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Patent and copyright law
Understanding Patent and Copyright Law
Patent and copyright law gives the inventor the exclusive rights to the invention. No one else can produce the invention for a set period of time under patent and copyright law. Patent and copyright law is set up to protect inventors. The law on patents can be found in the United States Constitution, Article 1, Section 8 and in Title 35 of the United States Code.
The agency that is in charge of patent laws is a Federal Agency known as the Patent and Trademark Office. Anyone who applies for a patent will have their application reviewed by an examiner. The examiner will decide if a patent should be granted to the inventor. Individuals who have their patent application turned down can appeal it to the Patents Office Board of Appeals.
Just because someone has a patent does not mean that they have the right to use, make or sell the invention. For instance, if a drug company comes up with a new drug, they can get a patent on it. However, it would not be available to be sold to the general public until the drug becomes approved by other regulatory bodies. Likewise, someone may invent an improvement to an existing product, yet they will not be allowed to produce or sell the item until they obtain a license to do so from the owner of the original patent holder.
For someone to receive a patent, as stated, they must fill out an application on their invention. The application will entail the details of the invention and how it is made. In addition, the person applying for a patent must make claims that point to what the applicant deems or regards as his or her invention. A patent may have many claims with it. The claims protect the patent owner and notify the public exactly what the individual has patented or owns.
If someone infringes upon patent and copyright law, it is usually enforced in a civil court setting. The owner of the patent will generally bring a civil lawsuit against the person who has infringed upon their patent and ask for monetary compensation. In addition, the patent owner can seek an injunction which would prohibit the violator from continuing to engage in any acts that would infringe upon their patent in the future.
Many patent owners will make licensing agreements (or contracts) with others. These agreements allow another person or company to use someone’s patented invention in return for royalties. In addition, some patent holders who are competitors may agree to license their patents to each other to expand both of their profits.
Most everything we use in our day to day life was invented by someone. That person had to seek out a patent for their invention. Patent and copyright law protects inventors from having their ideas and inventions stolen out from under them. This makes the playing field more level for individuals. Without these laws, the marketplace would be out of control and the small guy would probably be eaten alive by big business
The "Catch" to Some of these Freebie Sites Remember that old saying, "There's no such thing as a free lunch?" Well, it's not true—there are plenty of freebies out there. However, there are some things you should know about if you are going to go after these freebies. The World Wide Web is awash with web sites that like to offer visitors with loads of tempting freebies. But although many of these are legitimate offers, there are some things you should know about these freebie sites. Here are some things to know about these freebie sites. Getting Things for Free—A Caveat Here is the basic caveat when it comes to these freebie offers—there is usually something you will have to endure in order to get your freebie. Although you may not have to make any sort of financial contribution or monetary expense, you will have to pay in some small non-monetary way. Here is a quick rundown of various kinds of 'catches' that you may come across as you seek out the best of the web's freebies. Watching Ads Before You Get to the Good Stuff One of the most common techniques that websites will use before you can get access to their freebies is to force you to watch ads. There are many different versions of this method. Many sites that promote freebies will support their site through advertisements. Most advertisements show up as pop-up or banner ads. Some websites also use video websites. With the ubiquity of high speed Internet, video ads have lately become the preferred method of advertisement on many websites. The less subtle of these ads are the pop-up and banner ads. Pop-up ads are often quite obtrusive and they can interrupt your enjoyment of the website. You might want to avoid ad-based freebie sites at work, as these can often interfere with your screen. Many popular freebie websites also offer ad-free versions of their content. This may be something to consider if you really find the website's content valuable. Be Wary of Automatic E-mail Sign-Ups Many freebie websites will sign you up automatically for their email newsletters. The worst-case scenario is when the website allows its partners to bombard you with email ads. What is the best way to avoid getting on an unwanted email list? Read the fine print, and whenever you get the option, uncheck the opt-in box at the very bottom of the page. Take Care of Your Privacy Many sites that offer freebies make money by selling the personal information that they gain from their web traffic. In order to avoid having your personal information being sold, you should avoid giving your personal information to websites that can't provide you with an upfront privacy policy. You should also look for the TRUSTe seal that ensures your personal information is kept secure and private. Also, never provide more information than you need to provide. Avoid Large Downloads Whenever Possible Another thing you should watch out for are large downloads. Although there are many legitimate large downloads out there, you should avoid sites that don't tell you exactly what you are downloading, how long the download will take, and how big the file size is. Watch Out for Disappearing Websites If there is one thing to know about freebie websites is that they are often 'here today, gone tomorrow' type enterprises. Many freebie websites simply don't survive for very long. You should think hard before committing to a website that offers free services that you will have to depend on. The last thing you want is to depend on a website's services, and then have those services disappear or suspended. Copyright law Understanding Copyright Law Copyright law is a set of laws that is used to regulate things such as movies, plays, poems, musical compositions, drawings, paintings, sculptures, software, photographs, sculptures, literary works, choreographic works, radio broadcasts, televisions broadcasts and more. Copyright law is only regulated to cover the manner or form in which the information or material is expressed. For instance, it does not cover the idea or facts which are represented in a work. In instances where a copyright does not exist, patents or trademarks may be in place which can impose legal restrictions. Copyright law states that the holder of the copyright has the right to make copies or reproduce the work to sell. They can also export or import the work, create derivative or adaptation of the original work, display or perform the work publicly and assign or sell the rights to someone else. Copyright law is set up to protect people from having someone do something with their copyrighted work or material. Someone that has a copyright may choose to exploit their copyrighted work, or they may choose not to. Many people debate whether copyright law and copyrights are moral rights or merely property rights. It is important to note that in the U.S. copyright law covers protection for published and unpublished works. Copyright law protection covers a work from the time it is created in a tangible form. The author or creator of the work immediately holds the copyright to the work and it is the property of the author or creator. No one else can claim copyright to it, unless the original copyright holder (the author or creator) gives or sells the rights to another person. Many people fail to understand that merely owning or possessing a work does not give them the copyright to it. Just because you have ownership of a copyrighted work does not mean that you own the copyright. Likewise, if you copy someone’s work and list their name on it, you are undertaking copyright infringement. Many people also fail to understand when copyright protection is secured. The moment a work is written or created and it is in physical tangible form or recorded it falls under copyright law. While it is recommended to register your work through the Copyright Office, if your work is not registered and someone steals your work, they have violated your copyright. Using a copyright notice is not required by law. However, many recommended that the copyright notice or symbol be used so remind the general public that the piece is under copyright. Anything that is created after 1977 is protected by copyright law for the lifetime of the author of the creator, plus an additional 70 years after the creator’s death. The public domain is a good source of information that is no longer under a copyright or work that was never under a copyright to begin with. Virtually all works that were created or published in the United States prior to 1923 are said to be in the public domain. Things that can be found in the public domain that are free of copyright law generally include generic facts and information, works that have a lapse in their copyrights (this encompasses works that were created prior to 1978) and materials and information put out by the United States government. In addition, you may find works in the public domain that are free of copyright law because it has been dedicated to the public domain. |