Intellectual Property - Copyright Law - Lecture Slides, Slides of Law

Download Intellectual Property - Copyright Law - Lecture Slides and more Slides Law in PDF only on Docsity! Differences Between Copyright and Other Intellectual Property • Other than copyrights, what other forms of intellectual property are there? Docsity.com DIFFERENCES BETWEEN COPYRIGHTS AND OTHER FORMS OF INTELLECTUAL PROPERTY • Patent Law (e.g. Bell v. Catalda (2d Cir. 1951) -- CB p. 52 • Trademark Laws (e.g. Frederick Warne v. Book Sales, Inc. (S.D.N.Y. 1979)) -- CB p. 65 • Trade Secrets Docsity.com TYPES OF PATENTS • Utility (20 years) • Design (14 years) • Plant (20 years) Docsity.com STATUTORY BAR • S. 102 of the Patent Act • A patent will not be granted to an applicant unless the application is filed less than one year from the date that the invention was sold or offered for sale within the United States. • The patent will be denied unless the application is filed within one year of the date the invention was described in a printed publication anywhere in the world Docsity.com HOW DO YOU GET A PATENT? • File a patent application • Pay a Fee • Specification and claims (see s. 112) • PTO examination of the patent • Getting a patent is expensive and time consuming compared to getting a copyright! Docsity.com Examples of Trademarks • Not all marks treated alike • Arbitrary, fanciful, suggestive, descriptive, generic marks Docsity.com History of Trademarks • Trademarks are a product of the industrial revolution. Docsity.com Legal Protection for Trademarks Under U.S. Law • A patchwork of protection under federal law, state law, and common law. • Federal: Lanham Act of 1946 • Benefits of Federal Registration Docsity.com Trademark Infringement • Any seller who uses a mark so similar to a registered trademark that it is likely to cause customer confusion is an infringer and can be sued in a state or federal court (depending on other jurisdictional rules) • Remedies include injunctive relief, damages • Trademark Owners Must Be Vigilant in Enforcing Trademark Rights – Otherwise Risk of Abandonment Docsity.com Assignments and Licenses of Trademarks • A trademark is often a valuable property of a seller or manufacturer, because it is the symbol of the company's goodwill and of its products and services. • Thus, a trademark can be sold or assigned when a company and its assets are sold. It can also be licensed to others to use as long as the owner exercises control over the quality of goods or services supplied by the licensee Docsity.com TRADE SECRETS • Protect secret technologies or formulas Docsity.com Question • At p. 56 the authors of your casebook ask (Question 3) whether it would make any difference if the engraving at issue in Bell v. Catalda was based on a copyrighted painting, not a public domain old master. What provision of the Copyright Act of 1975 assists you? Docsity.com Another Originality Question • Jane writes a song. Jane never plays her song for anyone else, and consequently Emma has never heard Jane’s song. Suspend credulity and imagine that Emma writes a song that is identical to Jane’s. Is Emma’s song copyrightable? Docsity.com Learned Hand • “. . .[I]f by some magic a man who had never known it were to compose anew Keats’ Ode On a Grecian Urn, he would be an “author,” and, if he copyrighted it, others might not copy that poem, though they might of course copy Keats.” • Sheldon v. MGM, 81 F.2d 49, 54 (2d Cir. 1936), aff’d, 309 U.S. 390 (1940) Docsity.com ORIGINALITY REQUIREMENT • Can we reconcile Bleistein, Catalda, and Burrow-Giles tests for originality? • Remember: “Writings” of an “Author” in U.S. Constitution Article 1 section 8 Docsity.com COPYRIGHTABILITY • Originality requirement (“original works of authorship” 17 U.S.C. s. 102(a) • Fixation requirement (“fixed in a tangible medium of expression”) 17 U.S.C. s. 102 (a) Docsity.com COPYRIGHTABILITY: ORIGINALITY REQUIREMENT • See 1976 Act section 102 • “Original works of authorship” • “Fixed in any tangible medium of expression” • Include categories (1)-(8) • what other things are copyrightable that are not in this list? • Do these categories overlap? Docsity.com