Intellectual Property
Table of Contents
From Crash Course
- Information wants to be free. (Because it is easy to share & obtain)
- Information wants to be expensive. (Because it has advantages)
A joke: (Episode 7)
We don't know who invented fire hydrant because its patent was destroyed in a fire.
Definition of Intellectual Property:
- Nonphysical property that stems from, is identified as, and whose value is based on an idea or some ideas.
Note that:
- Only the concrete, tangible, or physical embodiments of the idea are protected by IP Laws.
- It is limited in time. Copyright in US i valid for life of author + 70 years.
- It is limited to fair use exception for certain personal or publicly beneficial use.
IP Includes:
- Copyrights
- Patents
- Trademarks
1. Copyright
- Right of Copy
1.1. Copyright covers
- Oringal work of authorship
- literary (novesl, blogs, progaram codes, tweets)
- musical
- sound recording
- dramatic
- pantomimes and choreographic work
- pictorial, graphic & sculptural
- motion picture
- architectural works
Copyright covers expression of ideas (in tangible medium) not just the idea. Can't copyright facts.
- Works created by federal government are not copyrightable (in US)
- Work made for hire => Employer is the copyright order
1.2. Reproduction Right
- Right to copy (i.e. produce a copy of original content)
- Temporary copies aren't fixed or tangible
1.3. Right of Copyright Holder
- Adaptation Right: Authorize translation, create motion-picture adaptation, …
- Distribution Right: Right to distribute copies, phonovecords by sale, centals, … ??
1.4. Public Performance Right
Songwriters, composers, and music publishers have the exclusive right to play their music publicly and to authorize others to do so under the copyright law.
2. First Sale Rule
After the copyright owner sells you a copy of their work, you can sell that copy to others. This allows libraries to lend you books.
Sell = Distribute ≠ Reproduce
3. Fair Use
Avoid the rigid application of the copyright statue when, on occasions, it would stifle the very creativity which that law is designed to foster.
Factors:
- Purpose of orignal work
- Nautre of wok. More original work have stornger copyright
- How much you copy?
- Quantitative substansability
- qualitative
- Monetary
Take not from others to such an extent and in such manner that you would be resentful if they so took from you.
4. Patent
Government grant exclusive rights in exchange for clear and detailed disclosure of inventions.
- limited monopoly for inventors
4.1. Requirements
- Patentable
- invention of human not product of nature
- Useful
- New/Novel
- Innovation must be non-obvious
- Enablement
- patent document should be clear enough to recreate the invention
4.2. Types
- Design Patent
- Utility
- Plant (new variety of plant (genetically modified or grafted, … )
5. Trademarks
- service marks
- trade dress or product packing is protected if it is nonfunctional and distinctive
Trademarks are symbols
- words, logos, designs, aromas, sounds, colours, personal names, containers
5.1. Requirements
- has to be a symbol or a device
- has to be used in interstate commerce
- has to identify makr owners goods. i.e. it has to be distinctive
5.2. Distinctiveness
- Generic
- Descriptive
- Suggestive
- Arbitrary
- Fanciful
Fanciful, arbitrary and suggestive makrs recieve automatic protection upon use because they are considered to be inherently distinctive
- ® = Registered with trademark & patent office
- TM = Explicitly asserting trademark
6. Intellectual Property Laws
Treatise setup a baseline of protection that the countries must provide.
National Treatment:
Each copuntry has to give foreigners IP protection that is no less favourable than protection granted to its own people.
- World Intellectual Property Organisation (WIPO); made in Berne convention
- TRIPS convention -> WTO enforces its laws
- Paris aggrement: allows unified patent application in inventors country that will be respected by/in other ocuntires
