8. trademark 4 functions of a trademark Distinguish one seller’s goods from another’s Indicate that all trademarked goods come from a single source Indicate that all trademarked goods are of equal quality Prime instrument in advertising/selling
9. Plagiarism The act of taking ideas, thoughts or words from another and passing them off as your own
14. Copyright: 6 rights The right of reproduction of the work The right of preparation of derivative works The right of public distribution of the work (cont)
15. Copyright: 6 rights (cont) The right of public performance of the work The right of public display of the work The right of public digital performance of a sound recording
16. What can be copyrighted Literary or musical works Dramatic works, including accompanying music Pantomimes and choreographic works Pictorial, graphic and sculptural works Motion pictures Sound recordings
17. What cannot be copyrighted Trivial materials such as titles or slogans Ideas Facts Utilitarian goods Methods, systems, mathematical principles, formulas and equations
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23. factors Purpose and character of use Nature of the copyrighted work Amount and substantiality of the portion used in relation to the copyrighted work as a whole Effect of the use on the potential market for/value of the copyrighted work
24. Nature of the copyrighted work Courts ask: Is the copyrighted work still available? Is the copyrighted work a consumable work? IS the work informative/creative? Is the work published or unpublished?
25. Digital Millennium Copyright Act (DMCA)Criminalized acts of circumventing access control (including DRM control)
