Thursday, December 16, 2010

Reasoning of the Law

Reasoning of the Law
Although intellectual property law can be interpreted as the person that created the intellectual property has the exclusive rights to it, laws might differ slightly in different states. It is very important to to stay informed about your local area and law ion areas where you conduct business. Subject matter is the basic understanding of copyright law, "Copyright protection subsists, in accordance with this tittle, in original works of authorship, fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, ether directly or with the aid of a machine or device" (Nolo Pg. 358). It is very important to understand the difference between copyright and trademark. A copyright gives rights to the creator of intellectual property. Lawyers must have an understanding of copyright infringement. "Infringement of a copyright can be treated as a federal crime under the Copyright Act if it is done intentionally and with full knowledge that and infringement is occurring" (Nolo Pg. 240). A defective copyright notice can be a defense that copyright infringement did not occur. "Until March 1, 1989, works published in the united states needed a copyright notice in order for the copyright to remain in force" (Nolo Pg. 243). Another defense to copyright infringement includes, "the allegedly infringing work was independently created" (Nolo Pg. 243). In my opinion the most common defense is that "the use was authorized" (Nolo Pg. 243). The lawyer that helped me was very informative. Intellectual property law is in place to protect the rights of creative individuals, in some cases technicalities can make it impossible to reach justice. He explained that its always important to stay on top of protecting my creations to keep them from slipping into public domain. Not being diligent and neglecting your intellectual property will lead to losing rights to your creation.

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