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DigiPen Law115

Study cards for DigiPen Law115 final

QuestionAnswer
Preponderance of Evidence Civil case, does not require as much proof as Beyond A Reasonable Doubt
Proof Beyond a Reasonable Doubt Criminal case: Requires 99% certainty that the defendant is guilty.
4 Types of Business Entities Sole Proprietor, Partnership, LLC, S or C Corp
What do you need for Mutual Mistake? Meeting of the minds, even though both parties are wrong.
What is the difference between dilution by blurring and tarnishment? Blurring: similarity of the marks and a resulting diversion from the famous brand to the newcomer’s mark Tarnishment: third-party use that creates negative associations
Definition of Fair Use Defense a limitation and exception to the exclusive right granted by copyright law to the author of a creative work.
4 Factors for Fair Use Defense 1. Purpose and character of use 2. Nature of copyrighted work 3. Amount and substantiality of portion taken 4. Effect of use upon potential market.
4 Guildelines for the Fair Use Factors 1. Noncommercial is favored 2. Creativity is protected more than factual work 3. Both amount and significance of copied material 4. Destroying the value of the copyrighted work is frowned upon
America Invents requires patents to do what first? First to file
What do Rights of Publicity control? 1. Name 2. Image 3. Likeness 4. Voice 5. Other identifiable aspects
Ways of discovering trade secrets: 1. Reverse engineering 2. Employee poaching 3. Loss of Protection 4. Independent Invention 5. Publishing in journal or web 6. Inadvertent disclosure
Definition of trade secret. a formula, practice, process, design, instrument, pattern, or compilation of information which is not generally known or reasonably ascertainable
What is mediation? A way of settling without litigation. A mediator gets the two parties to speak to each other.
What is arbitration? A way of settling without litigation. An outside party, such as a retired judge, will act as a judge.
Requirements of a law suit? 1. Type of claim 2. Identity of Parties 3. Concise statements of facts 4. Demand for relief
Definition of a contract A voluntary agreement containing definite terms by competent parties supported by a valid consideration and not induced by any misrepresentation.
How can contacts be performed? Definite written or oral words
Four part of a contract 1. Definite terms 2. Acceptance 3. Considerations 4. Offer
What is "Work of Authorship"? A product of creative expression that is original, tangible, is involves creativity.
Rights of Copyright 1. Reproduce 2. Right to prepare derivative works 3. Right to distribute copies 4. Right to perform 5. Right to display
Rights of Patents 1. Produced claimed invention 2. Use Invention 3. Sell or offer to sell 4. Import invention into U.S.
Two Types of Work for Hire 1. Employee/Employer 2. Other (Commissioned or signed agreement)
What does patent law protect? 1. Processes 2. Machines 3. Articles of Manufacture 4. Compositions of Matter
Damages for an unregistered copyright None
Damages for a copyright registered after infringement Actual damages only
Damages for a copyright registered before infringement 1. Actual damages 2. Statutory damages 3. Attorney's fees
Anatomy of a Lawsuit 1. Plaintiff 2. Defendant 3. Parties 4. Claim 5. Defense 6. Liability
Created by: rotaryblaze