Contemporary Business Law Study Set 1
Quiz 7 :
Intellectual Property and Cyber Piracy
Patents: A new invention of a product can be patented when the product or the invention meets three conditions. In order to be patentable a new product has to be novel, it has to be useful and it has to be non obvious. Facts: A.Com one of the world's largest sellers of online trading giants developed a unique one click option using which customers can select and purchase the items in one click, the solution termed as I click is awaiting patent registration. While B and N applied for a similar patent application and A.Com sued B N claiming for patent infringement. B N argues that the application cannot be patented because it did not meet the non obvious clause. Outcome: The invention used by A.com cannot be patented because it did not meet the non obvious clause required for the patentability. This is because the invention developed by A.com is not unique in nature, even though it meets the other criteria of novel and use full it fails to meet the third criteria necessary for patenting. Thus, it cannot be patented because the idea is not non obvious.
Copy Right Fair use: Fair use of a copy righted material occurs when it is used without permission of the copy right holder under the following conditions: 1). When the article is used for a scholarly review in an article or a review. 2). When the content is copied for a news feed or for a T.V news. 3). When the content is used for a classroom teaching purpose. 4). When the content is used for parody or for a satirical publication. 5). When the content is used incidentally in a news real or a broadcast. 6). When the content is used in a judicial or legal proceeding. Use in the above mentioned conditions does not require consent from the copy rights owner. Facts: N is the copy rights owner of a music composition called as "Choir", another Music group called as B.B used the choir for about six seconds in their music composition. N sued B.B for copy right infringement. B argued that a six second use cannot be treated as a copy right infringement. Outcome: The use of a six second clip from the "choir" has to be treated as copy right infringement because the use is for building a commercial application. Choir's use cannot be treated as a fair use as the use of it does not fall under any of the fair use doctrine. Thus, the use of the "Choir has to be treated as a copy right infringement.
Facts of the case: HR publishers were about to publish the memoirs of a former president of US. The manuscript of the memoirs was very confidential and security measures were taken to keep it secret. The manuscript reached N, a publisher. N knew that the possession of that manuscript was unauthorized. He published a piece of writing based on it and quoted 300-400 words from it. HR sued N for copyright infringement. Issue concerning the case: The main issue in this case is to the person who wins the case. Rule of law: The rule of law that applies in this case is Copyright Infringement. Copyright infringement happens when a person copies a considerable part of a copyrighted work without taking permission of the copyright holder. The copying can be either word to word, entire work or some material part only. The copyright holder can bring a civil action against alleged infringer and, if successful, can recover from the infringer. Conclusion N quoted a considerable amount of text from the manuscript without taking the permission of the copyright holder. He knew that the possession of the manuscript was unauthorized and was confidential. Therefore, this is a case of copyright infringement and N is liable for the damages. Hence, HR wins this case.