software.

Proprietary Software Benefits and Drawbacks

Proprietary models protect investment and allow monetization, but limit community improvements.

Oracle v. Google (2021)

APIs can be copyrighted, but transformative use (like Android) may qualify as fair use.

SCO v. IBM

The SCO v. IBM case showed courts defending open-source collaboration against corporate attacks.

Blended Models

Hybrid Approaches: Companies contribute to open-source projects while maintaining profitable proprietary software.

Copyright and AI

Copyright law traditionally protects only human-generated works, not AI-created outputs.

AI and Human Authorship

AI works are generally not protected by copyright unless humans contribute creative input.

U.S. Copyright Office on AI

Rejected AI-only claims; hybrid works (human + AI) may qualify if human input is significant.

Ethical Implications of AI Art

AI challenges traditional views of creativity, originality, and cultural diversity.

Trade Secrets Definition

Trade secrets = confidential business info with economic value.

Legal Criteria for Trade Secrets

Must be secret, have commercial value, and the owner must take reasonable steps to protect it.

Protecting Trade Secrets

NDAs and good internal policies are critical for trade secret protection but must be reasonable.

Inevitable Disclosure Doctrine

The Inevitable Disclosure Doctrine can prevent job moves based on risk, not proof, of disclosure.

Trade Secret Risk

High-tech industries face the greatest risk of trade secret misappropriation due to employee mobility.

Trade Secret Responsibility

Both employers and employees share responsibility for protecting trade secrets.

Balancing Business and Employee RIghts

Trade secret law must balance business protection with fair employee mobility.

Trade Secret Protection

Trade secrets must be actively protected to retain legal protection.

Corporate Espionage Tactics

Human error is often the easiest route for traditional espionage tactics.

Dumpster Diving

Improper disposal of documents (unshredded, unprotected) can void trade secret protection.

Espionage Impact

Espionage can destroy companies financially—even when committed by just a few employees.

State-Sponsored Espionage

State-sponsored corporate espionage blurs the line between national security and economic competition.