2.3-2.7 Copyright/Fair Use
2.3 Define the establishment of a copyright: Gives Congress the power to enact laws establishing a system of copyright in the United States.
2.4 Discuss rights and implications of copyright law: is a form of protection provided by the laws of the United States to authors
2.5 Examine intellectual property law and its ramifications: refers to creations of the intellect for which a monopoly is assigned to designated owners by law. Artistic works including music and literature, as well as discoveries, inventions, words, phrases, symbols, and designs
2.6 Explain the establishment of a trade name and trademark: Filing a trademark registers a logo or slogan to be displayed on goods or services for public record.
The first law which protected authors of any map, chart, book or books printed in the
Patent: A government authority or license conferring a right or title for a set period, especially the sole right to exclude others from making, using, or selling an invention.
Proponents of patent reform largely focus on the cost of patent infringement litigation to the U.S. economy and companies. While some argue that the type of patents issued should be limited in order to uphold the intent of Article I, Section 8, others claim that standards for issuing patents should be strengthened in order to reduce the number of costly patent infringement lawsuits. The cost of litigation and standards for issuing a patent is the focus of the proceeding text and justification for patent reform in the United States.
Copyrights are more limited in scope than patents. They protect the original works of authorship, not the ideas they contain. In the United States, original works include literary, drama, musical, artistic, and certain other intellectual works. A computer program, for example, is considered a literary work and is protected by copyright. A copyright gives its owner the exclusive right to reproduce and distribute the material or perform or display it publicly. However, copyright law does permit limited reproduction of copyrighted works without the owner 's permission for “fair use” such as criticism, teaching, and news reporting. In the United States, a published work must have a copyright notice, the name
Copyright laws must be flexible in addressing and supplementing the needs of Australia’s modern society. However, the failure of the existing, and outdated Copyright Act 1968 (Cwth) in fulfilling the needs of the Australian public has triggered the need for copyright reform. Copyright reform aims to reconsider the relationship between copyright, innovation, technology, research, and economic growth, where it would provide flexible laws fundamental to the broad dissemination of knowledge. Copyright laws should strike a balance between the interests of the creator and the Australian public in terms of access to knowledge, culture and education. Copyright reform aims to
In the United States, trademark law does not steam from the Intellectual Property Clause of the Constitution. Congress’ power to regulate commerce empowers its ability to grant monopolies to business with the purpose of protecting consumers, laying the foundation element of use in Trademark. The use requirement is necessary for congress to be able to exercise its power to regulate.
Glynn claims that he is joint owner of the copyright to RUST under the Copyright Act and seeks a declaratory judgment under the Declaratory Judgment Act. Facepunch argues that Glynn has pled that claim with insufficient particularity. Facepunch also argues that the first contract between Facepunch and Glynn shows that Facepunch did not intend for Glynn to have any ownership interest in RUST.
Patent infringement occurs when there is a violation of the patentee’s exclusive right. In their work, W. Kintner & L. Lahr, (1975) argue about the three types of infringement encompassed in the US Patent Act, which are: direct, active inducement and contributory.
First, all the necessary background information will be provided. Terms such as copyright, copyright infringement, copyright takedown, and fair use will be defined. The definitions for these terms were found in Richard Stim’s book, Copyright Law. Not only will this paragraph define these terms, but it will also put them in historical context. It is important when dealing with a particular law to know its development through time and how it has reacted to changes in society, technology, and the economy. The main source of historical knowledge of copyright law comes from the book, A Short History of Copyright: The Genie of Information by Benedict Atkinson and Brian FitzGerald. After giving the reader the proper framework to understand the claim, the paper will go on to outline the different issues that plague our current system. Most of the information for this section of the paper will come from two sources: Anna Woelfel’s dissertation, “Copyright v. Creativity: The Chilling Effect of U.S. Copyright Law on Artistic Expression" and Lydia Pallas Loren’s paper, "Deterring Abuse of the Copyright Takedown Regime by Taking Misrepresentation Claims Seriously." This section’s main areas of focus will be highlighting the serious problem false takedown claims, and the impact that the United States’ faulty copyright system is having on artistic expression. The final section of the paper will propose the solutions to solve the aforementioned problems. Each suggestion that was made in the thesis will be explained one by one to show why they are the correct course of action. Anna Woelfel’s dissertation and Lydia Pallas Loren’s paper will both be cited heavily for this part of the paper as well, along with "A Call for Copyright Reform" by Emily Toronto and Stephen G. Wood. This will be followed by a critique of opposing reform suggestions made by Joel Boehm in "Copyright Reform for the Digital Era: Protecting
The Copyright Act prevents the unauthorized copying of a work of authorship. The creator of the work owns all copyright interest in the work. If two people create a song then that song would be a joint work which both people own copyright to that song. For a work to be protected by copyright law it must be original. The Copyright law originated with the United States Constitution in Article 1 Section 8. The Congress enacts Copyright Laws.
Copyright is defined as “the legal right to be the only one to reproduce, publish, and sell a book, musical recording, etc.” (Copyright [Def.1], n.d). In the law, copyright protection insures that the authors are considered the owners of the work they create and they can therefor expect compensation if the work is used by anyone other than themselves. Copyright laws over the years have made great efforts to protect the creators and authors of constructed works; however, the ease by which materials can be obtained and distributed online has created
Copyright is a federally protected part of intellectual property that automatically regulates creative works of authors. Copyright laws began approximately around the 15th century in Europe. The cause for such regulations stems from infringement of creative works. These works fall into one of three main categories; music, visual works, and literary works. Copyright infringement highlights the need for copyright laws over creative works in music, art and writing, resulting in an ever changing copyright landscape. Title 17 of the United States Code outlines what does not fall into any of these three categories, and therefore cannot be protected under copyright. It is also important to note that not every use of a creative work
Intellectual property is a work that an individual or entity creates. This property may include things such as books, music or ideas. Copyright laws protect musical and literary intellectual creations. This applies whether the authors created the pieces for personal, artistic or business applications. Copyright law assigns ownership to a work, which the owner can then license other individuals or entities to use.
Under the current copyright laws in the United States, original creative works are automatically afforded copyright protection — there is no need to register or document anything. Through the years, copyright holders have always wanted more legal protection, while copyright users requested more lenient use (Frankel, 2010). However tightened and increased copyright protections, such as those found in the Digital Millennium Copyright Act (DMCA), have always been framed as an easy and ethical way to increase the revenue for copyright holders by insuring that they are properly compensated for all use. So as the years have progressed, the U.S. copyright laws have gotten progressively more complicated and harder for the average person to understand.
These early laws were limited in scope and restricted to only a few types of information; the broader interpretation of these principles used today in the western world is quite modern, certain elements having been added only within the last few years. ("Some myths about intellectual property")