Chapter 10 Intellectual Property Law

1. domain name b) uniform resource locator (URL) c) Internet Corporation for Assigned Names and Numbers (ICANN) d) Cybersquatting 2. Anti-Cybersquatting Consumer Protection Act (ACPA) in 1999

) 1. includes a top-level domain, represented by the .com, .net, or .gov at the end of the domain name. -The second level is the information that comes directly to the left of .com, .net, or .gov. This is usually the place where a business or entity might want to use its name or trademark. -To do this, the entity must register its domain name. - Domain names must be registered with the Internet Corporation for Assigned Names and Numbers (ICANN), b) The complete URL is the actual internet address. -A URL goes into much more detail than a domain name, providing much more information, including the specific page address, folder name, machine name, and protocol language, such as http://. c) Where you register a Domain name - ICANN coordinates the internet's naming system. - You cannot directly register a domain name with ICANN. -Instead, you must register it with a domain name registrar. -ICANN authorizes these registrars to accept domain name registrations and creates policies for how these registrations should be handled. d) is the bad-faith registration of a domain name that is a registered trademark or trade name of another entity. - A trade name is the business name of an organization - A cybersquatter registers trademarks or trade names to profit off of the other person's trademark or trade name - They also register them in the hopes of selling the domain name to the trademark owner for large amounts of money, - or to attract customers who were looking for a specific product or business. The cybersquatter then redirects the customer to other websites. 2. designed to stop people from registering domain names that were the trademarks of other entities and -allows entities to sue others for cybersquatting - Trademark owners also can pursue a domain name dispute under the ICANN (Internet Corporation for Assigned Names and Numbers) UDRP (Uniform Domain Name Dispute Resolution Policy ) -This process may be faster than pursuing an action under the ACPA. Under the UDRP, a contested domain name may be disconnected or transferred to a winning plaintiff.

1. How Do You Protect Inventions Internationally? a) The Paris Convention for the Protection of Industrial Property (1883) (United States joined the Paris Convention in 1887.) b) The Patent Cooperation Treaty of 1970 (PCT) (United States joined the PCT in 1978) c) The World Intellectual Property Organization (WIPO)

-- United States, inventors register their patents with the USPTO. They do not protect patents in foreign countries. a) was the first treaty to try to address patents on an international level. T - This treaty is important because it fixes the filing date of patent applications to the date that the inventor first files a patent application in his or her home country. --says that someone who files for a patent in his or her home country can use that filing date with other member nations to establish his or her patent's priority in those nations. --This priority right is available for only 12 months after the very first patent application. If an inventor wants to protect an invention in other countries, he or she must file patent applications in those countries within 12 months of first filing for a patent in the home country. Inventors who do not file within 12 months lose their place in line for determining patent ownership. --Paris Convention establishes only the priority filing date. b) attempts to streamline the application process. -was created to make international protection of patents easier by allowing an inventor to file for patent protection simultaneously in several member countries. -PCT allows inventors to file one international patent application. -Under the PCT process, an international patent application is subject to an international search -Under the PCT, inventors have up to 18 months after they submit their international patent applications to decide whether they will pursue patents in other countries that are PCT members. c) is part of the United Nations, administers the PCT.

1. factors to consider to determine whether to protect an invention through a patent or as a trade secret.: 2. How Long Must the Invention Be Protected?

-- Whether the invention currently protected by trade secret is patentable. If it is, the person must review whether a patent provides better IP protection. --What processes and controls can be used to make sure that only a limited number of people know about the invention. A person must make sure that everyone knows that an invention protected as a trade secret must be kept extremely confidential. --How long the person wishes to protect the invention and the type of protection required. 2. A patent's exclusive protection lasts only for the period of the patent. In most instances, this is 20 years. - Trade secret protection can last forever, as long as the trade secret is kept confidential. - Patent applications are made available to the public 18 months after they are filed. The only exception to this rule is if the inventor states that he or she is not filing for a patent abroad

Number one! 1. Intellectual Property (IP) b) Digital Wild West c) Internet of Things (IoT) d) World Wide Web (WWW) e) property interest

1. Is the area of law that protects a person's creative ideas, inventions, and innovations once they are in a physical form. -When materials are published on the web, they are in a physical form. -It protects people's ownership rights in their creative ideas, gives them the right to control the use of their creative ideas, and - protects their ability to profit from those ideas. -It also prevents other people from exploiting a person's creative ideas. b) the term is a good description for the state of the World Wide Web (WWW, or "web" c) refers generally to the devices that collect and share data over the internet. Cell phones, smartphones, netbooks, and televisions all access the internet, as do healthcare devices, fitness trackers, home automation systems, and even appliances! People (and devices) can access the internet and web anytime, and from anywhere. d) is a system of linked hypertext documents and other media that are connected through the internet. ***The internet is the infrastructure, whereas the world wide web resides on the infrastructure. e) A legal owner of property has the right to use it in any way he or she wants to, and the power to give those rights to another. -means that the owner has certain rights to property, and a court will enforce those rights if necessary

Number four! 1. Copyright - first federal copyright law was established in 1790, - most recent version of federal copyright law was the 1976 Copyright Act b) Works that can be copyrighted include: c) public domain d) derivative work e) Copyright holders broad rights: f) "work made for hire" (WFH). g) common works for hire: h) length of copyright protection: i) reasons why an author may choose to register for copyright protection: j) law creates several other reasons to register a copyright k) U.S. Copyright Office l) U.S. Copyright Office Fair Use Index

1. Used to protect books, art, music, videos, computer programs, and other creative works. -Sometimes copyrighted materials are marked with an uppercase "C" in an enclosed circle or ©. The law does not require this. Even if the material is not marked, it may be copyrighted. b)--- Literary works —This includes novels, newspapers, textbooks, and computer software. ---Musical works —This includes songs, scores for musicals, and jingles. ---Dramatic works —This includes plays, skits, monologues, and any music that might be included in the dramatic work. --Pantomimes and choreographic works —This includes ballets or other expressions of dance. It also includes mime shows. ---Pictorial, graphic, and sculptural works —This includes photographs, sculptures, fine art, and cartoons. ---Motion picture and audiovisual works —This includes movies and television shows. ---Sound recordings —This includes recordings of music, sound, and words. ---Architectural works —This includes building designs, blueprints, and drawings. c) Refers to the collection of works that are free for public use. -It includes works where the copyright has expired. - It also includes some government works. d) work derived from an original work. For example, a movie based on a best-selling novel is a derivative work. e) ----To reproduce the copyrighted work ----To prepare derivative works based upon the copyrighted work ---To distribute copies or phonorecords of the copyrighted work to the public ----To publicly perform the copyrighted work ----To publicly display the copyrighted work ***Copyright owners also have the power to keep others from using their copyrighted material.*** f) e.g. when an employee creates work for his or her employer, the employer typically is the owner of the copyright. g) >> A contribution to a collective work >> A part of a motion picture or other audiovisual work >> A translation >> A supplementary work >> A compilation >> An instructional text >> A test and answer material for a test >> An atlas h) ---For original works created after January 1, 1978, a copyright lasts for the length of the author's life plus 70 years after the author's death. ----If two or more authors prepare a work, the 70-year period does not begin to run out until after the last author's death ----For WFH, a copyright lasts for 95 years from the publication of the work -----In limited cases protection also could extend for 120 years from the creation of the work. Whichever period is shorter is the proper term. i) so that the copyright can be enforced. j) Registration creates a public record of the copyright. - if a copyright is registered within 5 years of publication, it creates a presumption of valid ownership. k) for registering copyrights in the USA -is a unit of the Library of Congress. -An author must submit copyright registration to the U.S. Copyright Office, which accepts both paper and electronic registration applications. -It reports that it takes on average 3 months to process electronic applications, whereas it takes 6 months on average to process paper-based applications. l) searchable database of court opinions about fair use.

1. Patents 2. trade secret b) To establish a trade secret, the information that is to be protected must: i) Have value ii) Be unknow iii) Be unascertainable iv) Be protected 3. Please note that:

1. are Intellectual Property rights that are granted under federal law. -They grant exclusive rights to an inventor of an item for a certain period of time. -A patent owner has the right to keep others from making or using the patented invention. - He or she also has the power to stop others from selling their invention. 2. Trade secrets protect the formulas, processes, methods, and information that give a business a competitive edge. -Trade secrets must have value to a person or business. Otherwise, there is no reason to protect it. -A trade secret is a common law concept that has been codified under federal law and by many states. bi) The information must have economic value. This means that it is valuable to the business that protects it. -It also means that it would be valuable to competitors of the business. -This also considers the money, time, and resources that the business put into developing the information. The more valuable the information, the more likely that it is a trade secret. ii) The information must not be known outside of the business. If other companies or people know about the information, then it is not a secret. - Any public awareness of the information can end its protected status. iii) The information must not be easy to duplicate or even reverse engineer. - If little effort is needed to ascertain the information, then it is unlikely to be considered a trade secret. iv) The information must be protected. This means that the business must take steps to make sure that it does not become accessible or known to the public. -To protect the information, a business should use confidentiality and nondisclosure contracts when they share the information with others. *****Unlike patents, trade secrets are not registered. A person or business does not have to meet any registration or procedural formalities to protect his or her trade secrets.**** 3. Trade secret protection is based on secrecy and confidentiality - patent, trademark, and copyright protection are based on federal registration and public disclosure.

1. Official Gazette b) "opposition" c) "Affidavit of Use" d) affidavit

1. gives the public notice of new trademarks. -once the trademark is published, any party who has concerns about the trademark may contest it. These parties have 30 days from the date of publication in the Official Gazette to file an "opposition" to the registration. b) is a proceeding before the Trademark Trial and Appeal Board that hears trademark disputes. -If no one opposes the trademark, the USPTO issues a Certificate of Registration for it, if it is already used in interstate commerce. -If the person registering the trademark has not used it in commerce, he or she must begin using it within 6 months after the USPTO approves it. -A person must notify the USPTO once he or she begins to use the trademark. -The USPTO will then register the trademark. -----The registration period for a trademark is 10 years for newly registered trademarks. Between the fifth and sixth year after a person first registers a trademark, he or she must submit an "Affidavit of Use."*** c) This document shows that the person or business is still using the trademark. -After that, the Affidavit of Use must be filed again right before the end of the 10-year registration period. -The person or business also must pay a maintenance fee. -A person or business must re-register the trademark every 10 years to maintain protection of the mark. d) is a written statement a person signs, swearing that the content in the affidavit is true. The person signs the affidavit in front of a notary public or other official allowed by law to administer oaths and witness signatures.

1. Trademark infringement b) two main types of trademark infringement cases:

1. is a violation of a person's trademark rights. bi) Use of a similar trademark that is confusing or deceptive to the customer - a trademark owner can sue another person who uses a similar trademark in a way that is "likely to cause confusion, or to cause mistake, or to deceive." - The owner can bring this infringement action for innocent infringement and for willful infringement. -The plaintiff, who is the trademark owner, has the burden of proof. The plaintiff must prove the following elements: ----The plaintiff owns a valid trademark. ----The defendant used a similar trademark in commerce. ----The defendant's use of a similar trademark is likely to confuse consumers. ii) Use of a similar trademark that dilutes the value of a famous trademark -is for trademark dilution. - This type of infringement case specifically applies to "famous" trademarks, or ones that are very well-known. -Only holders of famous trademarks can file a lawsuit for trademark dilution. ****In a dilution case, the trademark owner can sue for any use of a similar trademark that dilutes or tarnishes his or her trademark. Dilution occurs when a trademark is used to promote different goods*** **The trademark owner also has a dilution case if the use of a similar trademark tarnishes a famous trademark. A trademark is tarnished when it is used in an unflattering light.**

Number two! 1. Patent b) U.S. Patent and Trademark Office (USPTO) c) U.S. patent law in the Patent Act of 1952 d) America Invents Act (AIA) e) "first to invent" rule. f)"first to file" system. 2. Why are Patents granted?

1. is an Intellectual Property right granted by the federal government. b) grants patents. -The USPTO is an agency located in the Department of Commerce. c) most recent amendment to U.S. patent law was in 2011. d) introduced significant changes to U.S. patent law. -Before March 2013, the United States followed a "first to invent" rule. e) This meant that the first person to invent something and show that it works could patent it. -This rule had been in effect for more than 200 years. f) The AIA drastically changed the "first to invent" rule. - This rule was adopted starting in March 2013, - means that the first person to file for a patent has priority over all other people who have a similar idea. -The change in the filing rules is meant to encourage inventors to patent their ideas sooner. -It is intended to encourage innovation -. It also aligns the United States with other countries, most of which follow "first to file" rules. 2. to encourage new and useful inventions. - Patent owners have the right to keep others from making or using the patented invention. -They also have the power to stop others from selling their invention.

Number three! 1. trademark b) Servicemark c) Lanham Act (1946)/Trademark Act of 1946. (Congress enacted the first trademark law in the late 1800s) 2. Trademark protection rights 3. benefits to federally registering a trademark:

1. is an Intellectual Property right used to protect words, logos, and symbols that identify a product or service. b) Used to protect words, logos, symbols, or slogans that identify a service. c) main federal law protecting trademarks -It also defines how trademarks can be protected. 2. belong to the first person who uses the trademark in commerce - is different from patent and copyright laws, which award rights to the inventor or author. - entities that use trademarks in U.S. interstate commerce often register them with the USPTO (U.S. Patent and Trademark Office) 3. ----Notice of the date of first use —The filing date of the registration application gives the public notice about the use of the trademark. - It establishes a priority date for determining who was the first person or company to use a particular trademark. - It establishes evidence of ownership of the trademark. ----Right to sue in federal court —A person or entity who registers a trademark with the USPTO has the right to sue infringers in federal court. -They also have the right to recover damages and costs associated with an infringement lawsuit. -In some cases, they may be able to recover attorney's fees. ---Limited ways to challenge the trademark —After 5 years of registration, a trademark can be contested only in limited ways. --Right to use the federal registration symbol —Only a federally registered trademark can use the federal registration symbol. - The symbol is an uppercase R in an enclosed circle or®. -A person violates federal law if he or she uses this symbol on a trademark that is not federally registered. ***Trademarks that are not federally registered often carry the raised "TM" symbol, or ™, to show that a person or business claims the underlying trademark as its own. Trademarks registered under state laws may use this notation.**

1. Digital Millennium Copyright Act (DMCA) b) DMCA has five titles c) digital rights management (DRM) d) "Circumvention of Technological Protection Measures"/the DMCA anti-circumvention measures. e) DMCA provides safe harbors for common OSP(online service provider) activities: f) To use this safe harbor, an OSP must show the following: g) conduit defense 2. Under the DMCA, if a copyright owner wishes to have allegedly infringing material removed from an OSP's network, the copyright owner must send a notice and takedown letter to the OSP's specified agent. - A DMCA "notice and takedown" letter must be in writing and contain the following elements 3. provisions of DMCA Title I and Title II include: 4. Title 1 Concerns 5. Title II Concerns

1. to help protect copyrights in the digital world. -It also contains provisions that help insulate internet service providers (ISPs) from the actions of their customers. b) Title I —This title implements two WIPO treaties. It contains provisions about technological measures used to protect electronic copyrighted works. - implements two WIPO treaties: (World Intellectual Property Organization) >>>>the WIPO Copyright Treaty >>>> WIPO Performances and Phonograms Treaty. -The DMCA amended the Copyright Act (1976) to extend U.S. copyright law to creative works made by citizens in other countries. - WIPO treaties required two major changes: ----first is that members of the treaties must prevent people from bypassing technological measures used to protect copyrighted works. ----the DMCA also forbids the sale of devices that would allow other people to bypass technological controls to copy a copyrighted work. However, the DMCA does not prohibit people from actually bypassing technological controls on their own to copy a work Title II/Online Copyright Infringement Liability Limitation Act. —limits the liability of online service providers for copyright infringement by users. - limits the liability of an online service provider (OSP) for its customers' copyright infringement Title III/Computer Maintenance Competition Assurance Act — It allows computer technicians to make a copy of a computer program for maintenance or repair. Title IV —This title contains miscellaneous provisions. Title V/Vessel Hull Design Protection Act - creates a new form of IP protection for the design of vessel hulls. c) The technology measures and tools that some businesses use to protect their content - Many large businesses in the entertainment industry use DRM to protect their digital works. d) provisions forbidding bypassing technological measures e) >>Transitory communications (providing network communications services) >> System caching >> Storage of information on systems or networks at the direction of users (hosting) >> Providing information location tools (search engines) f) >>>>Someone other than the OSP initiated the transmission of content. >>>The transmission was carried out through an automated process. >>>The OSP does not select who receives the transmitted material except as an automatic response to the request of another person. >>>No copy of the transmission is retained in a manner that makes it available to other recipients. >>>OSPs transmit the material through its system without modification of its content. g) The transitory communications safe harbor - This is because the OSP is merely providing a conduit for its users to communicate through 2. -----A physical or electronic signature of the copyright owner or representative ----Identification of the copyrighted work -----Identification of the infringing material that is to be removed, along with sufficient information to enable the ISP to locate it ---Contact information for the complaining party ---A statement that the complaining party has a good faith belief that the use of the copyrighted work is not authorized by the copyright owner or the law ---A statement that the information is accurate and that, under penalty of perjury, the complaining party is authorized to act for the copyright owner 3. >>> Fears that Title 1 provisions will suppress legitimate activities such as research. >>> Fears that the Title II provisions overburden OSPs. 4. There are many concerns about the anti-circumvention technology protection measures specified in Title I. -Many scientists, educators, and industry groups are concerned that these provisions will stifle research. -This is because of the criminal penalties that are attached to violating these provisions. -There is already some indication that this concern is not unreasonable. -Other complaints about these provisions center on the fact that the anti-circumvention provisions hinder fair use and, therefore, free speech. -These complaints ask about what happens when DRM-protected materials enter the public domain. -How can they be properly used in the public domain if there are no available tools to remove DRM protection? 5. Many people argue that it places too much of a burden on OSPs in responding to "notice and takedown" letters from copyright holders.

1. two basic requirements to register a trademark with the USPTO: a) Use of the trademark in interstate commerce b) Distinctiveness of the trademark 2. USPTO has two methods of registering trademarks. a) "Principal Register" b) "Supplemental Register." 3. Trademark Registration A trademark application must contain the following: 4. An examiner can reject a trademark for several reasons:

1a) A person uses a trademark in interstate commerce when it is placed on goods or services and sold to the public in several different states. - The registration application must state when the trademark was first used in commerce. -Under the law, the person must begin using the trademark within 6 months after the USPTO approves it. -The USPTO can extend this period up to 2.5 years. - A person must notify the USPTO once it begins to use the trademark. At this point, the USPTO will issue the trademark registration. b) Almost anything used by a person to distinguish his or her goods and services from another person's goods and services can be a trademark. 2a) Strong trademarks, which are registered right away on the "Principal Register," are inherently distinctive -Registration on the "Principal Register" is the main way of registering trademarks. It gives a trademark owner the greatest amount of rights under federal law. -. Trademarks that are unrelated to a good or service and are fanciful, arbitrary, or suggestive are considered strong trademarks. b) Weaker trademarks can be registered on the "Supplemental Register." -These trademarks meet all of the registration requirements except that they are not inherently distinctive. -The only federal right granted by registering on the "Supplemental Register" is that the trademark owner may sue in federal court for trademark infringement. -After 5 years of using the trademark, the owner may submit proof of trademark use and evidence that it has achieved secondary meaning. -The USPTO will then move the trademark from the "Supplemental Register" to the "Principal Register." -A trademark is descriptive when it describes the underlying product that it represents. ***Some types of trademarks can never be registered. For example, generic trademarks cannot be registered. They are not eligible because they describe a class of products and are not unique. For example, the word butter cannot be trademarked because it describes a class of dairy products.*** 3. --Name and contact information for the owner of the trademark --A drawing of the trademark --A technical listing of the goods or services that the trademark represents --Filing fee 4. ---The proposed trademark is a generic name for goods or services. ---The proposed trademark is descriptive of the applicant's goods or services and there is no secondary meaning. --The proposed trademark is similar to another trademark already registered, and use of it on the applicant's goods or services is likely to cause customer confusion. ---The proposed trademark contains immoral, deceptive, or scandalous matter. ---The proposed trademark may disparage or falsely suggest a connection with persons (living or dead), institutions, beliefs, or national symbols.

1. Types of Patents: a) Utility Patents i)Categories of Utility Patents -- Machines -- Manufactured products -- Processes -- Compositions of matter b) Plant Patents c) Design Patents

1a) Issued to protect inventions and discoveries such as machines, manufactured products, processes, and compositions of matter. - They are the most common type of patent. -Utility patents are granted for a 20-year term that begins running on the date that the patent is granted. i) -- an instrument or tool that completes a task by using moving parts. -These parts interact with each other to accomplish a function. -Machines are things such as lawnmowers, elevators, and automatic can openers. ***A manufactured product is called an article of manufacture in patent law.*** -- are products without moving parts. -A milk carton is an example of a manufactured product. Although a manufactured product may have moving parts, the moving parts do not act together to accomplish a task. - A folding table, even though it has moving parts, is a manufactured product. It is not a machine. -- A process, also called a method, is a way of completing a task through a series of steps or actions. - A process can be patented as a utility patent. -A recipe might be patentable as a process, and some types of computer software may be patentable as processes as well. --is a chemical compound consisting of two or more substances combined to make something new. -Manufacturers patent new drugs under this subcategory of utility patents. -Naturally occurring chemical compounds are not patentable. b) are granted to an inventor who invents or discovers a new variety of plant. However, the inventor must prove that he or she can asexually reproduce the new plant. -Asexual reproduction means that the plant is reproduced through cutting or grafting. Plants that grow from seeds do not reproduce asexually. Also, plants that are found in nature are not patentable. -A plant patent can protect special kinds of hybridized plants or food crops. Plant patents, once granted, last for 20 years. c) A design patent is different from a utility patent. -Design patents protect only the appearance of an article, whereas a utility patent protects how the article works.

1. The Patent Application Process - patent application contains the following basic parts: a) Specification b) Drawings c) Oath d) Filing fees 2. Patent prosecution 3. patent troll b) infringer c) strict liability 4. Infringers have two basic defenses to an inventor's claim of patent infringement: a) patent is invalid b) patent is valid, but the alleged infringer did not violate the patent.

1a) The written technical description of the invention. -The specification also contains information about how to make and use the invention. -The specification must include enough information that a person with ordinary skill in the relevant area could make the invention based on the specification. b) The pictorial description of the invention. -The drawings must completely describe the invention or discovery. -They help the USPTO understand the invention or discovery. c) The inventor must sign an oath that he or she is the first inventor of the item described in the patent application. d) There are different filing fees based upon the type of patent. -There are also additional fees for large patent applications, search fees, and examination fees. -A patent application specification must include at least one claim. -A "claim" defines the part of the invention that is to be protected by the patent. A patent specification may have several different claims. -An inventor must pay patent maintenance fees once the USPTO issues a patent. This keeps the patent in force. If an inventor does not maintain a patent, then other people can take advantage of it. - Patent maintenance fees are due at 3.5, 7.5, and 11.5 years after the original patent issue date. 2. refers to the actions the USPTO must complete in order to grant a patent. -In March 2020, it took the USPTO almost 23 months to prosecute a patent application. -This is the period from submitting a patent application to receiving a decision on it. 3. is a person who owns a patent but does not intend to make, use, or sell the invention. Instead, patent trolls enforce their patent rights and file lawsuits against alleged infringers. b) person who violates the IP rights of another c) means that people can be held responsible for their actions even if they did not intend to cause harm. 4a) a patent is invalid if an invention was publicly announced or sold for more than 1 year before the patent application. -The infringer would argue that the patent is not valid because the inventor violated the 1-year grace period rule. -An infringer also could argue that a patent is invalid if the inventor violated certain federal laws. -It could also be argued that a patent is not valid if the inventor misleads the USPTO during the patent application process. b) The infringer can claim his or her products or inventions do not infringe upon the inventor's patent

1. How Do You Protect Copyrights Internationally? a) Berne Convention for the Protection of Literary and Artistic Works (1886), administered by the WIPO (World Intellectual Property Organization) (United States became a member of the Berne Convention in 1989.) b)Berne Convention requires each member nation to recognize the following c) Piracy d) Statutory damages e) Fair use f) examples of fair use. -Fair use is permitted in these situations to promote free speech. g) technology-neutral factors that should be considered in determining whether a use should be considered fair use.

1a) main treaty regarding international copyright protection. - states that any party to the convention agrees to protect the copyrighted works of foreign citizens at least as much as it protects the copyrighted works of its own citizens. b) --A minimum term of copyright protection that is the life of the author plus 50 years ---Freedom from formalities such as notice or registration to recognize a copyright. Copyright protection arises automatically. ---Protection for certain moral rights of the author. c) unauthorized copying and distribution of electronic, musical, and audiovisual works. d) damage amounts that the law specifies -Lawmakers specify statutory damages in cases where it might be hard for a party to prove the amount of actual damages e) A copyright law concept that states some use of copyrighted works in limited ways is not copyright infringement. f)-- Criticism --Comment --News reporting --Teaching (including multiple copies for classroom use) --Scholarship --Research g) ----The purpose and character of the use —A use for nonprofit, educational, or comment purposes tends to favor fair use. A use that is for commercial or profit purposes tends to weigh against fair use. ----The nature of the copyrighted work —The more creative a work is, the more protection it will be afforded. Fair use tends to favor the use of facts and not the creative expression of an idea. ----The amount and substantiality of the work used —Use of a small amount of a copyrighted work tends to favor fair use. However, the use of a small part of a work that encompasses the substantial idea in that work weighs against fair use. ----The effect of the use upon the potential market —A use that has no effect on a potential market for a work tends to weigh in favor of fair use. A use of a work that has a major effect on the market is less likely to be considered fair use.

1. Patent Requirements -To be patentable, an invention or discovery must be: a) Novel b) Useful/utility c) Non-obvious 2. Plant Variety Protection Act of 1970 3. U.S. Supreme Court held in Diamond v. Chakrabarty (1980)

1a) means that it must be a new invention or discovery. - The USPTO will not issue a patent for an item that is not new. -To be considered new, an invention ----must be different from the prior art, or public knowledge about an invention that existed before the date upon which a patent application is filed. ----An invention or discovery must include elements that make it different from the prior art. ----An invention or discovery that merely contains prior art is not new and is not patentable. ----USPTO also looks at whether the invention was used in the United States or other countries before the date of the patent application. --- It also reviews whether the invention was patented or published in other countries. ---- If people know about the invention or discovery in other places, then it is not new. ***US patent law allows a 1-year grace period for inventions made available to the public, which means that an inventor must file for a patent within 1 year of announcing the invention to the public** b) . An inventor can meet this requirement by showing that the invention or discovery is beneficial to society. c) If an invention or discovery is not obvious, then it is patentable. 2. federal law that governs plants that grow from seeds 3. patentable subject matter is "anything under the sun that is made by man." Some types of items are not patentable—including objects found in nature.

1. Types of property ownership ai) Real property interest ii) Personal property interest iii) IP interest 2. Legal Entities 3. The federal law recognizes the following types of Intellectual Property (IP): a) Patents b) Trademarks c) Copyrights

ai)—This type of property interest means that a person owns land or buildings. ii) —This type of property interest means that a person owns physical possessions such as cars, books, and silverware. iii) —This type of property interest means that a person owns some sort of creation. Creations include items such as art, designs, images, and inventions. 2. include corporations, businesses, private organizations, and governments. 3a) —Used to protect inventions such as machines, processes, designs, and specialized plants. b) —Used to protect words, logos, symbols, or slogans that identify a product or service - Trademarks have the longest protection period. -They are protected as long as an owner continues to use it in commerce. c) —Used to protect books, art, music, videos, computer programs, and other creative works.