1.
Exclusive rights to copyright holder
To produce copies or reproductions AND to sell those
To import or export the work
To create derivative works
To perform or display the work publicly
To sell or cede the rights to others
To transmit or display by radio or video
( derivative works = sequels, prequels, and spin offs (that use established characters/places), etc. )
( 衍生作品=续集、前传和衍生作品(使用既定角色/地点)等 )
2.
Public Domain
The term “public domain” refers to creative materials that are not protected by intellectual property laws such as copyright, trademark, or patent laws.
The public owns these works, not an individual author or artist. Anyone can use a public domain work without obtaining permission, but no one can ever own it.
3.
In order to be copyrighted
original work
placed in a tengible form
Non-functional / Creative
(tangible = touchable / seeable / physical )
4.
Duration
In the US, all work published before 1925 are now in the public domain.
All works before 1977 have a copyright of 95 years.
All works from 1977 on: Life of the author + 70 Years.
Corporate copyrights last 95 years from the date of creation.
5.
Fair use
Permits limited use of copyrighted material without permission of the copyright holder.
4 factors
(1) The purpose of or character of the use. (Commercial? Educational? Non-profit?)
(2) Nature of the copyrighted work. (Factual? Creative? )
(3) The amount of the work that is used. (Subjective... 10%? 20%?)
(4) The effect of the use of the work on the potential market for that work.
6.
Independent Creation
Independent creation occurs when two people independently create the same or substantially similar work.
Independent creation is a valid defense to a claim of copyright infringement.
Defense against copyright infringement
Plaintiff has to show prior exposure
7.
Satire vs. Parody
By definition, a parody is a comedic commentary about a work, that requires an imitation of the work.
Satire, on the other hand, even when it uses a creative work as the vehicle for the message,
offers commentary and criticism about the world, not that specific creative work.
8.
trade secret (is something of value that isn't known to the general public)
NO LEGAL PROTECTION!!!
Strongest form of IP protection... Except when it is no longer a secret...
Never expires
Reverse Engineering...
Coca cola's formula...