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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
Music copyright infringement How Does Music Copyright Infringement Affect Me? Music copyright infringement happens all around us every day, by both well meaning people downloading music from their favorite social networking site to the guy who’s reselling MP3s. To be certain, most people who commit music copyright infringement don’t realize what’s going on, and are in turn doing something very illegal and prosecutable in the United States. Copyright Infringement, as defined by Wikipedia.org states: “Copyright infringement (or copyright violation) is the unauthorized use of material that is protected by intellectual property rights law particularly the copyright in a manner that violates one of the original copyright owner's exclusive rights, such as the right to reproduce or perform the copyrighted work, or to make derivative works that build upon it. The slang term bootleg (derived from the use of the shank of a boot for the purposes of smuggling) is often used to describe illicitly copied material.” We’ve all heard of ‘bootleg’ recordings – usually audio recordings taken from concerts and sold on home made cassettes or CDs and distributed (sometimes out of the trunk of a car) to anyone that will buy. Bootleg recordings have changed, however, as music copyright infringement has branched into video recordings. Music copyright infringement has exploded with the advent of the internet, and now people from all over the world are sharing every type of imaginable file – from eBooks to audio to music – and small label artists began feeling the pinch years ago. However, many new and older artists are beginning to see the beauty of the internet, and are offering their music for sale track-by-track on iTunes and other MP3 sales websites, as well as through their own band websites and MySpace pages. The internet has exploded in the possibilities it’s given up and coming musicians to become visible, while at the same time drastically increasing the number of music copyright infringement cases – some of which were against innocent people who just weren’t informed. Music copyright infringement cases have helped to create organizations that protect the fair use of an item, such as a song. Organizations such as CreativeCommons.com and the Electronic Frontier Foundation help individuals to know their rights under copyright acts. While there are organizations that help you understand your rights as a purchaser of copyright use, there are organizations that want to limit the ways in which you use the products you buy. It is rumored, for example, that record distribution and production companies want to limit the ways in which you use the music you buy – they don’t want you to put it on your computer or make a Mix Tape or CD from it – for fear of ‘sharing.’ It seems to me, however, when music publishers and distribution companies limit uses like this, they’re opening up a tidal wave of music copyright infringement cases. By limiting the use of purchased material, the companies are alienating their client base and pushing all their sales away from physical products and toward electronic ones – which are much harder to control. A way in which these companies tried to limit the uses was by creating a DRM program, which severely limited the where a CD could be played (on one computer, for instance). And, in one drastic measure, Sony placed a DRM program on all their CDs in the Winter of 2005, and severely crippled several networks when their ‘program’ was actually malware that seriously crippled network security. As you can see, music copyright infringement is something that is currently being fought between end users and music production and distribution companies. In this new century, we must find a way to retain copyright, and allow the customers to use the products they buy in a meaningful way, or otherwise the market will shift and the industry as we know it will be abandoned. Promotions and Freebie Help from Kraft Foods Are you a Kraft junkie? Do you live for the rich, creamy luscious taste of classic Kraft Macaroni and Cheese? If you are a fan of Kraft Foods, did you know that you could get your hands on Kraft freebies? 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