Intellectual Property Rights

The publication by the World Bank called development, Trade, and WTO: A hand book indicated that strong patent regimes could indicate what?

1) Lead to increase global trade; 2) attract more foreign direct investment; 3) lead to increased licensing of technologies to , and possibly more local production; 4) contribute to higher growth rates.

What are the four factors of fair use?

1)The purpose and character of your use. 2)The nature of the copyrighted work. 3)The amount and substantiality of the portion taken, and. 4)The effect of the use upon the potential market.

Copyright Act of 1978

1. For most works created on or after January 1, 1978 (other than anonymous works, pseudonymous works and works made for hire) the term of copyright protection begins with the work's creation and ends 70 years after the death of the work's author. 2. If the work is created by two or more authors (i.e. joint authorship), the term of copyright will last for the life of the last surviving author plus 70 years after the last surviving author's death.

What are some basic rules to follow when using Copyrighted Material?

10% rule.

What was the outcome of the Berne Convention?

1886 International agreement under which signatory states recognize each other's copyrighted works, mandates that the period of copyright protection cover the life of the author plus 50 years. Literary, artistic, and other quality works are protected as soon as they exist.

What are patents? What do they protect and for how long?

A contract between society as a whole and an individual inventor. The inventor is given exclusive rights to prevent others from making, using, and selling a patented invention for a fixed period of time-- in most countries, for up to 20 years.

What is copyright?

A legal term describing the economic rights given to creators of literary and artistic works, including the right to reproduce the work, to make copies and to perform or display the work publicly.

What is Public Domain?

A part of the internet that is for everyone and not subject to copyright.

What is a Trademark?

A word, phrase, symbol, or design, or a combination of words, phrases, symbols, or designs, that identifies and distinguishes the source of the goods of one party from those of others.

What is considered a Trade Secret?

Any information that may be used in the operation of a business and that is sufficiently valuable to afford an actual or potential economic advantage is considered a trade secret.

What are the requirements for obtaining a patent?

Applicants must negotiate claims of appropriate defensible scope.

What are Trademarks?

Are commercial source indicators, distinctive signs that identify certain goods or services produced or provided by a specific person or enterprise.

What is the idea behind copyright and how does society benefit from having copyright laws?

Artists and creators should be able to enjoy the fruits of their labor for a specific time period, after which the material becomes available for public use. Society benefits because this incentive to create will yield a rich and varied cultural menu for its citizens.

Why do countries protect inventions, literary, artistic works?

Because they know safeguarding the property right fosters economic growth, provides incentives for technological innovation, and attracts investment that will create new jobs and opportunities for all their citizens.

COPA

Child Online Protection Act.

CIPA

Children's Internet Protection Act.

what are the consequences of counterfeit goods?

Counterfeit goods can lead to injuries, death and illness however in cases where fake goods caused no physical harm, consumer are harmed financially.

What does Intellectual Property protect?

Enables owners, inventors, and creators to protect their property from unauthorized uses.

Digital Millennium Act.

Gave significant protection to owners of copyrights in digital information.

What is a Cybersquatters?

Holders of domain names intending to suggest unauthorized afflictions.

What is a Domain Name?

Just as postal addresses indicate unique physical locations, domain names indicate unique locations in "cyberspace."

Summarize the issues other countries are facing when dealing with copyrights.

Many new musical voices, new authors, and new stories on film around the world have never been made available, simply because the incentives were not there for them to take the risk. The have known that whatever they produce will quickly be pirated, stolen and they will not be provided the means to develop their talent.

What would not exist without strong IP support?

Most advances in transportation, communications, agriculture, and health care.

When can you use copyrighted materials?

Only an author or those deriving their rights through the author- a publisher for instance- can rightfully claim copyright.

What are the key forms of intellectual Property?

Patents, Copyrights, Trademarks, and trade secrets.

RIAA

Recording Industry Association of America. A trade organization that represents the recording industry in the US.

What is the role of the US copyright office?

Serves as a place where claims to copyright are registered and where documents relating to copyright may be recorded when the requirements of the US copyright law are met.

A patent is based on trade offs. What is a Trade off?

The inventor or innovator is given the exclusive right to make or use the invention for a limited period of time.

Why was India losing its best brightest engineers and computer scientists? What was the outcome?

The lack of protection and strong Intellectual Property(IP). In 1999 India passed a law to protect the Intellectual Creation of its computer scientists.

Explain the lawsuit against the Andrew sisters.

The song Coca-Cola became a big hit for the Andrew Sister however a famous US court brought to establish the authorship of Trinidad musician "Lionel Belasco", who had written the song decades before under the title "L'Année Passée". The lawyer acting for the man who published Belasco's original score proved to the court that "Rum Coca-Cola" was the Creola musician's work and no one else's.

Copyright Extension Act 1998.

This law, also known as the Sonny Bono Copyright Term Extension Act, Sonny Bono Act, or (derisively) the Mickey Mouse Protection Act, effectively "froze" the advancement date of the public domain in the United States for works covered by the older fixed term copyright rules.

What is Fair Use?

This means that you can use someones idea without the copyright stopping you.

How is Trade Secret protected?

Trade Secrets are protected for a theoretically unlimited period of time, and without any procedural formalities.

How are Trademarks different from CR and Patents?

Trademarks rights do not expire because this would harmed consumers as much as owners.

What is the 10% rule when considering copyright?

You can only use 30 seconds or 10% of a video,clip, or any work.

Who is Shan Fanning?

creator of Napster (an online music downloading service ) in 2000 and was taken to court in 2003.

What is a copyright Infringement?

this is when you break the copyright law

Intellectually or artistically gifted people have the right to prevent?

unauthorized use or sale of their creations, just the same as owners of physical property, such as cars, buildings, and stores