Product Description
Three major articles.

Journal of the Patent and Trademark Office Society

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The questions relating to copyright belong naturally to the sphere of political economy. They have to do with the laws governing production, and with the principles regulating supply and demand; and they are directly dependent upon a due determining of the proper functions of legislation, and of the relations which legislation, having for its end the welfare of the community as a whole, ought to bear towards production and trade.

As students of economic science, we recognize the fact that, in all its phases, it is in reality based upon two or three very simple propositions, such as:

Two plus two make four.

Two from one you can’t.

That which a man has created by his own labor is his own, to do what he will with, subject only to his proportionate contribution to the cost of carrying on the organization of the community under the protection of which his labor has been accomplished, and to the single limitation that the results of his labor shall not be used to the detriment of his fellow-men.

It is not in the power of legislators to make or to modify the laws of trade; it is their business to act in accordance with these laws.

Economic science is, then, but the systematizing, on the basis of a few generally accepted principles, of the relations of men as regards their labor and the results of their labor, namely, their property. There is therefore an essential connection between the systems governing all these relations, however varied they may be. Soundness of thought in regard to one group of them leads to soundness of thought about the others.

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International Copyright – George Haven Putnam

Product Description
This digital document is an article from National Underwriter Property & Casualty-Risk & Benefits Management, published by The National Underwriter Company on October 28, 1996. The length of the article is 790 words. The page length shown above is based on a typical 300-word page. The article is delivered in HTML format and is available in your Amazon.com Digital Locker immediately after purchase. You can view it with any web browser.

From the supplier: The National Council on Compensation Insurance (NCCI) will appeal an Oct. 3, 1996, US District Court ruling that found that its codes and formulas for workers’ compensation rate filings do not have copyright protection. The NCCI sued former VPs Michael Camilleri and Robert Hilton, Industrial Data Resources, and the Adorno and Zeder law firm for violating statistical manual copyrights which had been filed in 1979. The ruling found that the manuals are in the public domain.

Citation Details
Title: NCCI appealing dismissal of its copyright action. (National Council on Compensation Insurance Inc. lawsuit claiming copyright protection for its statistical formulas)
Author: Creston Nelson-Morrill
Publication: National Underwriter Property & Casualty-Risk & Benefits Management (Magazine/Journal)
Date: October 28, 1996
Publisher: The National Underwriter Company
Issue: n44 Page: p10(2)

Distributed by Thomson Gale

NCCI appealing dismissal of its copyright action. (National Council on Compensation Insurance Inc. lawsuit claiming copyright protection for its statistical … & Casualty-Risk & Benefits Management

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This volume contains the text of title 17 of the *United States Code*, including all amendments enacted through the end of the second session of the 106th Congress in 2000. It includes the Copyright Act of 1976 and all subsequent amendments to copyright law; the Semiconductor Chip Protection Act of 1984, as amended; and the Vessel Hull Design Protection Act, as amended. The Copyright Office is responsible for registering claims under all three.

The United States copyright law is contained in chapters 1 through 8 and 10 through 12 of title 17 of the *United States Code.* The Copyright Act of 1976, which provides the basic framework for the current copyright law, was enacted on October 19, 1976 as Pub. L. No. 94-553, 90 Stat. 2541. Listed below in chronological order of their enactment are subsequent amendments to copyright law.

Chapters 9 and 13 of title 17 contain statutory design protection that is independent of copyright protection. Chapter 9 of title 17 is the Semiconductor Chip Protection Act of 1984 (SCPA), as amended. On November 8, 1984, the SCPA was enacted as title III of Pub. L. No. 98-620, 98 Stat. 3335, 3347. Chapter 13 of title 17 is the Vessel Hull Design Protection Act (VHDPA). It was enacted on October 28, 1998 as title V of the Digital Millennium Copyright Act (DMCA), Pub. L. No. 105-304, 112 Stat. 2860, 2905. Subsequent amendments to the SCPA and the VHDPA are also included in the list below, in chronological order of their enactment.

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Copyright Law Of The United States Of America – Various

Product Description
This digital document is an article from National Underwriter Property & Casualty-Risk & Benefits Management, published by The National Underwriter Company on October 28, 1996. The length of the article is 790 words. The page length shown above is based on a typical 300-word page. The article is delivered in HTML format and is available in your Amazon.com Digital Locker immediately after purchase. You can view it with any web browser.

From the supplier: The National Council on Compensation Insurance (NCCI) will appeal an Oct. 3, 1996, US District Court ruling that found that its codes and formulas for workers’ compensation rate filings do not have copyright protection. The NCCI sued former VPs Michael Camilleri and Robert Hilton, Industrial Data Resources, and the Adorno and Zeder law firm for violating statistical manual copyrights which had been filed in 1979. The ruling found that the manuals are in the public domain.

Citation Details
Title: NCCI appealing dismissal of its copyright action. (National Council on Compensation Insurance Inc. lawsuit claiming copyright protection for its statistical formulas)
Author: Creston Nelson-Morrill
Publication: National Underwriter Property & Casualty-Risk & Benefits Management (Magazine/Journal)
Date: October 28, 1996
Publisher: The National Underwriter Company
Issue: n44 Page: p10(2)

Distributed by Thomson Gale

NCCI appealing dismissal of its copyright action. (National Council on Compensation Insurance Inc. lawsuit claiming copyright protection for its statistical … & Casualty-Risk & Benefits Management

Amazon.com
First, Morgan Freeman discusses the changing shape of movies in the digital revolution, his recent trip to Grenada, and his latest film, “Ten Items or Less.” Then, Gary Wills, professor of history emeritus at Northwestern University, discusses his new book, “What Paul Meant,” about Christianity and the significance of Paul’s observations.

This product is manufactured on demand using DVD-R recordable media. Amazon.com’s standard return policy will apply.

Charlie Rose with Morgan Freeman; Gary Willis

Product Description
This work analyses the scope of copyright protection for computer software in the United Kingdom,and examines challenges for the future. The work presents the case for the adoption and application of infringement methodology emanating from the courts in the United States, resulting in a narrower scope of protection than is presently argued for by many UK academics, practitioners and judges alike. The work makes a careful evaluation of the efficacy of the various prevailing tests for infringement of copyright in software and their progenies, suggesting an improved formula and advocating the utility of limiting doctrines to assist in the determination of substantial similarity of particular non-literal software elements, user interfaces and screen display protection. The monograph also contains a detailed study of reverse engineering, copyright defences, permitted acts, database protection and the copyright-contract interface in the context of computer software, not omitting crucial discussions of the internet, digital dissemination and the impact of recent treaty and legislative initiatives on British copyright law. As such it will be an important resource for practitioners, lecturers and students alike.

The Copyright Protection of Computer Software in the United Kingdom

• ISBN: 5864553948
• About 15000 terms (words and phrases)
• Free support: support@ets.ru, www.ets.ru
• Nevest version of dictionary-programm
• one-step search through all installed dictionaries

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The dictionary is for a wide circle of users: translators, technical specialists, lawyers, businessmen, students etc.
Dictionary includes about 15000 terms and useful in translating of technical documents, patents, licences, patent claims and other documents for patent office, etc.

English-Russian & Russian-English dictionary of Patents, Polyglossum v. 3.52

The term Intellectual Property or the acronym IP means (and provides) protection for creations of the mind. More specifically, they grant the creators/owners exclusive rights to these creations.

IP is divided into two categories: artistic and industrial.
• Artistic Intellectual Property rights are protected by Copyrights.

• Industrial Intellectual Property rights are protected by Patents and Trademarks.

General opinion and first thought that comes to a mind when it’s about IP are artistic works, scientific patents and similar. That’s a big mistake. Your Intellectual Property are all information, resorts you have used and all the products of your work. We are talking about customer lists, business processes, publications, trademarks, etc during and after your employment with the company. These items are considered Intellectual Property and proprietary information.

Intellectual property serves to protect company assets and prevent exploitation by others.

The licensing of intellectual property has become a multi-billion dollar industry. As a result, business owners and individuals are looking for ways to preserve and maximize the value of their small business ideas, inventions, artistic creations and other forms of intellectual property.

Here you can get basic and the most important 5  steps information and advices about securing protection for your intellectual property in domestic and foreign markets:

1) Define your IP needs and plan your IP strategy

The first and the basic thing you should do when you decide to protect your company and its intellectual values is to define what kind of intellectual property you own, and how does the IP protection fit in your company strategy, since, after all, it is a tool to be used in implementing your overall strategy.

It is suggested that business owners should constantly evaluate whether any of their new ideas, methods or technologies can be patented.

There are three types of protection and you should choose the one that suit your needs and your IP:

Copyright protection : A copyright is a form of intellectual property that protects the authors of “original works of authorship” such as literary, dramatic, musical and artistic both written and unwritten.A copyright protects the form of expression rather than the subject matter of the writing.There are several rules for how long a copyright lasts. For copyrights created after January 1978, they last for the life of the author plus 70 years. Patent protection : A patent for an invention is the grant of a property right to the inventor, issued by the United States Patent and Trademark Office.The right conferred by the patent grant is, in the language of the statute and of the grant itself, “the right to exclude others from making, using, offering for sale, or selling” the invention in the United States or “importing” the invention into the United States. What is granted is not the right to make, use, offer for sale, sell or import, but the right to exclude others from making, using, offering for sale, selling or importing the invention.The general term of a new patent is 20 years from the date the application was filed. Trademark protection : A trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others.A trademark right lasts indefinitely as long as the owner continues to use the trademark. Periodic renewal is required.

2) Intellectual property and your employees, contractors and freelancers

You should treat your employees and consultants as potential inventors and keep abreast of their creative input. It is crucial that  your company has a contracts which guarantee that all IP they create in connection with their employment or engagement stays in the company and they can not take it or spread it outside of the firm (or if they leave the firm). Both employer and employee must understand the conditions under which they work and create within the company.

Many entrepreneurs mistakenly believe that they own the results of a contractor or freelancer’s services upon payment of the agreed fee. Copyright law, however, provides that freelancers and independent contractors automatically retain the copyright to any original work they create absent a written agreement to the contrary. Therefore, business owners should make sure that sensitive information wouldn’t be any kind of misused.

For that reason exists copyright law, which provides that intellectual property created by employees within the scope of their employment is automatically owned by the employer.

3) Register important marks with the U.S. Patent and Trademark Office to obtain the strongest protection available by law. When you get to their office and meet your reviewer, consultant or attorney,  which will work on your IP protection,  you must be well prepared. It’s a kind of small business consulting that you should provide for your company. This means that the reviewer must understand what business you are in, so that he/she could understand your IP capture in context. There is a legal difference if your organization create know-how, copyright works, confidential information or if it creates registrable IP such as patents, designs or trade marks.

You must also check if IP databases exist, since there may be a need to have centralized, up-to-date databases for patents, designs, trade marks or licenses.

Whether your organization is large or small to capture IP you need:

a general IP policy, including guidelines regarding IP disclosure and ownership of IP by contractors; pro-forma confidentiality agreements, R&D agreements and collaboration agreements; and appropriate IP ownership clauses in contracts, including employee contracts, manufacturing/sales agreements.

4) Foreign Markets

Once you are familiar with available options to protect your intellectual property, you might consider conducting due diligence of potential foreign partners and determine where companies similar to yours have experienced intellectual property problems.

If  you do, or intend to do, business in foreign markets, especially in countries where intellectual property violations are common, you should strongly consider filing your patents and trademarks and their relevant translations with the appropriate government agency in each country where protection is sought.

In some countries, the first party to file an application can prevent others from registering and obtaining legal protections for the same patent or trademark. Most countries do not require that you register your copyrights before enforcing them, but registration with the appropriate government agency is strongly recommended because it provides several benefits such as proof of ownership.

5) Monitor your IP rights

Once that you have the registration of your intellectual property approved by the appropriate government, you should work on maintaining records so you can enforce your IP rights. This means that if you keep sufficient, historical documentation that undoubtedly establishes your entitlement to those rights, you have a better chance to prevail in a dispute over intellectual property rights. If you have adequate proof of your IP rights, government agencies will help you enforce your rights in accordance with law.

It is also valuable that you record copies of license agreements with administrative bodies, at national and local levels, since in most of the countries these administrative agencies have the authority to confiscate and destroy counterfeit good and impose fines.

Knowledge about intellectual property rights  and an understanding of the fundamentals of copyrights, trademarks and patents is vital in today’s global market. Many companies, however, fail to take the steps necessary to fully protect their valuable intellectual property assets. According to government agencies, more than $500 billion in legitimate global sales is lost each year to counterfeit goods. You may have no legal recourse against imitations if counterfeiters are the first to register your company’s name, logo or product design, among other intellectual property, in other foreign countries.

It is a common misconception among many business owners that trademark protection is obtained by incorporation or by filing of a partnership or assumed business name. Such business name filings, however, do not protect your business name as a trademark. Only federal registration of your trademark provides any assurance that you can use your name in the marketplace of interstate commerce.

Copyright subsists in original literary dramatic musical and artistic works. Concept of originality means the originality in expression of the ideas and not in origin of the ideas. Further, it must originate from the author and labour and skill should be expended sufficiently to impart to the product some quality or character that originally the material did not possess.

The objective of copyright law is protecting the original literary, dramatic, musical and artistic works, cinematograph films, sound recordings, broadcasting rights and/or performers right. “Copyright” in Section 14 of the Copyright Act is defined to mean an exclusive right to authorize the doing of any of the acts as prescribed therein. It confers copyright protection in the following two forms:

(A)Economic rights of the author, and

(B) Moral Rights of the author.

Nevertheless, Conditions for subsistence of Copyright under the Copyright Act 1957 are as under

Ø For an author

1. The Author should be a citizen of India or must be domiciled in India.

2. For any work of Architecture it should be located in India.

Ø In case of Publication

1. The work should be published in India.

2. When the work was published outside India, the Author was a citizen of India at the time of publication, or if the author is dead he should be a citizen at the time of death.

Meaning of infringement

Infringement of copyright means the unauthorized use of material covered under copyright law, in a manner that violates one of the copyright owner’’s exclusive rights, i.e. right to reproduce or perform the copyrighted work, or to make derivative works. It is a fact that all ”infringing copies” of a work in which copyright subsists are deemed to be the property of the owner of the copyright. The owner can sue for the recovery of possession of the copies.

Copyright in electronic and audio-visual media,

Copyright infringement is the unauthorized reproduction and distribution commonly referred to as piracy.

Copyright in literary work

Copyright in literary work is infringed when without a licence granted by the owner of the copyright or the Registrar of Copyrights under the Act or in contravention of the conditions of a licence, so granted or of any condition imposed by a competent authority under the Act the infringer

1. does anything, the exclusive right to do which is by the Act conferred upon the owner of the copyright or;

2. When any person makes for sale/hire, or sells/lets for hire, or by way of trade displays or offers for sale/hire; or distributes either for the purpose of trade or to such an extent as to affect prejudicially the owner of the copyright of the literary work

For Computer websites

Infringing Copyright in a web site is when a party violates one of the five exclusive rights given to copyright owners under the Copyright Act. Those rights are the right to prevent others from reproducing or copying a work, publicly displaying a work, or distributing a work. An Internet service provider can also be found liable for copyright infringement even if not directly engaged in the copying of protected materials, as is explained in more detail in the section on ISP liability.

A web page creator must follow the specified guidelines while designing a webpage.

1. The popular way of obtaining images is to create them in a drawing or other image creation program. It is important to start from scratch rather than from someone else’s creation because even if an image is significantly altered, the new image may infringe upon the copyright in the first image thereby being classified as a “derivative work.”

2. The moment an original image or string of text is fixed on a hard drive for the first time, it is protected by copyright. Therefore, any further unauthorized copying of a protected image is an infringement of the creator’s copyright, unless the use falls within one of the very limited exceptions to the copyright law, such as “fair use.”

3. Some web sites provide free images that are for use by others. These images can be used in a web page, provided the terms proposed by the image creator are followed. However, these sites only require that some type of credit is given to the author, including a link back to the author’s site. In the event the images were misappropriated at some point and were not original creations of the alleged author they may infringe the copyright rights of the original author.

4. In addition, Developing Java Applets, Java Scripts, and ActiveX scripts i.e text and pictures, is normally a violation of copyright law to appropriate scripting or programming from someone else without permission. On the contrary many parties have made their scripts and applets available for use by the public and use is allowed as long as requirements set forth by the programmer are followed.

Defences for infringement

Fair Use

However, subject to certain conditions, a fair deal for research, study, criticism, review and news reporting, as well as use of works in library and schools and in the legislatures, is permitted without specific permission of the copyright owners. Some of the exemptions are the uses of the work:

i. For the purpose of research or private study,

ii. For criticism or review,

iii. For reporting current events,

iv. In connection with judicial proceeding,

v. Performance by an amateur club or society if the performance is given to a non-paying audience, and

vi. The making of sound recordings of literary, dramatic or musical works under certain conditions.

Remedies against infringement

The remedies available against infringement are independent and can be pursued simultaneously or separately.

Civil remedies could be a Suit for injunction restraining the impending infringement or continuing infringement. Suit for damages can be claimed. These suits can be presented before a Civil Court of competent jurisdiction within the territorial limits in which the plaintiff resides or the cause of action arises. The procedure required to be followed is the procedure prescribed in the Civil Procedure Code. The limitation for filing the suit is three years from the date when the cause of action arises.

Criminal Remedies for the owner of copyright and also for any other person would be to initiate criminal proceedings, by filing a complaint before the competent First Class Magistrate within whose jurisdiction, the plaintiff resides or the infringement takes place or deemed to have taken place. However, only those who are affected by the infringement can initiate prosecution.

Collective administration means management and protection of copyright in works are undertaken by a society of owners of such works. Apparently, no owner of copyright in any work can keep track of all the uses others make of his work. Therefore, when he becomes a member of a national copyright society, that society by its organisational facilities and strength keeps a better vigil over the uses made of that work throughout the country and collect due royalties from the users of those works