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Intellectual Property
Common types of intellectual property include copyrights, trademarks, patents, industrial design rights and trade secrets in some jurisdictions.
2,575 Questions
Why is copyright law important when using the internet for research?
Copyright on the Internet is quite similar to copyright in the off-line world. If an author publishes an original expression - writing, a photograph, a video, a music-clip online, graphics, he or she owns the copyright to such creation, exactly as the same person would have benefited from a copyright if the piece were published in a magazine, a radio show, etc. Protection occurs automatically (meaning, the creator acquires a copyright immediately once he or she "fixes" the work in the medium used (i.e., the Internet!)
It's a good idea to place the ©symbol with a year of copyright under the creation on the Webpage where it is displayed so as to notify users that the work is copyrighted, though, not doing so does not mean that the author/creator has relinquished his copyright...
One must realize that on the Internet, materials are a lot easier to copy or "lift" and therefore, it might be more difficult to enforce a copyright with respect to online information that is proprietary. However, the laws that apply to works exisiting in the real world will continue to apply to the digital works in cyberspace.
How many patents had Thomas Edison made when he died?
1093! - The largest number held by any one person at that time.
Today, there are dozens of companies that get more than that number of patents issued in the USA in a single year.
Many of Edison' patents were invalid because he stole the ideas, including all of his so-called "light bulb patents", which were stripped by the patent office in 1893.
What is preexisting contractual duty?
A preexisting contractual duty is a common law rule of contract. It is wherein a party's offer of a performance already required under an existing contract is an insufficient consideration for modification of the contract.
In what year did Congress pass the first copyright laws?
Originally the basis for US copyright law was established in the Constitution. For this reason Article 1 section 8 clause 8 has become known as the "copyright clause".
"To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries."
It was proposed on August 18th, 1787 and ratified for inclusion on September 17th, 1787
What is the difference between tangible property and intellectual property?
The biggest difference, and the one cited most frequently in arguments about copyright and filesharing, is that if I take your physical property, you don't have it anymore. You had a screwdriver, now I have a screwdriver. But with intellectual property, there's no thing changing hands: you had a song, now we each have a song.
Intellectual property rights also expire after a set period of time. After a while, you can use my song without my permission. But you always need permission to use my screwdriver.
The most esoteric difference is that real property has inherent value, while intellectual property does not. An actual car has a known worth; the patents that make up that car, and the trademarks the car is sold under, only have value in relation to the actual car.
Is Dark as a Dungeon public domain?
"Dark as a dungeon" would be considered a "common phrase" and as such is not eligible for copyright protection
Retained earning,fund form business operation,commerciai papers
What is the role of the World Trade Organization in protecting intellectual property rights?
In 1994, the WTO administered the agreeement on Trade Related Aspects of Intellectual Property Rights, known as TRIPS, during the Uruguay Round talks of GATT. TRIPS was the first international trade treaty acknowledging intellectual property at all. It required member countries to respect each others' copyrights using the previously existing model of the Berne Convention, and through the Doha Declaration works to make patented medicines more easily available in developing countries.
What are the copyright laws for video?
The four primary factors that must be considered in establishing whether or not an infringement is justified as "fair use" are...
- The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes
- The nature of the copyrighted work
- The amount and substantiality of the portion used in relation to the copyrighted work as a whole
- The effect of the use upon the potential market for, or value of, the copyrighted work
What is copyright designs and patents act?
This act ensures that things such as literacy, photographs, artists creations, engravements, dramatic and musical works cannot be copied. The law is also carried out when it comes to computers as it is illegal to copy software or run pirated software. Everything here mentioned, however, can be claimed as someone elses when the original owner has been dead for a certain amount of years. It is usually after 70 years it can be claimed but in some cases where they don't know who the creator is it can be claimed 50 years after it was first made public.
What types of media are subject to copyright law?
According to the US Copyright Office:
1 literary works
2 musical works, including any accompanying words
3 dramatic works, including any accompanying music
4 pantomimes and choreographic works
5 pictorial, graphic, and sculptural works
6 motion pictures and other audiovisual works
7 sound recordings
8 architectural works
What are you not allowed to do under copyright law?
There are five basic rights that copyright law confers on the rights holder...
The right to reproduce the work
The right to create derivatives
The right to distribute copes to the public
The right to perform the work publicly
The right to display the work publicly
note that these rights are not absolute, there are exceptions (most notably the "fair use" doctrine)
How do you get a design patent for shoes?
You would need to supply the patent office with detailed images of the design, as part of the application process. Unlike copyright, the patent process is quite elaborate and often requires the assistance of an attorney.
For information on US design patent applications, see the link below.
How much is earned from a patent?
If by "register a patent" you mean "have a patent issued", the costs vary widely. Elements of the cost include: #complexity of the invention #what type of invention it is #how broad or narrow is the field of invention #whether the field is crowded or you're a pioneer #number of countries where protection is desired #how many rejections are received during handling #other procedural nightmares (interferences, etc) #how many patents you get issued from one application #how long you intend to enforce them One of the more expensive things is drafting the application, and it must be done carefully and professionally.
Can ideas be protected by patents or copyrights?
No ideas are not necessarily under copyright law.
If you publish it on the web, a book, and/or record it, the copyright is yours but the "idea, procedure, process, system, method of operation, concept, principle, or discovery" you have described is free of any copyright.
Some ideas can be protected to the limited extent that they are implemented in a patented invention. Other ideas are protected merely by keeping them secret.
Why is file sharing a violation of the copyright laws?
Copyright gives the rightsholder the exclusive right to copy, alter, distribute, or perform/display the work. Anyone else doing this without their permission is violating their rights.
Uploading a file is both copying and distributing, and downloading it is copying.
The most common IP abuse is unlicensed use of protected materials. In copyright and patent it's known as infringement, and in trademark it can be infringement or fraud, depending on the use.
On the other hand, various "trolls" can be said to abuse the IP laws by using them to unfairly punish good-faith actors. Righthaven is an example of this.
A trademark or trade mark (represented by the symbol ™)[1] or mark is a distinctive sign or indicator of some kind which is used by an individual, business organization or other legal entity to identify uniquely the source of its products and/or services to consumers, and to distinguish its products or services from those of other entities. A trademark is a type of intellectual property, and typically a name, word, phrase, logo, symbol, design, image, or a combination of these elements.[2] There is also a range of non-conventional trademarks comprising marks which do not fall into these standard categories.
The owner of a registered trademark may commence legal proceedings for trademark infringement to prevent unauthorized use of that trademark. However, registration is not required. The owner of a common law trademark may also file suit, but an unregistered mark may be protectable only within the geographical area within which it has been used or in geographical areas into which it may be reasonably expected to expand.
The term trademark is also used informally to refer to any distinguishing attribute by which an individual is readily identified, such as the well known characteristics of celebrities. When a trademark is used in relation to services rather than products, it may sometimes be called a service mark, particularly in the United States
http://en.wikipedia.org/wiki/Trademark
a common law family is a family with a man and a woman live together for a long time not being married and having children
What are the 4 forms of intellectual property rights?
- Copyright
- Trademark
- Patent
- Trade Secret
Copyright is vested in any creative work and gives the author (or those they sell the copyright to) the sole right to copy and to publish the original or a derivative work.
Trademarks are officially registered and protect a company's brand.
Patents give a limited time monopoly on an invention in return for publishing it.
Trade Secrets are otherwise unprotected information that is kept secret or divulged only to those who agree to keep it secret. If the secret gets out it is no longer protected.
How does breaking the copyright law affect businesses?
It depends what kind of business they're in. If they make money by creating, licensing, or selling copyrighted products (publishers, movie studios, record labels), they're in trouble if someone starts infringing on them. Printers and CD/DVD duplicators are also careful to ensure that the projects they're given aren't infringing. Small businesses, especially restaurants, can be put out of business by an ASCAP "sting" if they aren't properly licensing music being played in their establishments.
Law firms specializing in IP, on the other hand, think it's lovely.
Can you get around copyright law?
Deliberately bypassing technology put in place to protect copyrighted material is illegal under terms of Section 1201 (Circumvention of copyright protection systems) of the Digtal Millennium Copyright Act (DMCA).
"(a) VIOLATIONS REGARDING CIRCUMVENTION OF TECHNOLOGICAL MEASURES- (1)(A) No person shall circumvent a technological measure that effectively controls access to a work protected under this title"
Additionally if WikiAnswers were to provide you with information which would allow copyright to be bypassed, there is the possibility of a charge of contributory infringement. In Felton v RIAA: Corley v. Universal the mere posting of a link to a computer program that can be used to circumvent technical protection measures was held to be a violation of the DMCA. [Universal v. Corley (2d Ciruit cite)]
Copyright law protects original works of authorship including (but not limited to) literary, dramatic, musical, and artistic works. It can include works such as poetry, novels, movies, songs, computer software, and architecture. Copyright does not protect names, titles, common words/phrases, facts, ideas, systems, or methods of operation
What rights does an intellectual property grant a person?
It varies from country to country. In the US, works created by officers or employees of the federal government in the course of their duties are not protected by copyright; the government can have copyright assigned to it, however. The government does hold many trademarks and patents.
