Flashcards
Intellectual Property
Cards in this deck (18)
- 1Intellectual Property'Ownership of creations, the embodiment of ideas in some kind of form (works of art, literary works, musical compositions, inventions and scientific discoveries, new methods, broadcasts, computer programs, trademarks, logos, designs).'
- 2In Australia IP is protected by:Registration (patents, designs, trademarks, business names, plants breeder's rights) and automatically (copyright, business reputation, confidential information and trade secrets).
- 3Legislation:-Copyright Act 1968
-Designs Act 2003
-Patents Act 1990
-Trademarks Act 1995
-Trade Practices Act 1974 - 4PR Practitioners are involved by:directly writing media releases, put together corporate brochures, write a strategic plan. Indirectly: commission design of logos, publishing/reproducing photographs, images.
- 5CopyrightOne form of intellectual property, it is a legal right that exists because of legislation (Copyright Act 1968). Copyright protection is automatic, needs to be material under the act-part III relates to original works (can be literary, musical, artistic works). Copyright is the exclusive right of the author to communicate, publish and perform the work.
- 6Requirements for Subsistence of Copyright(CA32)--> works must be original and there must be a connection with Australia. Requirement of originality e.g. single words, slogans generally aren't protected (but can be trademarked). Logos-even simple-are considered artistic works and are protected.
- 7Connection with AustraliaAuthor is an Australian citizen or resident, or the work was first published in Australia (s89) in order for it to subsist.
- 8Ownership of Copyrights31- communicate means to make available online or electronically transmit (whether over a path or combination of paths provided by a material substance or otherwise) a work or other subject matter. The author is generally the one who can grant licenses as they are usually the owner and first reduced it to material form- even if paid to do it. (S10) defines the author in relation to a photograph as the person who took the photograph. An Author is an individual, might not always be the owner.
- 9Exceptions to Ownership-Where the author is a journalist employed by a newspaper/magazine etc (s35)
-when photos for private, domestic purposes are commissioned (s35)
-where the author is an employee and the work is made pursuant a contract of employment (s35) - 10Employees Under Contract(S97-100) For subject matter other than works, generally the maker will own the copyright, unless under contract. Employees do not own work created during employment-this position can be altered by contract.
- 11Getting Permission to Use Copyright Material:-Must obtain a license, can be implied or express. Implied license constitutes uncertainty, if there is no license, must wait for the copyright to expire.
- 12Duration of Copyright(S33) Works including photos: 70 years from death of the author
-Where works were unpublished in the author's life; 70 years after first publication
-Film and sound recording: 70 years from making (S93,94)
-Broadcast signals: 50 years from making (S95)
-Published editions of works: 25 years (S96) - 13Infringement of copyright-Doing the things which only the copyright owner has the exclusive right to do (S31).
-to amount to a breach, the infringement must be n relation to a substantial part of the copyright (S14). Quality is more important that quantity, infringement occurs if there is reproduction/actual copying of a substantial part. It can be an infringement to facilitate or permit copyright infringement by another person. - 14Exceptions to Infringement-Fair dealing for the purpose of research of study (S40)
-(S109A) copies for private domestic use
-(S111) time shifting, allows you to record things from TV pr radio etc for private domestic use - 15Civil Remedies-damages on account of profits: S115-131C of the Copyright Act 1968
-injunction - 16Criminal Offences-Copyright-a number of criminal offences where a person knows (or ought to have known) that their action is infringing copyright
-generally only infringement on a commercial scale will attract criminal penalties
-indictable, summary, strict liability offences, infringement notices - 17Maximum Penalties for individuals-indictable offences: fine (max 550 penalty points) or imprisoned for 5 years
-summary offences: fine (max 220 penalty points) imprisonment for up to 2 years
-strict liability offences--> fine only
-penalty points have a dollar value which will change over time-currently 1 point=$170 - 18Moral Rights-since December 2000 creators have 'moral rights' in connection with their work
-Creators can take legal action if they are not attributed or credited for their work, their work is falsely attributed to someone else or it is treated in a derogatory way (twisting it etc).
-Moral rights re rarely enforced by courts, last as long as copyright does.
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- Law Flashcards on Intellectual Property, created by Carla Genovesi on 22/11/2017.
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- Carla Genovesi
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