Poor Man's Copyright
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Poor Man's Copyright
Poor man's copyright is a method of using registered dating by the postal service, a notary public or other highly trusted source to date intellectual property, thereby helping to establish that the material has been in one's possession since a particular time. The concept is based on the notion that, in the event that such intellectual property were to be misused by a third party, the poor-man's copyright would at least establish a legally recognized date of possession before any proof which a third party may possess. In countries with no central copyright registration authority, it can be difficult for an author to prove when their work was created. The United Kingdom Patent Office says this: ... a copy could be deposited with a bank or solicitor. Alternatively, a creator could send himself or herself a copy by special delivery post (which gives a clear date stamp on the envelope), leaving the envelope unopened on its return. A number of private companies operate unofficial regi ...
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Mail
The mail or post is a system for physically transporting postcards, letter (message), letters, and parcel (package), parcels. A postal service can be private or public, though many governments place restrictions on private systems. Since the mid-19th century, national postal systems have generally been established as a government monopoly, with a fee on the article prepaid. Proof of payment is usually in the form of an adhesive postage stamp, but a postage meter is also used for bulk mailing. With the advent of email, the retronym "snail mail" was coined. Postal authorities often have functions aside from transporting letters. In some countries, a Postal Telegraph and Telephone, postal, telegraph and telephone (PTT) service oversees the postal system, in addition to telephone and telegraph systems. Some countries' postal systems allow for savings accounts and handle applications for passports. The Universal Postal Union (UPU), established in 1874, includes 192 member countries a ...
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Intellectual Property
Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, copyrights, trademarks, and trade secrets. The modern concept of intellectual property developed in England in the 17th and 18th centuries. The term "intellectual property" began to be used in the 19th century, though it was not until the late 20th century that intellectual property became commonplace in the majority of the world's legal systems."property as a common descriptor of the field probably traces to the foundation of the World Intellectual Property Organization (WIPO) by the United Nations." in Mark A. Lemley''Property, Intellectual Property, and Free Riding'', Texas Law Review, 2005, Vol. 83:1031, page 1033, footnote 4. The main purpose of intellectual property law is to encourage the creation of a wide variety of intellectual goo ...
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Copyright
A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, educational, or musical form. Copyright is intended to protect the original expression of an idea in the form of a creative work, but not the idea itself. A copyright is subject to limitations based on public interest considerations, such as the fair use doctrine in the United States. Some jurisdictions require "fixing" copyrighted works in a tangible form. It is often shared among multiple authors, each of whom holds a set of rights to use or license the work, and who are commonly referred to as rights holders. These rights frequently include reproduction, control over derivative works, distribution, public performance, and moral rights such as attribution. Copyrights can be granted by public law and are in that case considered "territorial righ ...
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United Kingdom Patent Office
The Intellectual Property Office of the United Kingdom (often referred to as the UK IPO) is, since 2 April 2007, the operating name of The Patent Office. It is the official government body responsible for intellectual property rights in the UK and is an executive agency of the Department for Business, Energy and Industrial Strategy (BEIS). Responsibilities The IPO has direct administrative responsibility for examining and issuing or rejecting patents, and maintaining registers of intellectual property including patents, designs and trade marks in the UK. As in most countries, there is no statutory register of copyright and the IPO does not conduct any direct administration in copyright matters. The IPO is led by the Comptroller General of Patents, Designs and Trade Marks, who is also Registrar of Trade Marks, Registrar of Designs and Chief Executive of the IPO. Since 1 May 2017, the Comptroller has been Tim Moss, following the resignation of John Alty who had been Comptroller ...
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Copyright Act Of 1976
The Copyright Act of 1976 is a United States copyright law and remains the primary basis of copyright law in the United States, as amended by several later enacted copyright provisions. The Act spells out the basic rights of copyright holders, codified the doctrine of "fair use", and for most new copyrights adopted a unitary term based on the date of the author's death rather than the prior scheme of fixed initial and renewal terms. It became Public Law number 94-553 on October 19, 1976 and went into effect on January 1, 1978. History and purpose Before the 1976 Act, the last major revision to statutory copyright law in the United States occurred in 1909. In deliberating the Act, Congress noted that extensive technological advances had occurred since the adoption of the 1909 Act. Television, motion pictures, sound recordings, and radio were cited as examples. The Act was designed in part to address intellectual property questions raised by these new forms of communication. Aside ...
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United States Copyright Office
The United States Copyright Office (USCO), a part of the Library of Congress, is a United States government body that maintains records of copyright registration, including a copyright catalog. It is used by copyright title searchers who are attempting to clear a chain of title for copyrighted works. The head of the Copyright Office is the Register of Copyrights. Shira Perlmutter, who took office on October 26, 2020,and currently serves as Register. The Copyright Office is housed on the fourth floor of the James Madison Memorial Building of the Library of Congress, at 101 Independence Avenue SE, in Washington, DC. History The United States Constitution gives Congress the power to enact laws establishing a system of copyright in the United States. The first federal copyright law, called the Copyright Act of 1790, was enacted in May 1790 (with the first work being registered within two weeks). Originally, claims were recorded by Clerks of U.S. district courts. In 1870, copy ...
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Eric Goldman
Eric Goldman (born April 15, 1968) is a law professor at Santa Clara University School of Law. He also co-directs the law school's High Tech Law Institute. and co-supervises the law school's Privacy Law Certificate. Career overview Goldman is a leading expert in the fields of Internet Law and Intellectual Property. He was part of the first wave of teaching Internet Law courses in law schools, having taught his first course in 1995–96. He has testified before Congress on the Consumer Review Fairness Act, Stop Enabling Sex Traffickers Act (SESTA), and Allow States and Victims to Fight Online Sex Trafficking Act (FOSTA). In a well-publicized December 2005 post to hiTechnology & Marketing Law Blog Goldman incorrectly predicted Wikipedia's demise in five years. Goldman has co-authored (with Rebecca Tushnet of Harvard Law) the first ''Advertising & Marketing Law'' casebook for the law school community. He has been shortlisted as an "IP Thought Leader" by ''Managing IP'' magazine ...
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Copyright Registration
The purpose of copyright registration is to place on record a verifiable account of the date and content of the work in question, so that in the event of a legal claim, or case of infringement or plagiarism, the copyright owner can produce a copy of the work from an official government source. Before 1978, in the United States, federal copyright was generally secured by the act of publication with notice of copyright or by registration of an unpublished work. This has now been largely superseded by international conventions, principally the Berne Convention, which provide rights harmonized at an international level without a requirement for national registration. However, the U.S. still provides legal advantages for registering works of U.S. origin. For example, a registration is required before an infringement suit may be filed in a US court and registration is required for claiming statutory damages in most cases. Requirement of registration It is a common misconception to con ...
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Soleau Envelope
The Soleau envelope (french: Enveloppe Soleau, link=no), named after its French inventor, , is a sealed envelope serving as proof of priority for inventions valid in France, exclusively to precisely ascertain the date of an invention, idea or creation of a work. It can be applied for at the French National Institute of Industrial Property (). The working principles were defined in the ruling of May 9, 1986, published in the official gazette of June 6, 1986 (''Journal officiel de la République française'' or JORF), although the institution of the Soleau envelope dates back to 1915., footnote 118: "On the French law and the institution of the Soleau envelope, see Prop. Ind. (1915), pp. 103 ff. The envelope has two compartments which must each contain the identical version of the element for which registration is sought. INPI web siteUser's guide to the ''enveloppe Soleau'' The INPI laser-marks some parts of the envelope for the sake of delivery date authentication and sends one of ...
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Authentication Methods
Authentication (from ''authentikos'', "real, genuine", from αὐθέντης ''authentes'', "author") is the act of proving an assertion, such as the identity of a computer system user. In contrast with identification, the act of indicating a person or thing's identity, authentication is the process of verifying that identity. It might involve validating personal identity documents, verifying the authenticity of a website with a digital certificate, determining the age of an artifact by carbon dating, or ensuring that a product or document is not counterfeit. Methods Authentication is relevant to multiple fields. In art, antiques, and anthropology, a common problem is verifying that a given artifact was produced by a certain person or in a certain place or period of history. In computer science, verifying a user's identity is often required to allow access to confidential data or systems. Authentication can be considered to be of three types: The first type of auth ...
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Copyright Law
A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, educational, or musical form. Copyright is intended to protect the original expression of an idea in the form of a creative work, but not the idea itself. A copyright is subject to limitations based on public interest considerations, such as the fair use doctrine in the United States. Some jurisdictions require "fixing" copyrighted works in a tangible form. It is often shared among multiple authors, each of whom holds a set of rights to use or license the work, and who are commonly referred to as rights holders. These rights frequently include reproduction, control over derivative works, distribution, public performance, and moral rights such as attribution. Copyrights can be granted by public law and are in that case considered "territorial rig ...
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