Patents, Copyrights, and Trademarks, Oh My!
From USPP Wiki
Contents |
[edit] Introduction
The phrase "Intellectual Property" is a term widely used when discussing Copyrights, Trademarks, and Patents. However, this term has the disadvantage (among others) that it generalizes these three separate provisions of the United States' law into a single, easily-confused word. In fact, it creates the illusion that they are all parts of the same laws, and that there are boundaries between the three.
This is not true. Copyrights, Patents, and Trademarks serve different purposes, and as such different laws define them, codify what is a violation, and set penalties for violations. As such, when referring to Intellectual Property, it is easy to confuse the actual issue at hand. When referring to the restrictiveness of US laws about Patents, Copyrights, and Trademarks, one should use the term Intellectual Rights. However, when referring to a specific case in which one or more of the three ideas that are encompassed within IR is what you are really thinking about, use that term.
But which word did you intend to say?
[edit] Trademarks
Trademarks cover distinctive symbols, logos, and well, pretty much anything else distinctive. Their purpose is to prevent consumer confusion.
Most likely, most United States Pirate Party members will come into contact with debates about trademarks the least. Trademarks were, until 1946, only protected by state common law. In 1946, Congress passed the Lanham Act, which assigned control over Trademark enforcement to the United States Patent and Trademark Office (USPTO): U.S. Code: Trademarks
[edit] Copyrights
Copyrights cover specific expressions of ideas, but not the ideas themselves. Their purpose is to promote creation and distribution of creative works. [Citation Needed]
Copyrights were first implemented in the United States (after the Revolutionary War) with the Copyright Act of 1790, at which time they had a length of fourteen years with a fourteen year extension. Their core provisions stayed unchanged, more or less, until 1976. Up until 1976, copyrights had crept slowly up to a twenty-eight year term with a twenty-eight year extension. In 1978, Congress changed this to Life +50 or +75 for corporate works. They also codified Fair Use (which previously was common law) and made registration of the copyright optional for copyright protection.
The Sonny Bono Copyright Term Extension Act extended copyrights by a term of 20 years, but didn't change most of the essence of copyright law.
The Digital Millenium Copyright Act, however, did. That made distribution of anything whose purpose could allow users to circumvent [Citation Needed] digital control mechanisms was made a criminal offense (complete with up to 5-year prison terms and half-million dollar fines).
[edit] Patents
Patents cover new and innovative ideas. Their sole purpose is to reward innovation. [Citation Needed]
* Patents section is obviously not finished.
