Intellectual Property

The intangible creative work (not its physical form) Includes: books, articles, plays, songs, art, movies, software Copyrights – exclusive rights to: – Make copies – Produce derivative works – Distribute copies – Perform the work in public – Display the work in public

Intellectual Property 1 st copyright law – 1790 Exceptions to copyright?? – “first sale” – Fair Use

Fair Use Doctrine 1.What is the purpose and character of the use? 2.What is the nature of the work being copied? 3.How much of the copyrighted work is being used? 4.How will this use affect the market for the copyrighted work?

Significant Cases 1984 – Sony v. Universal Studios (betamax copying) 1994 – “Davy Jones Locker” 1994 – the David LaMacchia case 1997 – the No Electronic Theft Act 1998 – the Digital Millenium Copyright Act (DMCA) Early-mid 1990s cases involving reverse engineering Napster

Software Piracy Countries with lowest & highest rates in 2010: 20% U.S. 93% Georgia 20% Japan 91% Zimbabwe 20% Luxembourg90% Bangladesh 22% New Zealand90% Moldova 24% Australia90% Yemen 24% Austria89% Armenia 25% Sweden88% Venezuela 25% Belgium88% Belarus 25% Finland88% Libya 26% Switzerland88% Azerbaijan

Dollar Amount of Losses from SW Piracy U.S. $9.5 billion China$7.8 billion Russia$2.8 billion India$2.7 billion Brazil$2.6 billion France$2.6 billion Germany$2.1 billion Italy$1.9 billion U.K.$1.8 billion Japan$1.6 billion