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Intellectual Property
| Sonny Bono Copyright Term Extension Act of 1998 |
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| Part of the Berne Convention for the Protection of Literary and Artistic Works of 1886 provided that copyrighted works be protected for the duration of the author's life plus no less than 50 years. The European Union extended the 50 year protection to 70 years in 1993, and the United States did the same on October 28, 1998, with the signing of the Sonny Bono Copyright Term Extension Act (CTEA). CTEA allows works still under copyright in the United States to be granted copyright protection for the duration of the author's life plus 70 years for individual works and corporate works. Works published before January 1, 1978, are protected for up to 95 years. Works-for-hire, anonymous, or pseudonymous works are protected for 95 years after publication or 120 years after creation under CTEA. The Act is named after the now-deceased songwriter and singer Sonny Bono, who had lobbied for copyright extension. CTEA is also known as the "Mickey Mouse Act" because one of the biggest proponents of the bill was the Disney company. CTEA does not retroactively apply to works for which copyright protection had expired as of October 28, 1998. More... |
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| Trademark Priority |
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| In the United States, subject to one exception, trademark rights arise from use in commerce, regardless of whether or not the mark is registered. The first user of a mark generally takes priority over all subsequent users with respect to use of the mark in that market. More... |
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| Distribution Rights |
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| The distribution right grants to the copyright holder the exclusive right to make a work available to the public by sale or other transfer of ownership or by rental, lease, or lending. The owner of a copyright has the right to give away, sell, or withhold any material embodiment of his or her work. In essence, this is the right to control publication of a work because publication without distribution of copies is meaningless. This right allows the copyright holder to prevent the distribution of unauthorized copies of a work. In addition, the right allows the copyright holder to control the first distribution of a particular authorized copy. However, the distribution right is limited by the "first sale doctrine," which states that after the first sale or distribution of a copy, the copyright holder can no longer control what happens to that copy. More... |
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| Patent Law |
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| It has been held by the United States Supreme Court that laws of nature, natural phenomena, and abstract ideas may not be the subject of a patent. The reasoning behind this rule is that laws of nature and abstract ideas are not created; rather, they exist independent of any person and are merely described by the person that discovers them. Included in the types of abstract ideas for which patents may not be obtained are mathematical formulae and algorithms, which are sets of steps or procedures designed to solve a problem.
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| Patents |
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| A patent is a right granted under federal law that allows the patent owner to exclude others from making, using, selling, offering for sale, or importing the subject matter of the patent without the inventor's permission for a period of 20 years from the time of the patent application. An activity involving the patented invention that violates that right is said to infringe the patent, for which the patent owner may bring a lawsuit to collect monetary damages and to stop the infringing activity. There are several defenses to patent infringement. One defense that will completely insulate an alleged infringer from liability is patent misuse. More... |
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