| Patents |
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| A patent is a federal statutory right that allows an inventor to exclude others from making, using, selling, offering for sale, or importing the patented invention without the inventor's permission for the limited period specified by the patent statute. If a person or other entity makes, uses, sells, offers for sale, or imports the invention covered by the patent, they have infringed the patent, and the patent owner may bring a lawsuit to seek relief. There are several defenses to allegations of patent infringement available to someone who is sued for patent infringement. Two of the available patent defenses are that the allegedly infringing activity is not an infringement of the patent and that the patent is not valid and cannot be enforced.
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| Right to Perform Copyrighted Work |
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| Under the Copyright Act, to perform a copyrighted work means "to recite, render, play, dance, or act it, either directly or by means of any device or process." "Performing" a motion picture or other audiovisual work means "to show its images in any sequence or to make the sounds accompanying it audible." The Copyright Act defines the term "publicly perform" to mean "to perform or display [a copyrighted work] at a place open to the public or at any place where a substantial number of persons outside of a normal circle of a family and its social acquaintances is gathered." "To perform or display" includes to broadcast to such place open to the public. Therefore, performances in concert halls, theaters, restaurants, bars, nightclubs, and other common public facilities are covered by the exclusive right of performance, whether the performance is live or broadcast to the public place, while the viewing of a movie in a private home is not a public performance and thus is not covered by the right of performance.More... |
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| U.S. International Trade Commission |
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| The U.S. International Trade Commission (USITC) is an independent, nonpartisan, quasi-judicial federal agency that provides trade expertise to both the legislative and executive branches of government, determines the impact of imports on U.S. industries, and directs actions against certain unfair trade practices, such as patent, trademark, and copyright infringement. The USITC was established by Congress in 1916. More... |
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| Distribution Rights |
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| The distribution right grants to the copyright holder the exclusive right to make a work available to the public by sale or other transfer of ownership or by rental, lease, or lending. The owner of a copyright has the right to give away, sell, or withhold any material embodiment of his or her work. In essence, this is the right to control publication of a work because publication without distribution of copies is meaningless. This right allows the copyright holder to prevent the distribution of unauthorized copies of a work. In addition, the right allows the copyright holder to control the first distribution of a particular authorized copy. However, the distribution right is limited by the "first sale doctrine," which states that after the first sale or distribution of a copy, the copyright holder can no longer control what happens to that copy. More... |
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| Design Patents |
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| Under United States patent law, the United States Patent and Trademark Office (USPTO) issues three different types of patents. Utility patents apply to functional inventions, processes, or compositions of matter, and correspond to the common understanding of patentable subject matter. Patents may also be issued on new varieties of asexually produced cultivated plants and on designs.More... |
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