Law Final

  1. Copyright Act of 1970
    • Applied to books, maps and charts
    • Term:14 years
  2. Copyright Act of 1976
    • Applied to literary works, musical works, drama, sound recordings, motion pictures.
    • Term: 50 years
  3. Sonny Bono Copyright Term Ext Act of 1998
    • Extended protection to life of author plus 70 yrs
    • Added 20 yrs protection to existing works still protected by copyright
  4. Fair Use - Section 107 of Copyright Act
    No infringement if: Criticism, comment, news reporting, teaching, scholarship, or research
  5. Section 117 of Copyright Act
    Backup: 1 copy for archival
  6. Sony Betamax Case (1984)
    Supreme held that "time-shifting" was non-infringing fair use
  7. Campbell v. Acuff-Rose Music (1994)
    "Pretty Women" - Considered Parody and non-infringing fair use. "Transformative character"
  8. Audio Home Recording Act of 1992 (AHRA)
    • Music Industry lobbied against DATs
    • Industry gets Serial Copy Management
    • Consumer gets right to make analog or digital recordings for private use
  9. RIAA v. Diamond Multimedia (1999)
    • Court upheld that the Rio MP3 player was consistent with AHRA
    • Facilitated personal use
  10. A&M Records v. Napster (2001)
    • Enjoined Napster from facilitating copyrighted works
    • Fair use defense rejected - not "time-shifting" or "space-shifting"
  11. Digital Millenium Copyright Act of 1998
    Criminal to circumvent anti-copy measures
  12. Patent Law - Article I, Section 8 of Constitution
    • promote progress of science
    • Useful arts
    • securing for limited time to authors, inventors
    • exclusive rights to their writing, discoveries
  13. Patent Protection
    • Underlying idea
    • Last 20 years
    • Protects first to file (3/16/13)
  14. Novelty - Can't get Patent if:
    • Inventor did not himself invent
    • Invention was known or used by others in the US
    • Invention was on sale in the US more than 1 yr prior to filing
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Law Final
Law Final