Deck 9: Ownership, Creativity and Innovation: Intellectual Property

Question 1

Discuss how intellectual property is different from other kinds of property.

Answer 1

IP differs from other kinds of property (land,buildings,stocks,consumer goods)in several key ways.While often expensive and time consuming to generate,intellectual property can be quickly and easily copied.Unlike tangible items whose use has physical limitations-only one person can drive a car at a time;a pie can be divided into only so many slices-the number of persons who can use any one item of intellectual property is boundless.

Question 2

Using patents to claim rights to plant-derived substances is a huge business.Discuss the legal position that discoverers are allowed to patent (and own exclusive rights to manufacture)isolated plant materials if altered in some format in order to produce medicines.

Answer 2

No Answer

Question 3

Give a brief description of the evolution of U.S.Copyright laws using approximate dates.

Answer 3

1790 saw the first copyright law protecting maps,charts,and books for a 14-year term.In 1831,the Copyright Act amended to expand protection to musical compositions.In 1909,a compulsory licensing scheme and a royalty rate were created for "phonorecords." In 1912 came the Copyright Act,amended to expand protection to motion pictures.In 1914 the ASCAP (American Society for Composers and Publishers)was formed.In 1971,the Copyright Act was amended to extend limited protection to recordings.In 1976,major revisions were made to U.S.copyright law,making protection extend to all creations "fixed in tangible medium of expression"-including radio and television.In 1984,the Supreme Court ruled in the Sony v.Betamax case that the use of VCRs by home viewers to "time-shift" television shows is a "fair use." In 1994,the United States signed international treaty,Trade-Related Aspects of Intellectual Property (TRIPS);also,Congress created penalties for bootlegging audio recordings of live performances and music videos.In 1995,the Digital Rights in Sound Recordings Act gave exclusive rights to holders of sound recordings to public play of digital versions.In 1998,the Digital Millennium Copyright Act (DMCA)banned technologies that facilitate infringement;also,the Copyright Term Extension Act (CTEA)(also known as the Sonny Bono Act)extended the period protecting all copyrights from 20 years to the author's life plus 70 years,longer if holder is a corporation.In 2002,the Sonny Bono Act extended copyright term to last 70 years beyond the author's life,or 100 years in the case of copyrights on "works made for hire" and owned by companies.

Question 4

The difference between the Project Gutenberg (PG)and the Google book scanning project is:

A)The PG limits itself to the "classics"
B)The PG limits itself to only works in the public domain
C)Google only digitizes full documents but the PG digitizes key segments
D)The PG limits itself to "orphan" works - those with hard-to-find authors or owners.

Question 5

Debora Halbert asserts in her essay that:

A)women have benefited greatly from intellectual property laws.
B)intellectual property has historically benefited men more than women.
C)in the nineteenth century,writing poetry and novels enabled women to not only express themselves intellectually but to reap financial rewards as well.
D)when women knitted or quilted,they were reluctant to share their patterns with other women.

Question 6

Discuss the United Nations draft document on Human Rights,Human Dignity and the Information Society,especially the provisions that technology must not be used to censor speech against a government;that governments should regulate ownership of intellectual property to ensure that ownership is not overly concentrated among a few entities;and that government agreements related to protecting intellectual property should not take precedence over the use of information for education.

Question 7

Discuss the Fair Use Doctrine - what are the four factors used to determine if a use is fair?

Question 8

In a lawsuit for copyright infringement,a defendant can avoid liability by successfully arguing _________,based on the notion that the free flow of ideas sometimes requires quoting or borrowing from a copyrighted work.

A)collective rights
B)misappropriation
C)unlimited use
D)fair use

Question 9

What must a plaintiff prove to establish copyright infringement?

Question 10

Once the copyright on a work has expired,

A)The owner can renew it for a new term
B)The work is in the public domain
C)The work becomes the property of the government
D)The work is considered no longer creative

Question 11

In order to obtain a patent under U.S.Patent Law,an inventor must have an invention that is
I)Not obvious
II)Unique
III)Useful

A)I only
B)I and II
C)I,II and III
D)I,II,III and IV

Question 12

Why was the Digital Millennium Copyright Act passed?

Question 13

Nike's swoosh,McDonald's arches,and the Xerox name are all identifiable trademarks.Which of the following laws protect(s)them?
I)Lanham Trademark Act of 1946
II)Federal Trademark Dilution Act of 1995
III)Sonny Bono Act of 1998

A)I only
B)II only
C)I and II
D)II and III

Question 14

Reverse Engineering would be considered a violation of the Uniform Trade Secret Act.

Question 15

American copyright law creates a bundle of rights for the owner,including the right to reproduce,distribute,perform,display,or adapt the work.

Question 16

If an author owns a copyright to a non-fiction essay,then publishes that essay in an anthology of similar essays published by a major publishing company,the rights involved in this relationship would be referred to as ______.

A)collective work
B)public domain
C)collective bargaining
D)joint domain