Copyright Protection

Study Notes

Definition: Copyright protects original literary, dramatic, musical, and artistic works, such as books, music, and films.
Types of works protected:
- Literary works: novels, poems, plays
- Musical works: melodies, compositions
- Artistic works: paintings, sculptures, photographs
- Dramatic works: movies, TV shows
Rights granted:
- Reproduction right: exclusive right to reproduce the work
- Distribution right: exclusive right to distribute copies of the work
- Display right: exclusive right to display the work publicly
- Performance right: exclusive right to perform the work publicly
Duration: Typically, the life of the author plus a certain number of years (e.g., 70 years in the US)
Registration: Not required, but recommended to establish proof of ownership and facilitate legal action

Definition: Patent infringement occurs when someone makes, uses, sells, or offers to sell an invention without the patent owner's permission.
Types of infringement:
- Direct infringement: making, using, or selling a patented invention without permission
- Indirect infringement: inducing or contributing to the infringement of a patent
Defenses:
- Patent invalidity: the patent is invalid due to a lack of novelty, non-obviousness, or other reasons
- Patent misuse: the patent owner is using the patent in a way that is contrary to public policy
Remedies:
- Injunctions: court orders to stop the infringing activity
- Damages: monetary compensation for losses suffered due to infringement
- Attorney fees: reimbursement of legal fees incurred in pursuing the infringement claim

Original literary, dramatic, musical, and artistic works are protected by copyright, including books, music, and films.
Four types of works are protected: literary, musical, artistic, and dramatic works.
Examples of literary works include novels, poems, and plays.
Examples of musical works include melodies and compositions.
Examples of artistic works include paintings, sculptures, and photographs.
Examples of dramatic works include movies and TV shows.
Copyright grants five exclusive rights to the creator: reproduction, distribution, display, performance, and adaptation.
The duration of copyright protection typically lasts for the life of the author plus a certain number of years (e.g., 70 years in the US).
Registration is not required, but it is recommended to establish proof of ownership and facilitate legal action.

Patent infringement occurs when someone makes, uses, sells, or offers to sell an invention without the patent owner's permission.
There are two types of patent infringement: direct and indirect infringement.
Direct infringement involves making, using, or selling a patented invention without permission.
Indirect infringement involves inducing or contributing to the infringement of a patent.
Two common defenses against patent infringement are patent invalidity and patent misuse.
Patent invalidity claims that the patent is invalid due to a lack of novelty, non-obviousness, or other reasons.
Patent misuse claims that the patent owner is using the patent in a way that is contrary to public policy.
Remedies for patent infringement include injunctions, damages, and attorney fees.
Injunctions are court orders to stop the infringing activity.
Damages provide monetary compensation for losses suffered due to infringement.
Attorney fees reimburse legal fees incurred in pursuing the infringement claim.