Intellectual Property

Question 1

What is intellectual property

Answer 1

The name given to creative works, inventions and

commercial goodwill

Question 2

What intellectual property includes?

Answer 2

• ideas, books, music, algorithm, designs, logos, software

Question 3

Intellectual Property has value

Answer 3

• IP is intangible
• Subject to theft and abuse
• can be stolen by copying it
• law for dealing with IP is different from the law for physical property
• Intellectual property office, ipo.gov.uk

Question 4

What are the intellectual property rights

Answer 4

• Copyrights, protects literary & creative works
• Patent, protects inventions
• Trade mark, protects product names, logos
• Confidence, protects confidential information, such as an idea for a film
• Design rights, protects new and original design

Question 5

Describe what copyright is

Answer 5

Copyright is the right to copy a piece of work

• To qualify, a work should be regarded as original, and exhibit a degree of labour, skill or judgement
• Work that expresses an idea may be protected, but not the idea behind it

Question 6

Describe what plagiarism is

Answer 6

• Plagiarism means copying someone else’s work and
  presenting it as your own
• Similar to copyright but not the same thing
• Plagiarism is an ethical issue whereas copyright is a
  legal issue
• There are lots of software tools to detect plagiarism

Question 7

What is the scope of copyright

Answer 7

• Literary works, song lyrics, manuals, newsletters
• Dramatics works, plays dance
• musical works, recording and scores
• artistic works, photography, painting
• Films, broadcasts and cable programmes
• Software, computer programs, code, web apges

Question 8

Copyright Legislation UK

Answer 8

• Copyright, Design and Patents Act, 1988
• Amended: Copyright (Computer Programs)
  Regulations 1992 (extended the rules covering literary works to include computer
  programs)
• Amended: Copyright and Rights in Databases
  Regulations, 1997
• Amended: Copyright and Related Rights
  Regulations, 2003

Question 9

Rights of Copyright Owner

Answer 9

• Give copies of your work to the public (free or not)
• Give permission to adapt a work
• Make variations or derivatives of a work
• Permission is generally implicit rather than explicit
• Years beyond author’s death 70 literary, 50 radio, 0 films, 125 crown

Question 10

Define what Moral rights are

Answer 10

such as the right to object to the derogatory treatment of your work. Cannot be sold or transferred but can be waived

Question 11

Define Performers’ rights

Answer 11

confers various rights in their performances and in the recordings/broadcasts of their performances

Question 12

Define Publication right

Answer 12

equivalent to copyright if you publish for the first time a literary, dramatic, musical, film or artistic work in which copyright has expired

Question 13

Define Database right

Answer 13

in addition to or instead of copyright protection; intended to protect and reward investment in the creation and arrangement of databases

Question 14

Define Conditional access technology

Answer 14

generally refers to technical measures, such as smart cards or other decoders, which allow you to view or listen to encrypted broadcasts

Question 15

Copy protection devices

Answer 15

for example, digital watermarks used to protect material in digital form –it’s an infringement to bypass these mechanisms

Question 16

What is fair dealing and its exceptions

Answer 16

is a legal term used to establish whether a use of copyright material is lawful or whether it infringes copyright – decided on a case by case basis.

• research
• criticism
• caricature
• teaching
• libraries

Question 17

What is fair use and its factors

Answer 17

In the United States, copyright rights are limited by the doctrine of “fair use.”

Fair use can only be determined in a court of law

• purpose and character of the use
• non-profit educational
• nature of the copyright

Question 18

What is Primary Infringement

Answer 18

A breach of the exclusive rights of the owner

Results in civil prosecutions
- owner claims for damages or
injunction to refrain

Question 19

what is Secondary Infringement

Answer 19

Breach of rights in a commercial/business context
– e.g.
using pirated software for commercial purposes
Results in criminal prosecution

Question 20

Digital Millennium Copyright Act

DMCA

Answer 20

• DMCA contains the Online Copyright Infringement Liability Limitation Act (OCILLA), creates ansafe harbour
  for online service providers (OSPs) against copyright infringement liability, provided they meet specific requirements.
• OSPs must immediately block access to or remove alleged infringing material when they receive notification of an infringement claim from a copyright holder.
• DMCA also criminalises production & dissemination of technology, devices, or services intended to circumvent DRM.

Question 21

EU Electronic Commerce Directive 2000

Answer 21

• ‘Notice and Takedown’ of copyright material on the Internet in Europe is covered by European Directive on Electronic Commerce(EDEC) (which also deals with electronic contracts, spam, and other ecommerce)
• no liability for service providers that are “mere conduits” of information or are simply engaging in caching

Question 22

Digital Single Market Copyright Directive (2016)

Answer 22

• Offers better choice and access to content online and across borders
• Improves copyright rules on research, education and inclusion of disabled people
• Provides a fairer and sustainable marketplace for content creators and press

Question 23

How are Software and Copyright protected?

Answer 23

In most countries, computer programs are protected
by copyright as literary works
- Literal:source and object code – usually regarded as subject to copyright
- Non-literal: effect of the code

Question 24

What is Tailor

-made (commissioned) software

Answer 24

first legal owner of copyright is the person or
organization that created the work

customer usually gets copyright BUT
–There may be proprietary elements for which
developer retains copyright
–There may be open-source elements

Question 25

Copyright generally goes to the author?

Answer 25

Yes, unless: - the author has produced the product as an employee - The author is a contractor - There is formal agreement assigning copyright to a third part

Question 26

What are the rights of others (software copyright)?

Answer 26

- No rights to prevent use or publication of identical work provided it can be demonstrated it is not copied - Legal to keep one copy of software for backup purposes

Question 27

Describe creative commons

Answer 27

- Owner can specify what others can do with work | - CC licenses allow copyright owners to share their work while keeping copyright

Question 28

What are the type of licenses under the creative commons

Answer 28

- Attribution: cab be copied, modified, displayed if the owner is credited - non-commercial: can be copied, modified but not profit can be made from it - No derivative works, can be copied, distributed but cannot be modified - Share-alike: can be modified and distributed but must be covered by an identical license

Question 29

What is copyleft

Answer 29

- Copyleft is a general method for making a program (or other work) free and requiring all modified and extended versions of the program to be free as well - Anyone who redistributes copyleft software, with or without changes, must pass along the freedom to further copy and change it.

Question 30

Copyright and Rights in Databases Regulations 1997

Answer 30

- A collection of independent works, data or other materials which are arranged in a systematic or methodical way and are individually accessible by electronic or other means. - Database rights allow creator to prohibit ‘extracts or re - uses all or a substantial part of the contents of the database

Question 31

What is a patent

Answer 31

- Protects new inventions and covers how things work, what they do, how they do it, what they are made of and how they are made - Designed to safeguard an inventor from other people exploiting the invention without permission - Must be obtained - Temporary right (usually 20 years) granted by a state

Question 32

What are the patent requirements

Answer 32

- new - be capable of being made or used in some kind of industry - have an inventive step that is not obvious to someone with knowledge and experience in the subject

Question 33

What the patents requirements cannot be

Answer 33

- theory method, mathematical discovery - artistic work - playing a game, doing business - method of medical treatment

Question 34

What are the types of patents

Answer 34

-Utility patents: new, useful process or article of manufacturer - Design patent: new original and ornamental design for an article of manufacture - Plant patent: Invention or discovery and asexually reproduces any distinct and new variety of plant - Animal patent: Creation of non-naturally occurring animals –commonly referred to as “transgenic” animals

Question 35

What is physical phenomena

Answer 35

Patent law classifies physical phenomena as products of nature. Thus, if invention occurs in nature, it is a physical phenomenon and cannot be patented.

Question 36

What is an abstract idea

Answer 36

Abstract ideas are concepts like pure mathematics and algorithms

Question 37

Can be the software patented?

Answer 37

In principle, software cannot be patented, although there are software patents, depends on jurisdiction Although, in the US it can be patented if: - Software is part of patentable device - Software controls a process that has some physical effect

Question 38

What are trade marks

Answer 38

- Trade Marks are registered through the Intellectual Property Office, which maintains database of registered trade marks and their owners - Any sign capable of being represented graphically - Capable of distinguishing goods or services of one company from another - Words, designs, letters, numerals, shape of goods, packaging of goods