Chapter 13
what four factors do courts consider is determining what is fair use
-purpose and character -nature of work -amount and substantiality -effect on potential market
contributory infringement
a form of secondary liability for direct infringement of a patent, copyright, or trademark
trade dress
a legal term of art that generally refers to to characteristics of a visual appearance of a product or its packaging that signify the source of the product to consumers
service mark
a legally registered name or designation used in the manner of a trademark to distinguish an organizations services from those of its competitors
trade name
a name that has a status of a trademark, a name by which something is known in a particular trade or profession
trademark
a word, name, symbol or design used to identify a company's goods and distinguish from their similar products other companies make
first sale doctrine
allows individual copies to be bought and sold without permission of the copyright holder
vicarious infringement
also a form of secondary liability for direct infringement based on the common law principle. someone who may be infringing without knowing it is likely to be charged iwht this
copyright
an exclusive legal right used to protect intellectual creations from unauthorized use
what kinds of work does copyright protection extend to?
anything that is not a fact or basic idea.
what part of the constitution authorizes congress to pass copyright legislation
article 1, section 8 of the constitution
what are the defenses to trademark infringement suit
disprove access and substantial similarity. determine whether the defendant's use causes a likelihood of confusion in the average consumer
what did the supreme court decide in eldred v. ashcroft
extending the copyright period is constitutional
how does the Digital Millennium copyright act limit the use of copyrighted work on the internet
internet service providers could potentially lose copyright suits due to what the users uploaded onto websites
how does the digital millennium copyright act protect ISPs
it protects them from copyright infringement suits is ISP remvoes material that a copyright holder tell teh website is posted w/out permission "takedown notice"
how long does a copyright last? how does the term differ if a corporation owns the copyright
lifetime plus 70 years for an author and for a corporation copyright exists from first publication or 120 years from creation
commissioned work
make a percentage of whatever the work is sold for
does a copyrighted work have to registered to carry a copyright symbol
no.
what is the digital millennium copyright act?
prohibits removing/changing copyright name, disabling anticopying features
why is it a good idea to register and show the symbol
registrations and notice are no longer required but both are still a good idea in case of proving infringement or statutory damages
when does copyright take effect during the creation of a work
the moment it is created and fixed in any tangible medium
"public domain"
the sphere that includes material not protected by copyright law and therefore available for use without the creator's permission
trademark infringement
the unauthorized use of a trademark or service mark on competing or related goods and services
work for hire
work created when working for another person or company, the copyright in a work made for hire belongs to the employee, not the creator
freelance work
work offered on a art time basis to more than one company or individual
must trademarks be registered? what conditions must they meet to be registered
yes. they must be original , distinctive, and recognizable
