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Intellectual Property News
Fair Use Of The Copyright Act Of 1976
OLC Memorandum on Whether Government Reproduction of Copyrighted Materials Invariably is a "Fair Use" under Section 107 of the Copyright Act of 1976 (April 30, 1999)
There is no "per se" rule that government reproduction of copyrighted material -- including, in particular, government photocopying of copyrighted materials for internal government use -- automatically qualifies as a fair use under section 107 of the Copyright Act of 1976. However, government photocopying would in many contexts be noninfringing because it would be a "fair use"; and there are good reasons that, if an agency decides to negotiate photocopying licensing agreements, it should seek to limit the scope of any such arrangement to cover only those government photocopying practices that otherwise would, in fact, be infringing. Analysis of these issues is provided via the link below:
Creation in a fixed form causes a copyright.
When a work is created in a fixed form, the US and the Berne Convention permits copyright to be conditioned to the owner.
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Definition:
A number assigned to a patent application when it is filed. A serial number is usually used together with a two digit series code to distinguish between applications filed at different times.
International Application
Definition:
Allows a trademark owner to seek registration in any of the countries that have joined the Madrid Protocol by filing a single application.
Distribution Right
Definition:
Rights of copyright, the distribution right is infringed merely by a transfer of copies of the work, whether those copies were unlawfully or lawfully made, except under the First Sale Doctrine.
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