Copyright Corner!!!
What does copyright protect? (Name at leas 3)
books, computer programs, plays, music, sculptures, motion pictures, etc.
What does a patent protect?
Machines, medicines, cell lines, processes and manufactured items
What does a trademark protect? (name at least 2)
words, names, symbols, or devices used by merchants to distinguish goods or services
The rule of capture defines possession as?
Bonus: What problem arises out of rule of capture?
First to reduce unowned property to control
Bonus: Tragedy of the Commons
What are the rights known as (1) lateral support and (2) subjacent support?
Subsurface rights
(1) right to support from the side
(2) right to support from below
What does a copyright owner have the right to do? (name at least 3 rights)
Prevent others from (1) reproducing the work, (2) creating derivative works, (3) distributing copies to the public, (4) publicly performing the work, and (5) publicly displaying the work.
BONUS: exclude, transfer, destroy
20 years from the date the application is filed
Bonus: Who do you file the patent with?
What is trademark dilution?
defendant's use diminishes the mark's capacity to identify and distinguish plaintiff's product
Bonus: what are the exceptions?
What is property called when it is intentionally placed somewhere and then forgotten? Who owns the property?
Mislaid property. Finder has privilege of ownership over all others EXCEPT true owner.
Name the three types of waste.
Bonus: Give an example of each.
(1) Voluntary / Affirmative
(2) Permissive
(3) Ameliorative
What is the term of protection for copyright?
Author's life + 70 years
Bonus: Can you name the act?
Name the two types of patent infringement.
(2) Doctrine of Equivalents
What are the elements required for Trademark?
(1) Distinctiveness
(2) Non-functionality
(3) First use in trade
Name the requirements for a inter vivos gift and a gift causa mortis. What is the difference?
(1) Donative Intent
(2) Acceptance
(3) Delivery
(4) Made in anticipation of imminent death
Inter vivos gift is non-revocableGift Causa Mortis is revocable
Name the three types of water law systems for surface water.
Bonus: where in the US are the different systems are used?
(1) Riparian System (East)
(2) Prior Appropriation (West)
(3) Permit System
Name the 3 requirements for a valid copyright.
1. Originality
2. Work of Authorship
3. Fixation
What are the elements to obtain a patent?
(1) Subject matter is patentable
(2) Utility
(3) Novelty
(4) Non-obviousness
(5) Enablement
What must a plaintiff prove for trademark infringement?
(1) holds a valid and enforceable trademark
(2) defendant used the mark in connection with goods/services that is likely to cause confusion or deceive consumers
Name the elements of Private Nuisance.
(1) Intentional
(2) Non-trespassory
(3) Unreasonable
(4) Substantial interference
(5) Use and enjoyment of land
Name at least 3 rights or regulations that co-tenants have.
(1) Access
(2) Pro-rata income
(3) Pro-rata expenses
(4) No AP unless there is an ouster
(4) No right to contribution for ‘improvements’ during the life of the co-tenancy
(5) Improver gets the value of her unilateral improvements at partition - any drop in value that she caused
(6) Cannot commit waste
What must a plaintiff prove to establish a copyright infringement claim?
(1) the plaintiff owns a valid copyright
(2) defendant actually copied the plaintiff's work and
(3) an ordinary observer would conclude that the defendant's work was substantially similar to the plaintiff's work
How do you prove a Doctrine of Equivalents claim?
product
(1) performs substantially the same overall function or work in
(2) substantially the same way, to
(3) obtain substantially the same overall results
Name the 4 types of marks from strongest to weakest.
a. Arbitrary/Fanciful
b. Suggestive
c. Descriptive
d. Generic
Name the standards of care for the following types of bailments:
(1) Mutual Benefit
(2) Bailor Only
(3) Bailee Only
(1) Ordinary Care
(2) Avoid Gross Negligence
(3) Avoid Slight Negligence
What are the four unities needed to create a joint tenancy?
(1) Time = same time
(2) Title = same instrument
(3) Same Shares = equal in size and duration
(4) Equal right to possess, use, and enjoy whole property