Intellectual Property Law Overview

Works that have lost their copyright protection and are free to use by anyone.

Ideas, concepts, and principles cannot be protected by copyright. Only their concrete expression in a tangible form is eligible for protection.

A sign used to distinguish goods and services of one company from those of another.

A trademark registered with a national or international authority.

A legal right granted for a limited time to an inventor to exclude others from making, using, or selling their invention.

A legal right granted to the creator of a work of authorship to control how that work is used.

The legal right to use, modify, distribute, and create new works from existing material that has lost its copyright protection.

Exceptions to copyright law that allow certain uses of copyrighted works without permission, such as for criticism, research, or education.

The primary purpose of a trademark is to ensure consumers correctly identify the origin of a product. It helps distinguish a particular product or service from others with different origins, preventing confusion.

Besides identifying origin, trademarks offer additional benefits like guaranteeing the quality of goods or services, facilitating communication about the brand, attracting investments, and aiding advertising efforts.

To register a trademark, it needs to be distinctive, unique, and not misleading or against public policy. This means it should not be too similar to existing trademarks, cause confusion, or promote harmful or unethical ideas.

A trademark becomes generic when it's so widely used that it becomes the common name for a product category, losing its trademark protection. For example, Xerox might become the generic term for photocopiers.

Direct evidence of secondary meaning includes direct consumer testimony and surveys, showing consumers associate the trademark with a specific source, regardless of the product's actual origin.

Circumstantial evidence of secondary meaning includes factors like the exclusivity, duration, and manner of using the trademark, amount and type of advertising, and sales volume and customer base.

The assessment of trademark similarity involves comparing trademarks as a whole, considering the perspective of the average consumer. It analyzes conceptual, visual, and phonetic similarities.

The duration of trademark protection is typically 10 years and can be renewed for subsequent periods. This ensures continued protection for the brand owner.

Rights that protect the performances of artists and the recordings of phonogram producers.

The initial stage of creating a work, involving conceptualization, selection of ideas, and outlining.

The stage where a work is recorded onto a tangible medium, capturing the creative expression.

The stage following fixation, where copies of the work are produced and distributed for audiences.

Economic rights allow copyright holders to control how their work is used, giving them the right to authorize or prohibit certain actions.

Moral rights (in some jurisdictions) allow creators to be recognized for their work and to prevent its distortion or mutilation.

Authorization rights allow creators to permit or deny various uses of their works, such as reproduction, distribution, and performance.

Rules created by social media companies like Facebook and Twitter that govern user behavior and content.

The coexistence of various legal systems, including customary law, international norms, and platform law.

Terms of Service agreements that outline user obligations and platform rights, often restricting user rights more than national laws.

Guidelines that dictate acceptable behavior on platforms, often decided by the platform and subject to change.

The processes used to flag, review, and remove content from platforms, often involving both users and algorithms.

Platforms use algorithms to prioritize content, often emphasizing posts that generate high engagement.

The potential for platform laws to overshadow or replace national laws, creating a globalized approach.

The potential for platform laws to disadvantage marginalized groups by reflecting the preferences of the majority.

This right covers all forms of reproduction, whether direct or indirect, temporary or permanent, in whole or in part, and by any means. Basically, any copy of a copyrighted work, even a small excerpt, falls under this right.

This case clarified that even small excerpts, like 11-word extracts, can constitute copyright infringement if they express the author's original idea.

This case focused on background music played in a private dentist office. The court ruled that playing music for patients in this context did not qualify as "communication to the public" because it was passive and incidental to the dentist's practice.

This act strengthened protections against digital copyright infringement by prohibiting unauthorized access and circumvention of technological protection measures (TPMs).

These are designed to restrict unauthorized access and copying of digital content using security technologies.

These are security technologies that restrict unauthorized acts like copying or accessing digital content.

This directive harmonized national copyright laws across the European Union, addressing digital reproduction rights and introducing exceptions for temporary copies made during lawful transmissions.

This refers to creating copies of a copyrighted work, including storage and digitization. It is covered by reproduction rights but may be subject to specific agreements like the WCT (WIPO Copyright Treaty).

Art created for the public, often in outdoor spaces, accessible to all. It can include sculptures, paintings, land art, installations, and architectural works.

Copyright protects the artistic expression of a work (e.g., a design, a painting), regardless of the legality of the underlying act it depicts. For example, a copyright exists on a graffiti artwork, even if the graffiti itself was done illegally.

The practice of removing street art from its original location can violate the artist's moral rights, as it disconnects the art from its intended context and the artist's vision.

The right to reproduce public art, such as by taking photos or making paintings, is legal in some jurisdictions under Freedom of Panorama.

Public art can be legally protected under copyright law, similar to traditional fine arts.

Architectural copyright protects both the blueprints and the actual built structure, similar to fine arts but with a focus on functional aspects.

Buildings are considered both artistic and functional, leading to legal debate over how copyright applies to them.

Public art can be categorized as either fine arts, like sculptures and murals, or architectural works, like buildings and bridges.

A film producer in civil law countries acquires related rights, providing greater freedom and control over how the film is used.

The intentional act of removing street art from its context, potentially infringing on the artist's moral rights.

Copyright protects the artistic expression of a work, regardless of whether the subject matter is legal or not.

Platforms like websites or apps that host user-generated content. Examples include YouTube, Facebook, and SoundCloud.

A legal protection that shields online platforms from direct liability for copyright infringement by their users under certain conditions.

A formal notification sent to a platform by a copyright holder, claiming that content uploaded by a user infringes their rights and requesting its removal.

The legal responsibility of a platform for copyright infringement by its users, even if they were not directly involved in the infringement.

A legal document that outlines a platform's rules for content sharing and its users' responsibilities regarding copyrighted material.

Systems that use artificial intelligence ( AI ) to automatically detect and remove potentially infringing content on platforms.

Legal rights held by individuals or companies who created or own recorded music.

A specific copyright for the actual sound recording of a song, separate from the composition copyright.

In civil law jurisdictions, multiple people can be considered authors of a film, including the scriptwriter, scenario author, music composer, and director.

In the UK, under common law, the producer and principal director are considered joint authors of a film because they have creative and financial control over the project.

A recorded production is a creative work, such as a photograph, recording, or film, that is permanently fixed on a physical medium, like film or a digital file.

The process of creating a recorded production has three stages: pre-fixation, where ideas are developed, fixation, where the work is captured, and post-fixation, where the recording is edited and distributed.

The rights to a recorded production can be protected by copyright, related rights, or both. Copyright protects creative contributions, while related rights protect organizational contributions.

Production companies typically hold all rights to a film and are responsible for licensing and exploitation in different distribution channels.

Distribution agreements define the terms of commercial exploitation between producers and distributors, including cinema, video, and television rights.

Merchandising involves using copyright, trademark, and design laws to create and license products based on a film, extending its brand recognition.

The ability of a non-human entity, such as AI, to be recognized as the author of a creative work under copyright law.

The concept of originality in copyright law is challenged by AI-generated works because they lack personal intellectual contribution, raising questions about whether the output meets the originality requirement.

A U.S. court ruling that a monkey's selfie couldn't be copyrighted because it lacked human authorship. This case reinforces the human-centric nature of copyright law and its application to AI-generated works.

AI-generated content, lacking copyright protection, may lead to fewer incentives for programmers and creators. However, society gains wider access to these works. This creates a balance between incentivizing creators and promoting free access.

The issue of potential authorship claims arises with AI works, with programmers who design the AI system and users who initiate the creative process both claiming a role. Joint authorship is rare due to a lack of shared intent.

Streaming services, smart speakers, and bundled offers with telecommunication companies have revolutionized how music is accessed and consumed, impacting the music industry's revenue streams, job structures, and organizational models.

Streaming services now dominate the music business, leading to shifts in market share, playlist curation, and in-car streaming integration. This disruption has significantly impacted the music industry.

Universal Music Group (UMG) is a leading global music company with subsidiaries like Bravado (merchandising) and UMPG (publishing) and represents a diverse range of artists across genres, including pop, rock, jazz, and classical.

Moral rights in public art protect the artist's reputation and integrity. Two key rights are attribution and integrity. Attribution ensures correct identification of the artist, while integrity prevents alteration or misuse that could damage the artist's reputation.

Reproduction in copyright law refers to creating copies of a work, including storing or digitizing it. This right is part of the core protections for creators and helps them control how their work is disseminated.

Case studies in copyright law help reveal how laws are applied in specific situations. They involve real-life disputes and court decisions, providing valuable insight into the interpretation and limitations of copyright.

De-contextualization in public art refers to removing art from its intended setting, often to sell or exhibit it elsewhere. This can infringe on the artist's moral rights, disrupting the artist's vision and the context of the art.