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What is not protected by a copyright?
Rights of a copyright
- Reproduce the work
- Prepare derivative works based off the work
- Distribute copies of the work
- Perform or display the work publicly
When is copyright protection effective?
- It is automatic as soon as work is created/developed in a tangible medium expression.
- However, to enforce the owner must generally register the copyright with the federal copyright office.
Dos the owner of a copyright have to prove that the entire work was taken?
No, just use of a substantial part of the work can be sufficient.
Does the owner of a copyright that was infringed upon need to prove fault?
No, unintentional infringement is actionable.
Remedies for copyright infringement
- impoundment of the offending material
- damages including profits made by the infringer or statutory damages of between $500-$20,000 (or $100k if the infringement was willful)
- costs of bringing law suit
- Criminal fine: $250,000
How long do copyrights last?
- author's life + 70yrs
- company: 95yrs from first published or 120 years from its creation (which ever is earlier)
Attirbutes of a patent
- not obvious to a person
what is a patent
federal right to protect an invention, process, or design
What is not protected by a patent
- naturally occuring substances
- abstract ideas
- laws of nature
when are patents protected
upon issuance of a patent by the US patent and trademark office
remedies of patent infringement
- damages at least equal to a reasonable royalty for using the patent; treble damages if the unauthorized use was intentional; and
- attorneys' fees and costs fo bringing the suit
possible defense of patent infringement
the patent should not have been issued - that the product or design was not truly novel, useful, and nonobvious.
is lack of knowledge a defense for patent infringement
good faith and lack of knowledge are not a valid defense to direct infringement
how do patent rights last
- 20 years for most inventions
- 14 years for desgin patents