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MIT – Introduction to Copyright Law

MIT 6.912 Introduction to Copyright Law

Topics Covered: Introduction; Basics of Legal Research; Legal Citations

Instructor: Keith Winstein

Instructor: Keith Winstein

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Introduction to Copyright Law: Class Notes

US Constitution: Article 1 Section 8 (Intellectual Property Clause)
The 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;

The Sunny Bono Copyright Term Extension Act
In 1998, congress retroactively extended the lenght of time an individuals work can be copyrighted. The time was extended to 70 years after the date of the persons death.

Intellectual Property Is:
Deny the Use
Right to Benefit

Property is a set of rights that the government will protect.

Eminate Domain:
The government can take your property(land) for public use, but must compensate you.

A copyright, obviously is not physical.

Mutual benefits to persons that may wish to use(purchase) my property.

Exclusion: Write to deny the use of your property from certain people.

Private Goods:
You are the only one that benefits.
Includes both rivarly and exclusion. (You cannot sale one person only 1 yet offer someone else 100. If someone wishes to just take your property you can exclude them.)

Public Goods
Exclusion but not rivalry. (Cable TV for example. Cable TV can exclude you from recieving HBO, but cannot exclude the number of people that use it).

Common Access Resource
Rivarly but not exclusion. (River, highway).

Pure Public Good:

Not rivarly nor exclusion.
(Free SoftwareClean air, National defense).

Patent – For an invention. Only last for 20 years.

Trade Secret – Proprietory secret for a specific product.

Trademark – Used to avoid confusion in a consumer. A brand, like Disney, or Coca-Cola, or Rated PG-13(owned by the Motion Picture Association).

Right of Publicity:
Protection of an individuals identity in commercial publications.(A public picture can be taken of an individual for a web page, but you would not be able to sale the photo of the person for use on sights like Nikon.(/p)

Orphan Drug Protection
A drug companies right to have exclusve rights to sale a drug for a period of 7 years.

Designation of Origin
America does not use this, but in Europe only a town by the name of Champane could sale a product named Champane.

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