Intellectual Property Law Overview
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Questions and Answers

What are the primary components of platform law?

  • Local Customs
  • Ad Hoc Case Practices (correct)
  • Community Standards (correct)
  • National Laws

    • Platform law always aligns with national laws.

    False

    What does 'legal pluralism' refer to?

    The coexistence of multiple legal systems.

    Terms of Service often restrict user rights more than __________ laws.

    <p>national</p> Signup and view all the answers

    Which of the following is NOT a component of platform law?

    <p>International Treaties</p> Signup and view all the answers

    Match the following platform law components with their descriptions:

    <p>Contract Law = Outlines user obligations and platform rights Substantive Law = Dictates permissible behavior Procedural Law = Mechanisms for content flagging and removal Technical Law = Uses algorithms to curate content</p> Signup and view all the answers

    Platforms always take local norms into account when implementing rules.

    <p>False</p> Signup and view all the answers

    What is one potential risk associated with the technical aspects of platform law?

    <p>Amplification of divisive content</p> Signup and view all the answers

    What aspect of merchandising was deemed lawful?

    <p>Descriptive use</p> Signup and view all the answers

    Copyright protects illegal works, such as unauthorized graffiti.

    <p>True</p> Signup and view all the answers

    What is the legal significance of the 5Pointz Case?

    <p>It highlighted moral rights and recognized the cultural significance of outdoor graffiti.</p> Signup and view all the answers

    Public art is generally defined as artworks staged in __________ public spaces.

    <p>physical</p> Signup and view all the answers

    Match the following cases with their claims:

    <p>Jade Berreau v. McDonald’s = Using graffiti-inspired imagery without consent Reece v. Mark Ecko Unlimited = Artistic value in graffiti tags 5Pointz Case = Moral rights and cultural significance</p> Signup and view all the answers

    Which of the following is a characteristic of public art?

    <p>Community involvement</p> Signup and view all the answers

    Freedom of Panorama allows reproduction of public art in all jurisdictions without restrictions.

    <p>False</p> Signup and view all the answers

    What does architectural copyright protect?

    <p>Both the plans and the built structure.</p> Signup and view all the answers

    What is the essential function of a trademark?

    <p>To guarantee the identity of the origin of products</p> Signup and view all the answers

    A trademark can be misleading to consumers if it does not guarantee quality.

    <p>True</p> Signup and view all the answers

    Name one function of trademarks besides guaranteeing the identity of the origin of the product.

    <p>Quality, communication, investment, or advertising</p> Signup and view all the answers

    A trademark can become a generic word for a product category when it is used so commonly that it loses its ______.

    <p>distinctiveness</p> Signup and view all the answers

    Match the trademark similarity criteria with their descriptions:

    <p>Conceptual similarity = Similarity in meaning or idea Visual similarity = Similarity in appearance Phonetical similarity = Similarity in sound</p> Signup and view all the answers

    Which of the following is NOT a requirement for a trademark?

    <p>Market exclusivity</p> Signup and view all the answers

    The duration of a trademark is 10 years and it is not renewable.

    <p>False</p> Signup and view all the answers

    What are two types of evidence that can prove secondary meaning for a trademark?

    <p>Direct consumer testimony and circumstantial evidence</p> Signup and view all the answers

    What are the main economic rights granted to performers and producers?

    <p>Authorization rights and remuneration rights</p> Signup and view all the answers

    Moral rights only relate to the financial aspects of a performer's work.

    <p>False</p> Signup and view all the answers

    How long does protection of related rights generally last?

    <p>50 years</p> Signup and view all the answers

    Related rights include both economic rights and _____ rights.

    <p>moral</p> Signup and view all the answers

    What is the scope of protection provided by copyright?

    <p>Literary, artistic, and scientific works</p> Signup and view all the answers

    Match the type of protection with the related duration:

    <p>Performances = From fixation or performance year Phonograms = From fixation or first lawful communication Films = From fixation or first publication Broadcasts = From the year following first transmission</p> Signup and view all the answers

    Broadcasters hold rights over their broadcast signals.

    <p>True</p> Signup and view all the answers

    What are the three stages of production in recorded productions?

    <p>Pre-fixation, fixation, post-fixation</p> Signup and view all the answers

    Which directive specifically strengthened protections against unauthorized access to copyrighted material?

    <p>Digital Millennium Copyright Act (DMCA)</p> Signup and view all the answers

    The SCF v. Del Corso case determined that playing background music in private spaces is subject to royalty payments.

    <p>False</p> Signup and view all the answers

    What does the Reproduction Right cover?

    <p>Direct, indirect, temporary, or permanent reproductions of works.</p> Signup and view all the answers

    The EU InfoSoc Directive introduced exceptions for __________ acts in lawful transmission processes.

    <p>transient or incidental</p> Signup and view all the answers

    Match the cases or directives with their significance:

    <p>EU InfoSoc Directive = Harmonized national copyright laws Digital Millennium Copyright Act = Prohibits circumvention of technological measures Infopaq Case = Partial reproductions can be infringement SCF v.Del Corso Case = Exemption for background music in private practices</p> Signup and view all the answers

    What are Technological Protection Measures (TPMs) designed for?

    <p>To restrict unauthorized acts using security technologies</p> Signup and view all the answers

    The Reproduction Right includes all acts of reproduction, including both temporary and permanent copies.

    <p>True</p> Signup and view all the answers

    What was the outcome of the Infopaq Case regarding extracts of works?

    <p>Even partial reproductions can constitute copyright infringement if they express the author’s intellectual creation.</p> Signup and view all the answers

    Who are typically considered authors of a film?

    <p>Director, screenwriter, composer</p> Signup and view all the answers

    DJs generally receive legal acknowledgment for their creative contributions.

    <p>False</p> Signup and view all the answers

    What legal rights do film producers gain in civil law countries?

    <p>Related rights</p> Signup and view all the answers

    To establish responsibility for copyright infringement, users are held liable for their ______.

    <p>actions</p> Signup and view all the answers

    Match the following forms of content with their descriptions:

    <p>Racist content = Content promoting hate or violence Leaked content = Content shared without consent Misleading advertisement = False claims about products Incitement to terrorism = Content encouraging violent acts</p> Signup and view all the answers

    What allows authors to oppose certain decisions made by film producers?

    <p>Moral rights</p> Signup and view all the answers

    The Digital Services Act regulates how digital platforms should operate online.

    <p>True</p> Signup and view all the answers

    What can a claim for integrity right infringement address?

    <p>Moral rights violation</p> Signup and view all the answers

    What does originality refer to in the context of copyright law?

    <p>The author's own intellectual creation</p> Signup and view all the answers

    AI-generated works are automatically considered public domain due to the lack of human authorship.

    <p>True</p> Signup and view all the answers

    Name two parties that could potentially claim authorship of AI-generated works.

    <p>Programmer and user</p> Signup and view all the answers

    According to the case study Naruto v. Slater, a monkey's selfie could not be copyrighted because copyright law requires __________ authorship.

    <p>human</p> Signup and view all the answers

    Match the principles of copyright law with their corresponding descriptions:

    <p>Utilitarianism = Incentivizes creativity for societal benefit Locke’s Labor Theory = Ownership arises from human effort Personality Rights = Creation reflects an individual’s personality Originality = The author's own intellectual creation</p> Signup and view all the answers

    Which of the following is a technological driver that has transformed music access and consumption?

    <p>Streaming platforms</p> Signup and view all the answers

    Joint authorship is common among programmers and users of AI-generated works.

    <p>False</p> Signup and view all the answers

    What is one major impact of streaming services on the music business?

    <p>Dominance over market share</p> Signup and view all the answers

    What are the two sets of copyrights associated with recorded music?

    <p>Musical composition and sound recording</p> Signup and view all the answers

    Safe harbours are primarily designed to hold platforms responsible for infringements.

    <p>False</p> Signup and view all the answers

    What is the legal term for a fixed performance or sound representation?

    <p>phonogram</p> Signup and view all the answers

    To avoid direct liability, platforms must sign a __________ contract.

    <p>licensing</p> Signup and view all the answers

    Match the core music industries with their focus:

    <p>Recorded Music Industry (RMI) = Recording and distribution of music to consumers Music Licensing Industry (MLI) = Licensing compositions and arrangements to businesses Live Music Industry (LMI) = Producing and promoting live entertainment such as concerts</p> Signup and view all the answers

    What is one of the challenges presented by AI fueled copyright enforcement systems?

    <p>They can be difficult to understand fully</p> Signup and view all the answers

    The copyright for a sound recording lasts for 70 years after the author's death.

    <p>True</p> Signup and view all the answers

    What must a platform do immediately when there is a copyright claim?

    <p>Take down the content</p> Signup and view all the answers

    Which statement reflects the approach taken by France towards Freedom of Panorama (FOP)?

    <p>Permits certain reproductions but imposes strict limitations.</p> Signup and view all the answers

    Moral rights protect authorship and integrity of a work regardless of the economic rights.

    <p>True</p> Signup and view all the answers

    What was the primary reason the court ruled in favor of the retailer in the case Radford v. Hallensteins Bros Ltd?

    <p>Public interest</p> Signup and view all the answers

    The Berne Convention Article 6bis protects the moral right of __________, which ensures authors are properly identified.

    <p>attribution</p> Signup and view all the answers

    Match the following case studies with their outcomes:

    <p>Radford v. Hallensteins Bros Ltd = Ruling favored public interest Buren et Drevet v. Lyon = Court ruled against artists' claims Calatrava's ZubiZuri Bridge = Artist compensated for moral rights violation Snow v. Eaton Centre Ltd = Alteration violated integrity rights</p> Signup and view all the answers

    What type of protection does the Freedom of Panorama (FOP) grant?

    <p>Allow reproduction of public buildings and some artworks.</p> Signup and view all the answers

    The case of Berlin Hauptbahnhof affirmed the integrity rights of architects.

    <p>True</p> Signup and view all the answers

    In which country did the Wangjing SOHO Project take place, which highlighted gaps in architectural copyright enforcement?

    <p>China</p> Signup and view all the answers

    Which of the following authors are recognized in civil law countries for film authorship?

    <p>Scriptwriter</p> Signup and view all the answers

    In the UK, the producer alone is considered the joint author of a film under Section 9(2)(ab) of the CDPA.

    <p>False</p> Signup and view all the answers

    A film production company typically holds all rights related to the film and is responsible for __________.

    <p>licensing</p> Signup and view all the answers

    Match the following types of rights with their protections:

    <p>Copyright = Creative Contributions Related Rights = Organizational Contributions License = Commercial Exploitation Trademark = Brand Recognition</p> Signup and view all the answers

    Which of the following is NOT considered a phase in recorded productions?

    <p>Execution</p> Signup and view all the answers

    What is one major issue explored regarding AI-generated works?

    <p>Authorship and qualification under copyright laws</p> Signup and view all the answers

    Distribution agreements typically have a standard deal to follow for all producers.

    <p>False</p> Signup and view all the answers

    Trademarks only serve to identify the origin of products.

    <p>False</p> Signup and view all the answers

    Name one requirement for a trademark to be accepted.

    <p>Distinctiveness</p> Signup and view all the answers

    Match the function of trademarks with their descriptions:

    <p>Quality = Guarantees the quality of goods or services Communication = Delivers a message about the brand Investment = Supports brand value and recognition Advertising = Promotes the brand to consumers</p> Signup and view all the answers

    Which of the following factors is NOT considered when assessing the likelihood of confusion between trademarks?

    <p>Marketing strategies</p> Signup and view all the answers

    What is the duration of a trademark's protection?

    <p>10 years, renewable</p> Signup and view all the answers

    Trademarks are assessed based solely on phonetic similarity.

    <p>False</p> Signup and view all the answers

    Study Notes

    IP Law Intro Lecture - Summary

    • Strategic Management of IP is not just legal protection; it's about protecting valuable intangible assets and creating value from them. IP law provides tools for exclusion and inclusion.
    • Key learning objectives include awareness of IP's role in supporting the creative industries, identifying legal issues, and integrating legal tools into business strategies.

    Trademark Law

    • A trademark is a sign that distinguishes goods or services of one enterprise from those of others.
    • Conventional trademarks can include words, figurative designs, composite marks, 3D shapes, colors, and sounds. Examples include the Harley-Davidson sound, Toblerone shape, or the Telecomm orange color.
    • Trademarks generally allow exclusive rights to control the use of a mark, and if necessary, can request compensation.
    • The increasing use of IP is evident in contemporary business strategies.
    • There are varying functions of trademarks including source identification, quality assurance, legal protection, adding value, and reinforcing reputation.
    • Trademark distinctiveness is assessed by considering visual, phonetic, and conceptual similarity, as well as taking into account the similarity of the goods.
    • Trademark protection is generally for 10 years, renewable indefinitely as long as the mark remains in use.

    Intellectual Property Landscape

    • Aesthetic creations, trade names, marks, signs, industrial inventions, and design rights are part of the intellectual property landscape are important for cultural and creative industries to use content.
    • Trademarks signal the origin of products to consumers.
    • Designs specify the aesthetic look of a product.
    • Copyright relates to creative works (books, music, paintings, etc.).
    • Patents protect technical inventions across various fields.
    • Other IP rights include geographical indications, database rights, trade secrets, and the notion of the public domain, all excluded from IP protections.

    IP Law Protection for Expired Works

    • Ideas expressed for works that fall into the public domain (e.g., stories, historical references) are protected only in expression, not the underlying idea itself.
    • Patents and copyrights that have expired are no longer protected from misuse or infringement.

    What is a Trademark?

    • A registered intellectual property right (an exclusive right for a particular sign), but not over the underlying/created concept/idea alone.
    • A sign (logo, name, graphic, etc.) capable of distinguishing one business's services or goods from other businesses'.

    Functions of Trademarks

    • Distinguish the origin and/or source of goods/services to consumers.
    • To build trust in the quality of goods/services offered.
    • Function as an advertising and marketing tool that adds value and enhances reputation.

    Assessing Likelihood of Confusion

    • Trademarks are considered as a whole when evaluating similarity.
    • For confusion, consumer/general public perception of similarities should be considered.
    • Three key criteria are used: conceptual, visual, and phonetic similarity.
    • Similarity of goods is also relevant, considering product nature, distribution channels, and usual origin points.

    Duration of Trademarks

    • Generally protected for 10 years, renewable indefinitely as long as the trademark remains in use.

    Design Rights

    • Registered IP rights protecting the appearance of products (e.g., lines, contours, shape, color, texture).
    • Registered design rights are protected for around 5 years, renewable 5 times for a maximum of 25 years of total protection.
    • Copyright is granted to authors for creative works for a set period (e.g. author's life + 70 years).
    • The purpose of copyright is to protect the author's expressions and ideas through written or recorded works, but specifically excludes underlying concepts or ideas.
    • Copyright can be granted to both natural and legal persons depending on the jurisdiction.
    • Exceptions vary by country; there are exceptions for uses such as architecture or sculpture permanently positioned in public places.
    • Copyright protects the specific creative expressions, but not the underlying concept/idea.
    • It's granted automatically in most jurisdictions (no registration needed), but with exceptions, such as in the U.S.
    • The scope of copyright covers protectable inventions, marks, and creations but expressly excludes aspects of use, exceptions, limitations, and protections of those other works.

    Platform Law

    • Platforms are intermediaries, holding a responsibility, due to their size and influence, to ensure the correct use of their services.
    • Platforms can be held accountable in cases of copyright infringement. The rules of liability regarding such infringement are different in Europe compared to the U.S.

    Open Issues in IP

    • Balancing user access and rights with creator's interests.
    • Determining sufficient compensation and liability for platforms.
    • Managing complexity arising from various technologies and user behavior.
    • Both the musical composition and sound recording are protected by distinct copyrights.
    • Duration of protection and what constitutes “original” varies widely across jurisdictions and legal interpretations.

    Protection Criteria

    • No originality criterion for performances, sound recordings, cinematographic works, broadcasting.
    • Fixation criterion is applicable to sound recordings, cinematography, and broadcasting in most cases.
    • These rights protect creators of works (performances, recordings, films, broadcasts), distinct from primary copyright holders.
    • Rights typically belong to related creators/producers with varying protection terms, depending on the jurisdiction.
    • Treaties like the Berne Convention and TRIPS provide minimum protections.
    • National laws have varying interpretations and applications, some significantly stricter than others.

    Public Domain

    • Public domain works are free of copyright once the protection period ends.
    • This allows new uses, reproductions, and creations; but new creations based on public domain works can sometimes be protected by copyright.

    Trademark in Fashion

    • Trademarks are essential for establishing identity.
    • Trademarks vary in strength, from distinctive to potentially needing secondary meanings to secure protection.
    • Determining authorship in public art, and balancing it with legal and public interest is very complex and varies significantly among different countries.
    • Originality is sometimes difficult to establish, especially with temporary or changing public art.
    • Establishing originality, especially with dematerialized or digital modifications, is complex in modern artistic expressions.
    • Protections for artists when their work is used without permission or proper attribution are crucial.
    • Curator's copyright rights remain less well defined and depend greatly on the circumstances of each work or exhibition, as well as each jurisdiction's interpretation of those laws.
    • Curatorial rights depend significantly on how the works are made visible and accessible to the public.
    • Issues concerning copyright in digital or digital reproductions of art and/or artifacts remain a challenge for creators and legal systems, due to the unique nature of digital artifacts and ephemeral art/works.
    • Copyright protection for temporary, interactive, or evolving artistic creations or artifacts in digital form is often complex and debated.

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    Explore the fundamentals of Intellectual Property Law, including trademark law, the strategic management of IP, and its role in the creative industries. This quiz covers key concepts, legal issues, and the integration of IP tools into business strategies. Test your understanding of how IP can create value through protection and exclusivity.

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