Copyright Law Basics
Expert-defined terms from the Professional Certificate in Intellectual Property Law Fundamentals course at London School of Business and Administration. Free to read, free to share, paired with a globally recognised certification pathway.
**Copyright** #
**Copyright**
Concept #
a legal right that gives creators of original works exclusive rights to reproduce, distribute, and display their work for a certain period of time.
Copyright law protects original works of authorship, which can include literary,… #
The owner of a copyright has the exclusive right to reproduce, distribute, and display the copyrighted work publicly, as well as to create derivative works. These exclusive rights last for a certain period of time, after which the work enters the public domain and can be used freely by anyone.
**Copyright Infringement** #
**Copyright Infringement**
Concept #
the unauthorized use or reproduction of a copyrighted work.
Copyright infringement occurs when someone uses or reproduces a copyrighted work… #
This can include copying a copyrighted work, distributing it, displaying it publicly, or creating derivative works based on the copyrighted work. Copyright infringement can result in legal consequences, including damages and injunctions. However, there are some exceptions to copyright infringement, such as fair use, which allows limited use of copyrighted material for certain purposes, such as criticism, commentary, news reporting, teaching, scholarship, or research.
**Digital Millennium Copyright Act (DMCA)** #
**Digital Millennium Copyright Act (DMCA)**
Concept #
a US law that criminalizes the production and dissemination of technology that can circumvent measures taken to protect copyrighted works.
The Digital Millennium Copyright Act (DMCA) is a US law that was enacted in 1998… #
The DMCA makes it illegal to produce or distribute technology that can be used to circumvent measures taken to protect copyrighted works, such as digital rights management (DRM) systems. The DMCA also provides a safe harbor for online service providers, which allows them to avoid liability for copyright infringement if they follow certain procedures, such as removing infringing material from their sites upon notification.
**Fair Use** #
**Fair Use**
Concept #
a legal doctrine that allows limited use of copyrighted material without permission from the copyright owner.
Fair use is a legal doctrine that allows limited use of copyrighted material wit… #
Fair use is determined on a case-by-case basis, and courts consider four factors in determining whether a use is fair: the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion used, and the effect of the use on the market for the original work. Transformative use, which involves using a copyrighted work in a way that adds new meaning or value, is more likely to be considered fair use than non-transformative use.
**Original Works of Authorship** #
**Original Works of Authorship**
Concept #
works that are created by an author and have a minimal degree of creativity.
Original works of authorship are works that are created by an author and have a… #
To be protected by copyright, an original work of authorship must be fixed in a tangible medium of expression, such as a paper or a computer file. Ideas cannot be copyrighted, but the expression of those ideas can be. This is known as the idea-expression dichotomy, which means that copyright only protects the particular way an idea is expressed, not the idea itself.
**Public Domain** #
**Public Domain**
Concept #
works that are not protected by copyright and can be used freely by anyone.
The public domain is the term used to describe works that are not protected by c… #
Works enter the public domain when their copyright expires, or if they were never eligible for copyright protection in the first place. For example, works created by the US federal government are not eligible for copyright protection and are automatically in the public domain.
I hope you find this glossary helpful #
Let me know if you have any questions or need further clarification on any of the terms.
**Patent** #
**Patent**
Concept #
a legal right that gives inventors exclusive rights to make, use, and sell their invention for a certain period of time.
A patent is a legal right that gives inventors exclusive rights to make, use, an… #
In order to be eligible for a patent, an invention must be novel, non-obvious, and useful. The term of a patent is generally 20 years from the date of filing, but maintenance fees must be paid in order to keep the patent in force.
**Patent Application** #
**Patent Application**
Concept #
a formal request to the patent office to grant a patent for an invention.
A patent application is a formal request to the patent office to grant a patent… #
The patent application includes a patent specification, which describes the invention in detail, and patent claims, which define the scope of the invention and what the inventor is claiming exclusive rights to. The patent office will review the patent application and search for prior art, which is any existing knowledge or product that is relevant to the invention. If the patent office determines that the invention is novel, non-obvious, and useful, and that the patent application meets all of the formal requirements, it will grant a patent.
**Patent Examination** #
**Patent Examination**
Concept #
the process by which the patent office reviews a patent application to determine whether the invention is patentable.
Patent examination is the process by which the patent office reviews a patent ap… #
The patent office will search for prior art, which is any existing knowledge or product that is relevant to the invention. If the patent office determines that the invention is novel, non-obvious, and useful, and that the patent application meets all of the formal requirements, it will grant a patent. If the patent office determines that the invention is not patentable, it will issue an office action, which is a written communication explaining the reasons for the rejection. The applicant can then respond to the office action and argue for the patentability of the invention.
**Patent Infringement** #
**Patent Infringement**
Concept #
the unauthorized making, using, or selling of a patented invention.
Patent infringement is the unauthorized making, using, or selling of a patented… #
There are two types of patent infringement: direct infringement and indirect infringement. Direct infringement occurs when someone makes, uses, or sells a patented invention without the permission of the patent owner. Indirect infringement occurs when someone helps or encourages someone else to infringe a patent. Contributory infringement is a type of indirect infringement that occurs when someone sells a component of a patented invention with the knowledge that the component is intended to be used in a way that infringes the patent.
**Patent Litigation** #
**Patent Litigation**
Concept #
a legal dispute over the validity or infringement of a patent.
Patent litigation is a legal dispute over the validity or infringement of a pate… #
In a patent infringement lawsuit, the patent owner (the plaintiff) alleges that someone (the defendant) has made, used, or sold the patented invention without permission. The defendant may argue that the patent is invalid, or that its actions do not infringe the patent. If the court finds that the patent is valid and that the defendant has infringed the patent, it may issue an injunction, which is a court order prohibiting the defendant from continuing to infringe the patent. The court may also award damages to the patent owner.
**Patent Troll** #
**Patent Troll**
Concept #
a person or company that acquires patents not to use them, but to assert them against others for the purpose of generating licensing fees.
A patent troll, also known as a non #
practicing entity or patent assertion entity, is a person or company that acquires patents not to use them, but to assert them against others for the purpose of generating licensing fees. Patent trolls often acquire patents that they did not create, and then threaten to sue companies that are using the technology covered by the patent unless they pay a licensing fee. Patent trolls can be a problem for small businesses and startups, which may not have the resources to defend themselves against a patent infringement lawsuit. Patent thickets, which are dense webs of overlapping patents, can also be a problem