RIM 3700 FINAL

What invention sparked the need for copyright and when was it invented?

PRINTING PRESS in 1476 England

1534 Royal Decree required license to “publish” and approval by “official censors”

1557-1695 was 138 Year monopoly by crown to Stationers Company

When was the first copyright act passed?

Statute of ANNE in 1710

What was duration under Statue of Anne?

Protected existing Authors +21 years

New Authors 14 years + 14 year renewal (If author is living in year 15 heirs alone could renew)

Where is the first U.S.Copyright protection written?

U.S. Constitution

What Branch is Copyright?

Legislative

Is Copyright a State or Federal protection?

FEDERAL

What part of Constitution is the copyright clause in?

Article 1, Section 8, Clause 8

What are some copyright industries?

Pre-recorded music, motion pictures, books

When was the Patent and Copyright Clause in constitution initiated?

September 5, 1787

Is U.S. a net exporter of copyrights?

YES we sell more than we BUY

What are the 4 different growing treaties?

Berne Convention. North American Free Trade Act. Trade-Related Intellectual Property. 1996 WIPO/Copyright Treaty

What year was the first Copyright Act Initiated?

1790

What was copyright duration under 1790 Act?

14 +14 years. 2 different terms totaling 28 years

After 1790, when was the next updated Copyright Act?

The 1909 Copyright Act

What was the copyright Duration under the 1909 Act?

28 first term + 28 year renewal term =56 Years Total

Under the 1909 Act, copyright began When?

Upon Publication

When Was Berne Convention created?

1886

When did U.S. remove the barriers to join Berne Convention?

1988

What landmark case in England created the idea that copyright is Finite? When was it?

1789 Donaldson V. Beckett. Created notion copyright must be limited and go into public domain at some point

When was U.S. Bono Copyright Extension Act and what did it do?

1998 and it mirrored Berne extension to Life Of Surviving Author +70 years

What is the Utilitarian/Economic copyright theory?

incentives creatives to keep working for benefit of economy and society COMMON LAW MODEL

What is the natural law copyright theory? Who is associated with it?

people are entitled to the fruits of their labor (Locke Theory)

Who is the SOLE AUTHORITY to Grant Patents and Trademarks?

U.S. Patent and Trademark Office (USPTO)

What are the 3 Patent Categories?

Utility, Plant, Design

What Countries follow Common Law system for Copyright?

UK and US. Rule of law is based on Statues (legislation) + Case Law/judicial precedent

Once Patent design is revealed how long do you have to file?

Must file within ONE YEAR or lose claim

What is the hardest and most expensive IP to secure?

Patents

What are the 2 TYPE of Patent Applications?

Provisional and Non Provisional

What are the characteristics of a provisional patent?

One year Conditional Patent filed with confidentiality and MUST CONVERT to NON PROVISIONAL or lose

What are the characteristics of Non-Provisional Patent

Formal Application for Patent. Must meet specifications + "Claims(s)" + OATH by Inventor +Filing Fee (+ attorney fees)

Why are Patents more powerful than Copyright?

Excludes OTHERS from manufacture and sales, allows monopoly

What are the differences between Copyright and a Patent?

Patent shorter in Duration than Copyright. Patents are dependent a governmental grant vs copyright are dependent on creative act of author/creator

When was the America Invents Act passed?

Passed in 2011. Effective in 2012

What was the major difference in America Invents Act related to Patents?

USTPO Switched to First to File Format and it was designed to dissuade other countries from challenging US Patents

What are some other differences America invents act brought?

Easier to challenge faulty patents (post filing). Gave USTPO more power to set fees

What are the main flaws with America Invents Act?

Puts small investors at a disadvantage. Does nothing to curb vague and overlapping patents. Blown change for Real Reform. Means fewer patents for small business who cannot afford legal fees and expenses

What are trademarks Law origins?

Common Law (State Law & Court Rulings as precedent)

What is difference between Trademark and Copyright/Patent Law?

Trademark Law is BOTH State Common Law + Federal Statutes vs

copyright/patent are solely Federal Statutes

Trademark is registered by who?

United States Patent and Trademark Office (USTPO)

When Was Lanham Act enacted?

July 5, 1946

What are the benefits of Trademark registration?

Prima Facie Evidence of Validity of registration. Constructive not to 3rd Parties of Ownership. No requirement to meet federal test for jurisdiction right to treble damages and attorney fees

What is a Trademark?

Word, symbol or device used to distinguish goods/services

Can you copyright a title?

NO

Can you trademark a title?

YES

What is a requirement for Federal Trademark registration?

Must have INTERSTATE COMMERCE and cross state lines + does not infringe upon existing mark

When was the Anti-Dilution Statute passed?

1996

What is the Anti-Dilution Statute?

Congress enacted federal cause to relief against the blurring or garnishment of a famous mark. ONLY protection to a "famous mark"

What is process of securing trademark?

Intet to use Registration. Actual Use registration. Statement of Continuing Use Filed at 6th year. Renewal at 10th year

What happens if you fail to file for trademark Continuing Use?

ABADONED STATUS

What happens if you fail to file a trademark renewal?

DEAD STATUS

What are Copyrightable Subject Matter?

Literary Works, Sound Recording, Audiovisual works

What are the 3 different Patents?

Utility, Design, Plant

What are trademark materials?

Words, names, symbols, devices

What is the Standard Validity test for Copyright?

Originality plus fixation in tangible medium of expression

What is the Standard Validity test for a Patent?

Novelty and NON Obviousness

Standard Validity Test for Trademark

Use of Mark to distinguish goods

When does protection begin for Copyright?

upon fixation in tangible medium of expression

When does protection begin for Patent?

When Granted by United States Patent and Trademark Office

When does Trademark protection begin?

Upon Use

Copyright Duration under current standards?

Life of Author + 70 Years

Copyright duration if work made for hire

95 years from publication or 125 year from creation whichever is first

Patent duration for UTILITY PATENT?

Date Filed + 20 YEARS

Patent Duration for DESIGN PATENT?

Date issued +14 years

Duration for Trademark?

So long as "in use" and not abandoned + properly renewed at 10 years

Patent legal protection is federal or state and where?

FEDERAL. Found in Contitutinal Provision Article 1 Section 8 Clause 8 PLUS Federal Statute (TITLE 35 U.S.C. United States Code)

Trademark legal protection is federal or state and where?

It is BOTH Fedral and State. NOT CONSTITUTIONAL PROVISION but Born VIA Federal Statute the LANHAM ACT

What are areas of STATE IP Laws?

Common Law Trademark+State statues. Common Law Copyright pre-1976. TRADE SECRETS. Misappropriation. RIGHT TO PUBLICITY

Is Right of Publicity a state or Federal IP Law?

State

What are Trade secrets?

Information Derive Economic Value from being held as confidential within Trade Owners Industry. COCA COLA FORMULA

What is Unfair Competition?

"Passing off" of goods and services or commercial immorality

Are unpublished works protected by copyright ?

Yes under the US COPYRIGHT Act of 1909 but was STATE LAW ONLY

NOW copyright is protected upon creation not publication FEDERALLY

What is a Major Right of Publicity Case?

Shaw Family Archives vs. CMG (Marilyn Monroe)

What is the freedom of a contract?

There is Negotiation by BOTH parties

What are the CONS of contracts?

Ethic Issues in Negotiation + Legal Issues arising on a domestic and International basis

What is the USC Title for Copyright?

Title 17 U.S.C. (U.S. Copyright Act)

What is the USC Title for Patent?

Title 35 U.S.C. (U.S. Patent Act)

What is the U.S.C. for Trademark?

Title 15 U.S.C. (Lanham Act)

What are the 2 FUNDAMENTAL Requirements for Copyright Protection?

Originality + Fixation

What is Section 102(a) of U.S. Copyright?

Determines the requirements that need to be met to be copyrightable

What does Section 102(a) of Copyright Subsists?

Copyright must be original works of authorship fixed in a tangible medium of expression

What case set Legal Precedent for FIXATION?

Stern Electronics v. Kaufman. Devid ROM memory devise is tangible component w/ computer program

What is the legal test of Fixation for WRITING?

Any physical rendering of the fruits of the authors creativity

Is a work NOT fixed in a medium of expression copyrightable?

NO

When does copyright come into existence?

When placed on material object (tangible medium of expression)

Is a recorded video of a live concert fixed in a medium of expression?

NO unless it is simultaneous broadcasted

When was Anti-Bootleg Provision Passed?

1994

What case set early legal precedent on FIXATION Issue for Music?

White Smith Music Publishing v. Apollo (1908). Decide a Piano roll is not a copy of the musical composition b/c "it must be a printed record in intelligible notation legible to the eye"

What is the Legal Test for Originality?

That copyrighted work be created by human authorship and excludes work create by automated means.

What Cases set legal precedent for Originality?

Bleinstein V. Donaldson Lithograph

Atari Games v. Oman- precedent for what passes the “diminimis” standard of originality

What is a derivative work?

A work based upon one or more preexisting works, such as translation, motion picture version, or sound recording

What Case is used for legal precedent in derivative work?

Pickett v. Prince. Decided his design of guitar was not copyrightable due to being based off of Prince's symbol and did not obtain permission

What are the four factors of Fair Use?

Purpose of use.

Nature of underlying copyright work.

Substantiality and amount of portion used.

Effect of new use ON MARKET

What is a statutory exclusion of Fair Use?

USCA Section 102(b) NON COPYRIGHTABLE MATTER

What is a statutory exception of Fair Use?

USCA Section 107. Copyrightable matter without consent is INFRINGEMENT of copyright but allows through the "eye of the needle" like in Graham Case

What are Non-Copyrightable subject Matter?

Ideas, Systems, process, method, or discoveries

What kind of Monopoly is Copyright?

It is a Legal Monopoly

What is Functional Works in relation to copyright?

It's found within all copyrightable matter. It must carry out specific task or achieve certain results

What does Copyright encourage?

Production of a broad range of artistic, literary, and music a works based on "originality"

What does Patent encourage?

Protection of works in the realm of technology.

Are fictional literary characters copyrightable?

No unless they are a character with an artwork or if they are the narrator