Intellectual Property

Copyright protections exist to protect the rights of creators of new and original works. A copyright means that the original creator of the work (or their agent) is the only one allowed to distribute, display, reproduce, make derivatives of, or perform their work in public. There are various types of works that can be copyrighted under U.S. law. This includes the following: Literary works Musical works Dramatic works Pantomimes and choreographic works Pictorial, graphic, and...

Patents are granted to protect the rights of inventors and businesses that create unique and useful products for society. However, there are times when others infringe on a patent, and patent holders may pursue legal action against another entity for patent infringement. This could result in monetary damages being awarded to the patent holder or an injunction being ordered against the infringement. Patent Infringement Litigation Basics When patents are issued by the U.S. Patent and...

The “fair use” law (the “doctrine fair use,” “the fair use doctrine,” etc.) is the law that allows for parts of a copyrighted work to be used without the permission of the owner. Fair use is a common defense to copyright infringement lawsuits or accusations. If successful, a fair use argument means that unauthorized use of copyrighted material is excusable so long as it falls under the “principle of fair use.” We can turn to...

A patent is a right granted to the inventor of a product by the government that permits the inventor to prevent others from making, selling, or using the invention for a specific period of time. Patents are incredibly important, and the patent system was designed to encourage individuals and companies to create inventions that are useful and unique to society. Patents are so important that Congress was given the power to grant them by the...