Chapter 4 - Intellectual Property

Copyright

the main mechanism for protecting creative works such as art, music, and writing in the US

Copyright

protects “original works of authorship fixed in any tangible medium of expression” in the areas of literature, music, drama, pantomime, graphic art, sculpture, motion pictures, sound recordings, and architecture.

1. Ideas

2. Facts

3. Common Knowledge

What does copyright do not protect?

Tangible Fixed Form

Copyright does not protect creative works until they appear in a?

Author

term used for all creators in the US

True

True or False
Author’s works are automatically protected by copyright as soon as they take on a tangible form

lifetime of the author, 70 years after the author’s death

Under U.S. law, the default length of a copyright is the ______ plus _______.

• Reproduce the copyrighted work

• Prepare derivative works based upon the copyrighted work

• Distribute copies of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending.

• Perform or display the copyrighted work publicly.

US Copyright gives authors the right to:

1. Criticism

2. Comment

3. News

4. Reporting

5. Teaching

6. Scholarship

7. Research

According to US Code. the fair use of a copyrighted work… for the purposes such as ____, ____, _____, ______ (including multiple copies for classroom use), _____, or _____, is not an infringement of copyright.

1. The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes.

2. The nature of the copyrighted work.

3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole.

4. The effect of the use upon the potential market for or value of the copyrighted work.

Four factors that should be considered when a court or other arbitrator evaluates if something is fair use

Doctrine of First Sale

states authors are not entitled to a second royalty.

Digital Rights Management (DRM)

a collection of technologies that work together to ensure that copyrighted content can be only viewed by the person who purchased it.

Digital Millennium Copyright Act (DMCA)

law passed by US Congress in 1998 to deal with modern copyright issues.

Anti Circumvention Clause

no person shall circumvent a technological measure that effectively controls access to a work protected under this title.

Contributory Infringement

occurs when an infringement committed by another person would not have happened without your help.

Vicarious Infringement

involves an infringement that occurs in an area under your supervision, and when you should have been policing and preventing such acts.

Invention

any new and useful process, machine, [article of] manufacture, or composition of matter, or any new and useful improvement thereof

1. Distinct from an artistic or creative work.

2. Protected by patents.

A invention’s should be

United States Patent and Trademark Office (USPTO)

verify inventions are patentable and meet two criteria.

1. Novelty

2. Nonobviousness

Two Criteria’s of Invention

Novelty

an invention is novel only if it has not previously been invented by someone else.

Nonobviousness

a solution to a problem that is obvious to another specialist in the appropriate area cannot be patented.

Trademark

legally registered word, phrase, symbol, or other item that identifies a particular product, service, or corporation

1. you must already be using it to represent a product or service

2. your mark must not be easily confused with a competing product’s trademark

To register a trademark

Trade Dress

involves the look and feel of a product or its packaging

Virtual Goods

items that rely on some online system for their existence

1. Rivalrous

2. Intangible

3. Not services.

Virtual goods should be?

Piracy

Intentional illegal copying of copyrighted material

Rootkit

a piece of software that allows an unauthorized user to override security and get administrator access to a computer; it gets its name from the fact that the main administrator account on many computer systems is called the “root” account.

Plagiarism

Copying that the copier claims (whether explicitly or implicitly, and deliberately or carelessly) is original with him and the claim causes the copier’s audience to behave otherwise than it would if it knew the truth

No Electronic Theft Act (or NET Act)

This act amended U.S. copyright law so that the definition of the term “financial gain” includes receiving copyrighted works for free (Title 17, U.S. Code, section 101).

Orphaned Work

A copyrighted work that is still within its copyright term, but no longer has a copyright owner

1. Color

2. Shape

3. Sounds

It is also possible to register a trademark that protects other identifying characteristics of a product, including:

Trade Secret

Thomas Jefferson’s quote, with which we began Section 4.3, reminds us that the only natural way to keep an idea for one’s own personal use is to keep it completely secret.

DeCSS

a program that removes the copy protection from DVDs

Algorithm

a mathematically precise set of steps for computing something

The Commons

In many societies there are a great many resources that are not owned by any one person—fish in a public stream, grass on public land, a picnic table in a public park, and so on. These resources, which are held jointly by everyone, are sometimes called ______.

Region-coding

prevents the user from playing videodiscs from other parts of the world

Price Discrimination

practice of charging different people different prices for the same thing (usually richer people pay more, and poorer people pay less).

Torrents

keys used to locate files, and also allows users to find other users with whom to swap file pieces.

Digital watermarking

means embedding small errors into a digital image so that someone viewing the image cannot see the errors with the naked eye, but a special computer program can use the errors to identify the source of the image.