Copyrights - created from Mind Map

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Copyright law

First sale doctrine

Can be sold, leased or given away

The 1976 Copyright Law

Protects: literacy works, music, dramatic works, choreographic works, art, movies, sounds, architectural

Work made for hire

Copyright infringement

Trademark

Distincitiveness

Protects Creators works

Original works of authorship

Lasts for creators life + 70

Creatos do not have the right to control individual copies

The US Supreme court allows home recordings for personal use and making a single copy without permission

the right to: produce it, make derivatives, distribution, perform publicly, display it, transmit the sound

Derivative work: a work that is obtained from or created in relation to an original

once a copy is sold, the person can transfer, dispose or posses that copy

creators don't have bargaining rights w large corporations

To have more balance--> termination rights

Transferred rights returned in 35-40 years ( does not apply for works made for hire)

when a person creates something as part of his employment

Employer owns copyright

Unless an employer agrees in writing otherwise

Arnstein Test

Kroft Test

Abstraction Filtration Comparison

Defenses

Must show that the work was copied

Juries and judges decide if a defendant had access to the work/substantially similar

without proof= no infringement

Two steps that explore similarity

to the general idea and context

to the specific expression of that idea

court has to identify which aspects constitute expression vs. ideas (A)

Remove unprotected ideas (F)

Last, compare works (C)

Fair Use

The state of limitations

Copyright holder has abandoned the work

4 things courts look at

What purpose was the copyright used without permission for?

What was the nature it was used for?

How much was used?

What effect did the unauthorized use have on the market value of the original?

A word, name, symbol or design that identifies a companies goods

Logos and names

look, size, shape, color, texture, graphics

Lanman Act

Protects copyrights that are eligible for a US Patent and Trademark

Fanciful Marks: marks and made up words (Ex: Lexus)

Arbitrary Marks: words that mean something different (Ex: apple)

Suggestive Marks: suggests a products source or manufacturer's business but not product (Ex: Playboy)

Descriptive Marks: describes the product or service

Secondary meaning

Beyond the words meaning

Public must associate a word with a products source/producer