Copyright, Trademarks , Patents, and Violations Including Piracy

Topics: Copyright, Trademark, Intellectual property Pages: 13 (4279 words) Published: April 15, 2011


Intellectual property is to understand that all great expressions and products have an origin. A work of music, art, writing, film, or computer software belongs to its creators. Your creative expressions and inventions have a lot of value and must be protected however; your ideas are not considered intellectual property. Anyone who tries to copy or "borrow" your work without permission is profiting from your hard work – your intellectual property – without any credit to you.

Intellectual property is divided into two groupings: Industrial property (patents, trademarks, industrial designs, and geographic indications of source) and Copyright (literary and artistic works) / Rights related to copyright (performing artists, producers, and broadcasters).

● a copyright is the exclusive right to distribute, display, perform, or reproduce an original work in copies or to prepare derivative works based on the work. ● It refers to laws that regulate the use of the work of a creator, such as an artist or author. ● It grants ownership of an intellectual property within the limits prescribed by a particular nation's law.

What Copyright Law Covers

Copyright law protects "original works of authorship" which include literary works such as short fiction, short stories, novels, nonfiction articles, poetry, newspaper articles, newspapers, magazine articles, magazines, computer software, software manuals, text advertisements, manuals, catalogs, brochures, and compilations of information, such as databases. Other categories of protected works include dramatic works, motion pictures, other audiovisual works, and sound recordings. Copyright law, however, does not protect ideas, facts, inventions, processes, systems of operations, words, names, symbols or proprietary information, although it may protect the way these things are expressed.

How Do You Get Copyright Protection for Your Work?

The original author of a work owns the copyright to that work, he/she can also grant the exclusive rights to others. Copyright protection arises automatically, without any action taken by the author, the moment the work is fixed in a tangible form so that it is perceptible either directly or with the aid of a machine or device. An example for this is when a short-story writer writes it down or types it into the computer, it already becomes fixed. The work must be "original" and not based upon someone else's work. The fact that the short story may be similar to many other stories does not mean it is not "original" for copyright purposes, so long as the author did not copy the story from another source.

Works that published before March 1, 1989, a formal copyright notice was required to be placed on the work in order to receive copyright law protections. That is no longer needed. For works published after March 1, 1989, no copyright notice needs be placed on the work in order for full copyright protection to apply. However, an author should always place the following notice on his or her work: Copyright © 1997 by Author's Name. All Rights Reserved. The reason for this advice is purely practical; This notice warns people who view the work that the author takes copyright issues seriously and may have a deterrent effect upon those who will infringe, especially those who are unfamiliar with the complexity of copyright law. Furthermore, if the work carries a proper notice, in the event of a subsequent infringement lawsuit the defendant will be unable to claim "innocent infringement"--that is, that he or she did not realize that the work was protected. (A successful innocent infringement defense may allow the defendant to pay less in damages than the copyright owner would otherwise receive if the infringement was found to be unintentional).

"Publication" has a technical meaning in copyright law. According to the...
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