1. SECTION 101 OF THE PATENT LAW Describes what is patentable subject matter: "Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefore, subject to the conditions and requirements of this title."

2. Brandir Test If the design elements reflect a merger of aesthetic and functional considerations not separate But if the design elements reflect the designer's artistic judgment exercised independently of functional influences separability

4. THE CONSTITUTIONAL LANGUAGE Article 1 section 8 cl. 8 "... Congress shall have Power... to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries."

5. Chakrabarty Patent Examiner Grounds for Denial 1) Product of Nature 2) Living Creature

6. Patent Act Section 112 ¶1. The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains or with which it is most nearly connected, to make and use the same, and shall set for the best mode contemplated by the inventor of carrying out his invention.

7. SECTION 112 OF THE PATENT STATUTE ¶1. The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains or with which it is most nearly connected, to make and use the same, and shall set for the best mode contemplated by the inventor of carrying out his invention. ¶2. The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.

8. THE ORIGINAL WRITTEN DESCRIPTION: A sectional sofa segment with a pair of reclining seat sections built into it with a console that accommodates the controls. The push button controls may be mounted on the top or sides. ONE OF THE CLAIMS INVALIDATED BY THE COURT: A sectional sofa comprising a pair of reclining seats, a fixed console, and a pair of control means mounted on the double reclining sofa seat section.

9. NOVELTY §102(a) The invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention thereof by the applicant for patent...

10. NOVELTY §102(a) The invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention thereof by the applicant for patent. §102(b) The invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of the application for patent in the United States.

11. Fact Variation: Hall The dissertation is published on January 1 Hall makes his discovery on February 1 Hall files for a patent on March 1

12. Larami [a] toy comprising an elongated housing having a chamber therein for a liquid, a pump including a piston having an exposed rod and extending rearwardly of said toy facilitating manual operation for building up a appreciable amount of pressure in said chamber for ejecting a stream of liquid therefrom an appreciable distance substantially forwardly of said toy, and means for controlling the ejection.

13. Copyright Statute Original works of authorship fixed in any tangible means of expression

14. Infringement ownership of a valid copyright copying of elements that are original

15. Copyright Act Section 101 You do not get copyright protection for the design of a useful article: unless the "design incorporates pictorial, graphic or sculptural features that can be identified separately from, and are capable of existing independently of the utilitarian aspects of the article."

16. 1976 Copyright Act: Who is the Author? The person who actually translates the idea into A fixed, tangible medium of expression

17. Section 101 Defines Collective Work as: "a work such as a periodical issue, anthology, or encyclopedia, in which a number of contributions, constituting separate and independent works in themselves are assembled into a collective whole."

18. 1976 Copyright Act Defines Work for Hire 1) a work prepared by an employee within the scope of his or her employment or her employmentor 2) a work specially ordered or commissioned for use as a contribution to a collective work, as a translation, as a part contribution to a collective work, as a translation, as a part of a motion picture or other audio-visual work, as a of a motion picture or other audio-visual work, as a translation, as a supplementary work, as a compilation, as translation, as a supplementary work, as a compilation, as an instructional text, as a test, as answer material for a an instructional text, as a test, as answer material for a test, or as an atlas, if the parties expressly agree in a test, or as an atlas, if the parties expressly agree in a written instrument signed by them that the work shall be written instrument signed by them that the work shall be considered a work made for hire. considered a work made for hire.

19. Possible Tests The right to control the product Exercising actual control of the product formal salary situation common-law agency definition of employee

20. Commonlaw Agency Factors Hiring party's right to control the manner and means of the project The skill level required The source of the tools used The location of the work The duration of the relationship Whether the hiring party has the right to assign other projects The extent of the hiring party's discretion over work hours (when; how long) The method of payment (by the project v. by the hour) The method of payment (by the project v. by the hour) Whether the hiring party has a role in hiring and paying subs or assistants Whether the hiring party is in the regular business of Whatever the project is Provision of employee benefits; and tax treatment

21. POSSIBLE THEORETICAL BASES Intent/Expectations of the Parties Entity as Ubercreator

22. Section 109(c) the owner of a particular copy of a work Has the right to show it to viewers present at the place where the copy is located

23. Displayed v. Performed DISPLAYEDPaintingsSculpturesPhotographs Physical copies of books Etc. [single frames from movies and video games] PERFORMEDPlaysDances Movies, etc. [Slide shows Book readings]

24. Copyright Act Section 107 No infringement for fair use for “[t]he fair use of a copyrighted work... for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship or research is not an infringement of copyright. In determining whether the use made of the work in any particular case is a fair use the factors to consider shall include --

25. Fair Use Factors Include 1. purpose and character of the use (including whether it is commercial or for nonprofit educational purposes it is commercial or for nonprofit educational purposes 2. nature of the copyrighted work 3. amount and substantiality of the portion used in relation to the copyrighted work as a whole 4. effect upon the potential market for or value of

26. Harper & Row The author's implied consent to a reasonable and customary usewhen he released the work for public consumption.

27. Sega – 1 st Factor “With respect to the first statutory factor, we observe initially that the fact that copying is for a commercial purpose weighs against a finding of fair use. However, the presumption of unfairness that arises in such cases can be rebutted by the characteristics of a particular commercial use.”

28. Campbell v. Acuff-Rose 1 st Factor [Concerning the first factor] The central purpose of this investigation is to see... whether the new work merely “supersedes the objects” of the original creation... in other words, whether and to what extent the new work is “transformative.”... And the more transformative the new work, the less will be the significance of other factors, like commercialism.” [Concerning the first factor] The central purpose of this investigation is to see... whether the new work merely “supersedes the objects” of the original creation... in other words, whether and to what extent the new work is “transformative.”... And the more transformative the new work, the less will be the significance of other factors, like commercialism.”... The language of the statute makes clear that the commercial or non profit educational purpose of a work is only one element of the first factor inquiry.

29. Contributory Infringement Elements 1) Knowledge Do you know or have reason to know Do you know or have reason to know 2) Materiality are you making a material contribution to the infringing conduct

30. Vicarious Liability Elements 1) Defendant has the right and ability to control and 2) Defendant benefits financially from failing to control

31. Grokster Case GroksterStreamCast Kazaa softwareMorpheus software FastTrack basedGnutella based