Copyrights and Patents

  1. What is not protected by a copyright?
    • Procedures
    • Processes
    • Concepts
  2. Rights of a copyright
    • Reproduce the work
    • Prepare derivative works based off the work
    • Distribute copies of the work
    • Perform or display the work publicly
  3. When is copyright protection effective?
    • It is automatic as soon as work is created/developed in a tangible medium expression.
    • However, to enforce the owner must generally register the copyright with the federal copyright office.
  4. Dos the owner of a copyright have to prove that the entire work was taken?
    No, just use of a substantial part of the work can be sufficient.
  5. Does the owner of a copyright that was infringed upon need to prove fault?
    No, unintentional infringement is actionable.
  6. Remedies for copyright infringement
    • injunction
    • impoundment of the offending material
    • damages including profits made by the infringer or statutory damages of between $500-$20,000 (or $100k if the infringement was willful)
    • costs of bringing law suit
    • Criminal fine: $250,000
  7. How long do copyrights last?
    • author's life + 70yrs
    • company: 95yrs from first published or 120 years from its creation (which ever is earlier)
  8. Attirbutes of a patent
    • novel
    • useful
    • not obvious to a person
  9. what is a patent
    federal right to protect an invention, process, or design
  10. What is not protected by a patent
    • naturally occuring substances
    • abstract ideas
    • laws of nature
    • ideas
  11. when are patents protected
    upon issuance of a patent by the US patent and trademark office
  12. remedies of patent infringement
    • injunction
    • damages at least equal to a reasonable royalty for using the patent; treble damages if the unauthorized use was intentional; and
    • attorneys' fees and costs fo bringing the suit
  13. possible defense of patent infringement
    the patent should not have been issued - that the product or design was not truly novel, useful, and nonobvious.
  14. is lack of knowledge a defense for patent infringement
    good faith and lack of knowledge are not a valid defense to direct infringement
  15. how do patent rights last
    • 20 years for most inventions
    • 14 years for desgin patents
Card Set
Copyrights and Patents