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N Cal Attorney
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Category: Intellectual Property Law
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Experience:  Since 1983
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what are the general principles for intellectual property rights

Customer Question

what are the general principles for intellectual property rights? ie: rule of law. i'm doing a research project on music infringement and copyright
Submitted: 4 years ago.
Category: Intellectual Property Law
Expert:  Ely replied 4 years ago.
Hello,



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Just a basic outline?





Customer: replied 4 years ago.
hey. basically i just need to know the break down for the rule of law. i have to prove that one of the principles were broken in order provide proof. ie: in negligence there is four basic principles (1) duty (2) breach (2) causation (3) damages - this makes a prima facie case.
Expert:  Ely replied 4 years ago.
A patent is an exclusive right to the inventor's property. That is, it excludes others from manufacturing, reproducing, and selling your invention for a set period of time.

There are actually three types of patents, and they are a utility patent, a design patent, and a plant patent. Different types of patents last for different time periods. Utility patents, which cover processes and machines, generally last for twenty years. Design patents, which are self-explanatory, generally last fourteen years, and a plant patent, which is for an inventor who has discovered and asexually reproduced any new variety of plants, generally lasts seventeen years. Once the prescribed time elapses, your patent expires, and your invention becomes public domain.Patents don't last more than mentioned, but enough for you to make a fortune and to establish yourself as a leader in the industry, so when the patent does expire, your product will be known and continue to have sales for its quality.

You may also want to have a trademark. A trademark is a word, name, symbol, or device that is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others. A servicemark is the same as a trademark except that it identifies and distinguishes the source of a service rather than a product. The terms “trademark” and “mark” are commonly used to refer to both trademarks and servicemarks.

Trademark rights may be used to prevent others from using a confusingly similar mark, but not to prevent others from making the same goods or from selling the same goods or services under a clearly different mark. Trademarks which are used in interstate or foreign commerce may be registered with the USPTO.

There is a lot more info on this. I can also help you find an attorney in your area who is affordable and can help you with this.

Also note that US patent is enforcible in US only, but world patents do exist and can be registered.

Best of luck in your matter. I'm here if you need any more clarification or follow up information.



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Customer: replied 4 years ago.
I don't need to know what intellectual property rights are i just need to know what the break down of the rule of law is for music licensing like were they acting in the scope of line of employment yada yada yada.
Expert:  Ely replied 4 years ago.
As in, what it takes to BREACH a patent and be liable?
Customer: replied 4 years ago.
yeah basically. but for music rights and licensing. another example is with respondeat superior theory and the elements of that are (1) employee was acting within the line and scope of his employment with subcontractor OR (2) in alternative the subcontractor ratified the employees acts OR (3) actions were in futherance of employers goals.

if any are proved it makes employer liable for employees actions

so basically i'm trying to find the elements of the rule of law for music copyrighting and what has to be proven. i'm sorry i know this is a pain.
Expert:  Ely replied 4 years ago.
No it's okay, but I am going to opt out of your answer and let another expert opt in to help you. No need to respond to this message. Additionally, you do not have to stay online – your question will remain active and an email will be sent to you as soon an expert answers it. My apologies for the inconvenience. You have not been charged. Good luck.
Expert:  N Cal Attorney replied 4 years ago.
Music copyright is covered in Circular 50, posted at
http://www.copyright.gov/circs/circ50.pdf

Circular 92 covers Copyright Infringement and Remedies, see
http://www.copyright.gov/title17/92chap5.pdf

I hope this information is helpful.

If those publications do not address your questions, please post again.

Edited by N Cal Attorney on 4/13/2010 at 8:31 AM EST

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