LAW W.8

Intellectual Property (IP)

Non-physical property based on unique ideas and cognitive effort.

Copyright

Automatically exists upon creation, providing legal protection to original works.

Copyright Infringement

Occurs when someone exercises the exclusive rights of the copyright owner without permission.

Purpose of IP and Copyright

To balance promoting public interest in creative works with ensuring creators receive just rewards.

Economic Rights

Rights that allow the copyright owner to profit from their work through reproduction, performance, adaptation, etc.

Moral Rights

Rights that protect the author's reputation and connection to their work.

Originality (Criteria for a Work)

Must be the expression of the author, showing independent creative effort and skill.

Fixation (Criteria for a Work)

The work must be expressed in a material form that is relatively permanent.

Fair Dealing

Allows limited use of copyrighted material without permission for purposes like education, as long as the use is fair.

Neighboring Rights

Rights given to those who help circulate a work, such as performers and broadcasters, without the same originality rights as the author.

Creative Commons Licenses

Allow creators to share some of their rights while retaining others.

Cultural Appropriation in Copyright

Using elements of a culture without permission or acknowledgment, often for commercial gain.

Propertization (Trends in IP Law)

Turning shared cultural resources into private property, removing them from the public domain.

Algorithmic Bias

Systematic favoritism in content visibility that often disadvantages creators of color.

3 criteria for work

1. Originality

2. fixation

New York Times v. OpenAI

Ongoing legal battle addressing the implications of AI using copyrighted material for training.