Transcript Copyright and Intellectual Property Right

Copyright and Intellectual
Property Right
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Use and Protection of Intellectual
Property in Online Business
• Intellectual property (general term) includes:
– All products of the human mind
• Tangible or intangible
– Protections afforded by copyrights and patents,
trademarks registration, service marks
• Right of publicity
– Limited right to control others’ commercial use of
an individual’s name, image, likeness, identifying
aspect of identity
– Limited by U.S. First Amendment provisions
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Use and Protection of Intellectual
Property in Online Business (cont’d.)
• Online businesses must avoid:
– Deceptive trade practices
– False advertising claims
– Defamation or product disparagement
– Infringements of intellectual property rights
• By using unauthorized content
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World Intellectual Property Day
April 26
2009 WORLD IP DAY
On World Intellectual
Property Day this year,
WIPO's focus is on
promoting VISIONARY
INNOVATION as the key
to a secure future.
Copyright Issues
• Copyright
– Right granted by government to the author
(creator) of literary or artistic work
• Specific time length provided in copyright law
– Gives author (creator) sole and exclusive right to
the work (print, publish, sell)
– Includes virtually all forms of artistic or intellectual
expression
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Copyright Issues (cont’d.)
• Idea contained in an expression
– Cannot be copyrighted
• Requirement
– Idea must be separate from expression
– Example: mathematical calculations
• Collection of facts
– Can be copyrighted
– Example: Yahoo! Web Directory
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Copyright Issues (cont’d.)
• U.S. law still allows registration (no longer
required)
• Work created after 1989
– Copyrighted automatically by virtue of copyright law
• Most U.S. Web pages protected by automatic
copyright provision
• Web client computer copy of HTML file
– Acceptable under fair use
• Includes copying it for use in criticism, comment, news
reporting, teaching, scholarship, or research
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FIGURE 8-7 U.S. law governing the fair use exception
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Copyright Issues (cont’d.)
• Fair use specific factors
– Nonprofit educational uses have better chance of
qualifying than commercial uses
– Court may consider painting using different
standards than sound recording
– Small sections qualify when entire work might not
– Court may consider amount of damage caused to
value of copyrighted work
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Copyright Issues (cont’d.)
• Copyright law difficult to apply
– Due to elements such as fair use
• Vicarious copyright infringement
– Entity capable of supervising infringing activity
– Obtains a financial benefit from infringing activity
• Example: Napster
– Failed to monitor its network
– Profited indirectly from the infringement
• Music downloads, copying
– Legality unclear in many cases
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