Intellectual Property and Copyright Law

These flashcards cover key terms and concepts related to intellectual property and copyright law as discussed in the lecture notes.

Intellectual Property (IP)

Creations of the mind, such as inventions, literary and artistic works, designs, and symbols used in commerce.

Copyright

An exclusive legal right protecting intellectual creations from unauthorized use.

Berne Convention

A global treaty that standardizes copyright laws and regulations among participating countries.

First Sale Doctrine

A legal principle that allows the owner of a copyrighted work to sell, lend, or dispose of that copy without permission from the copyright holder.

Original Works of Authorship

Creative works that are independently created by an author and not copied from pre-existing works.

Fair Use

A legal doctrine that allows limited use of copyrighted material without permission under certain circumstances.

Moral Rights

Rights that allow authors to control how their works are used and to protect their personal and reputational interests.

Work Made for Hire

A work that is created by an employee as part of their job or a work commissioned under a contract where the employer or commissioning party is considered the author.

Derivative Works

New works that are based on or derived from one or more pre-existing works.

Statutory Damages

Pre-determined damages that a copyright holder can claim in court for copyright infringement, which can range from $750 to $150,000.

Implied License

A license that is created by law through the conduct of the parties rather than an explicit agreement.

Digital Millennium Copyright Act (DMCA)

A law enacted to address copyright infringement in the digital age, including banning technology that circumvents copyright protection.

Compilation

A collection of preexisting materials or data selected in a way that constitutes an original work of authorship.

Right of Attribution

The right of an author to be identified as the creator of a work.

Right of Integrity

The right of an author to prevent modification or destruction of their work that would harm their honor or reputation.

Parody

A humorous imitation of a serious work that critiques or comments on the original, often protected under fair use.