Intellectual Property Lecture 4 Intellectual Property

who is the Electronic Freedom Foundation?

what is the difference between Property & Intellectual Property Intellectual property is any unique product of the human intellect that has commercial value. Examples of intellectual property are books, songs, movies, paintings, inventions, chemical formulas, and computer programs. It is important to distinguish between intellectual property and its physical manifestation in some medium. If a poet composes a new poem, for example, the poem itself is the intellectual property, not the piece of paper on which the poem is printed. In most of the world there is a widely accepted notion that people have the right to own property. Does this right extend to intellectual property as well?

Property Rights Should a person be permitted to own property? Should there be a limit to the amount of property a person can own? Should a person who owns property be allowed to prevent others from using it? Should a government have a right to tax a person on the amount of property they own? Should a government be allowed to redistribute property among its citizens? Should a person be permitted to sell their property to another? If so, should a government be permitted to charge a tax for the exchange? Should a person be permitted to give their property to another without penalty or tax? What should be done with the property of a person who dies? Should a corporation be permitted to own property?

Intellectual Property Rights Should a person be permitted to own intellectual property? Should there be a limit to the amount of intellectual property a person can own? Should a person who owns intellectural property be allowed to prevent others from using it? Should a government have a right to tax a person on the amount of intellectual property they own? Should a government be allowed to redistribute intellectual property among its citizens? Should a person be permitted to sell their intellectual property to another? If so, should a government be permitted to charge a tax for the exchange? Should a person be permitted to give their intellectual property to another without penalty or tax? What should be done with the intellectual property of a person who dies? Should a corporation be permitted to own intellectual property?

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Protecting Intellectual Property Trade Secrets Patents Copyrights Trademarks & Service Marks

Fair Use - Section 107 of the Copyright Act 1. What is the purpose and character of the use? An educational use is more likely to be permissible than a commercial use. 2. What is the nature of the work being copied? Use of nonfiction is more likely to be permissible than use of fiction. Published works are preferred over unpublished works. 3. How much of the copyrighted work is being used? Brief excerpts are more likely to be permissible than entire chapters. 4. How will this use affect the market for the copyrighted work? Use of out-of-print material is more likely to be permissible than use of a readily available work. A spontaneously chosen selection is better than an assigned reading in the course syllabus. 5. Is the Work being "published"?

Fair Use

Fair Use

Google Books 1. Readers in the United States would have much easier access to millions of copyrighted books, includingmillions of books that are out-of-print, by allowing readers to search through them and preview them online. 2. The market for copyrighted books in the United States would grow by offering Google Books users the opportunity to purchase online access to them. 3. People would gain online access to out-of-print books at designated computers in U.S. public libraries and university libraries. 4. U.S. colleges and universities would have the opportunity to purchase subscriptions that would enable their students to gain online access to the collections of some of the world’s greatest libraries. 5. Authors and publishers would receive payments earned from the online access of their books, fees paid when people printed pages from their books, and advertising revenues. As part of the settlement, Google agreed to pay $125 million to resolve legal claims made by authors and publishers, cover their legal fees, and establish the Book Rights Registry. By registering their works with the Book Rights Registry, copyright holders would be able to receive payments received from institutional subscriptions, book sales, and advertising revenues.