Chapter 13: Intellectual Property Part 1 - Copyright and Patents
Learn
Practice Test
Spaced Repetition
Match
Flashcards1/33
There's no tags or description
Looks like no tags are added yet.
Name | Mastery | Learn | Test | Matching | Spaced |
|---|
No study sessions yet.
34 Terms
Statutes related to intellectual property are federal or provincial
federal
Intellectual property refers to
ideas, information and creative works
Purpose of intellectual property law
protect product of mental effort
encourage free flow of new ideas
Five types of intellectual property
copyright
patents
trademarks
industrial design
confidential information
T/F: to be protected under copyright laws you MUST register
false, in Canada you are automatically protected
Copyright is defined as
monopoly to copy or reproduce a created work
Copyright does or does not include computer programming
it does
Copyright prohibits
copying or reproducing work without permission
Copyright gives the creater
exclusive right to profit or control their creation for a period of time
Copyright for an individual lasts for
70 years after their death
Copyright expiration for corporations, unknown authors and movies, sound performances
70 years from time of creation
Matters covered under copyright: works
literary
dramatic
musical
artistic
Additional matters covered under copyright
performances
sound recordings
communication signals
What happens to copyrighted material once the copyright expires
it becomes part of the public domain
Who owns the work under copyright law
creator or employer unless there is an agreement otherwise
Copyright can be assigned, but the author retains what rights
moral rights
Moral rights include
attribution
integrity
association
Moral rights mean author can demand that
their name be associated as creator
new owner can’t change work in a way that will degrade it or harm author’s reputation
work can’t be used in association with something that is prejudicial to author’s reputation
Fair dealing allows
use of certain amount of copyrighted information without having to get owner’s permission
Exceptions allowed under fair dealing
education, parody, satire
research, private study, news reporting
criticism and review
Fairness factor
must consider purpose, nature, amount, alternatives, and effect of the dealing in the work
Copyright infringement includes
benefitting from sale, reproduction, distribution, or other commercial use
plagiarism
someone else asserting authorship
Employers can or cannot be held vicariously responsible for copyright infringement
can be
Additional exceptions under fair dealing
legislation and case law
attributed quotations that are not extensive
For case law and legislation to be copied without a fee it must be
accurate
not represented as official version
Users with exceptions
libraries, archives, museums
people with perceptual disablities
people making private copies of music/sound recordings
Remedies for copyright
injunction
Anton Piller
damages
summary procedures
Anton Pillar order
court order to seize material from manufacturer or distributer before trial
Copyright board duties
handles disputes between individuals
arbitrates tariffs
sets levies
reviews and approves fees
Patent
government-granted monopoly to inventor of something
Patent gives inventor exclusive right to
produce, sell, import, or otherwise profit from specific invention
To qualify for a patent the invention must
be new
not have a an existing patent by someone else
be original work of inventor
be unique and distinguishable
useful
be possible to build based on instructions filed
Things that are not patentable
scientific principles/abstract theories
products designed for illegal purposes
computer programs
Time limit on patents
20 years