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Intellectual Property and Cyberlaw

"People recognize intellectual property the same way they recognize real estate. People understand what property is. But it's a new kind of property, and so the understanding uses new control surfaces. It uses a new way of defining the property." - Michael Nesmith

     Intellectual property refers to creations of the mind that are given exclusive rights similar to physical private property. Intellectual property can include anything from inventions to literature to art. Types of intellectual property rights include trademarks, copyrights, patents, industrial design rights, trade dress and trade secrets. Intellectual property laws create a financial incentive for innovators and thus is meant to promote progress. The World Intellectual Property Organization (WIPO) is the leading international organization that works to establish mandates and regulations for intellectual property. It is a branch of the United Nations and administers 26 international treaties (1) amongst 186 member states (2).

     Cyberlaw concerns all the legal issues related to the internet. The domains covered by cyberlaw are quite broad and includes topics such as privacy, freedom of speech, software licenses, developer and product liabilities, censorship, and internet access. One of the most pressing and controversial issues with cyberlaw is within the issues of jurisdiction. This is because the internet is international and so there are varying takes on where jurisdiction lies, whether it is in the nation of the user, server, or receiver. There are numerous information technology laws and electronic signature laws from various states and nations, all with slightly different regulations.


1. "WIPO-Administered Treaties." WIPO-Administered Treaties. N.p., n.d. Web. 10 Oct. 2013. http://www.wipo.int/treaties/en/

2. "Member States." WIPO. N.p., n.d. Web. 10 Oct. 2013. http://www.wipo.int/members/en/

Categories within Intellectual Property and Cyberlaw

Copyright Law

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These are the laws that concern the exclusive rights to use certain intellectual property and its use.

Patent and Trade Secrets Law

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Patents are the specific right to inventors to use be the sole producers of their invention. Trade secrets, on the other hand, are particular design processes, formulas are practices.

Trademarks

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Trademarks are recognizable symbols that distinguish one firm's products from anothers.

Deep Web Information

Hi I am looking for assistance on the topic of "The Deep Web" - 10 years ago the government built a totally private, and anonymous network. My instructions state when explaining Deep Web use examples that relate to the terms Cybercrimes. Terms: cyber bullying, identity theft, calling card fraud, hackers, digital child pornograph

Movie Studio Plagiarism

How can a movie studio prevent plagiarism? (Plagiarism among studios within and/or outside a country).

1. You work for attorney Smith who works for Nike®. The slogan Nike uses is "Just Do It." Nike® representatives have approached Smith about a problem that has arisen. A small athletic shoe manufacturer has launched a campaign using the slogan, "Just do it NOW." a) What would you need to do to show that Nike's slogan, "Just do it," was protectable? b) What would Nike need to do to demonstrate that there was an infringement of their trademark? c) Evaluate the two slogans to determine if an infringement occurred. d) What possible defenses are available to the defendant in an infringement dispute? e) Last, what values do you believe are being promoted by trademark infringement laws? 2. Claudette Nouvelle has created a completely new and original pantomime act. She just created it by performing it one day. She has never written anything down. She is looking to get an agent, but in the meantime has been performing this new work on the streets of New York to rave reviews from the passersby. Martine Marceau, granddaughter of the famous Marcel Marceau, witnessed the performance on two occasions and has decided to perform the pantomime in her new act. She is performing in an off-Broadway theater and has filmed her performance of this pantomime and has called it "The Streets of New York," by Martine Marceau. a) Name and explain the three (3) basic requirements for copyrightability and determine if Claudette has a copyright in this pantomime? b) Determine if Martine has a copyright in this pantomime? c) Last, what values do you believe are being promoted by copyright protection laws?

1. You work for attorney Smith who works for Nike®. The slogan Nike uses is "Just Do It." Nike® representatives have approached Smith about a problem that has arisen. A small athletic shoe manufacturer has launched a campaign using the slogan, "Just do it NOW." a) What would you need to do to show that Nike's slogan, "Ju

Copyright Infringement - Music

I have a few questions about copyright infringement particularly how it pertains to music and songs, the artists and the audience. - What is copyright infringement? What is the history and purpose of the copyright infringement law? - How does this law affect freedom of speech and press in regards to the first amendment? -

Intellectual Property Issues in the Napster Case

Could you please briefly summarize the intellectual property law issues in the Napster case and then explain how this decision has impacted contemporary culture. Here is a link to the case: http://www.gseis.ucla.edu/iclp/napster.htm.

Case studies in intellectual copyright

Case Study Challenge 1 Youâ??ve created a Macromedia Flash game that tests how long it takes for a player to recognize a song. A player listens to several songs for 3-5 seconds, and then has 10 seconds to select the songs from a list. The theme from â??Jeopardyâ? plays in the background while the player selects the songs.

Wal-Mart Stores, Inc. v. Samara Brothers, Inc., 529 U.S. 205 (2000)

I would like these questions addressed. Wal-Mart Stores, Inc. v. Samara Brothers, Inc., 529 U.S. 205 (2000) 1) How were prior cases on the question of trademark protection addressed by the Court? 2) Did any federal statute play a substantial role in the decision of the Court? 3) Explain the Wal-Mart decision. What w

Situational Problem Involving Copyright of the song "Happy Birthday."

The song "Happy Birthday to You" has universal appeal. Almost everyone knows its lyrics and melody, and it is sung to millions of people on a daily basis. However, what many people do not know is that the song "Happy Birthday to You" is copyrighted. The song was written by two sisters from Kentucky in the late 19th century

Intellectual Property - Infringement

Masters Level For the specific industries/companies you have chosen for your research (insurance companies with particular attention E-insurance), discuss what that industry/company can do to avoid infringing on the intellectual property of others? What steps should a company take to prevent accidental or intentional infringem

Write a Case Brief

Read the Monsanto Co. v. Coramandal Indag Products case and prepare a case brief. Case can be found at: http://www.rishabhdara.com/sc/view.php?case=8644

Copyright

For each of the following situations decide if the use is legal or not (based on the fair use criteria): a. You publish a paper to the Internet and re-use a diagram found in a book. Your web-site is a subscriber (user's pay you money) based web-site. b. You go to the library to check out CDs and then upload the music i