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Patent and copyright law
Understanding Patent and Copyright Law
Patent and copyright law gives the inventor the exclusive rights to the invention. No one else can produce the invention for a set period of time under patent and copyright law. Patent and copyright law is set up to protect inventors. The law on patents can be found in the United States Constitution, Article 1, Section 8 and in Title 35 of the United States Code.
The agency that is in charge of patent laws is a Federal Agency known as the Patent and Trademark Office. Anyone who applies for a patent will have their application reviewed by an examiner. The examiner will decide if a patent should be granted to the inventor. Individuals who have their patent application turned down can appeal it to the Patents Office Board of Appeals.
Just because someone has a patent does not mean that they have the right to use, make or sell the invention. For instance, if a drug company comes up with a new drug, they can get a patent on it. However, it would not be available to be sold to the general public until the drug becomes approved by other regulatory bodies. Likewise, someone may invent an improvement to an existing product, yet they will not be allowed to produce or sell the item until they obtain a license to do so from the owner of the original patent holder.
For someone to receive a patent, as stated, they must fill out an application on their invention. The application will entail the details of the invention and how it is made. In addition, the person applying for a patent must make claims that point to what the applicant deems or regards as his or her invention. A patent may have many claims with it. The claims protect the patent owner and notify the public exactly what the individual has patented or owns.
If someone infringes upon patent and copyright law, it is usually enforced in a civil court setting. The owner of the patent will generally bring a civil lawsuit against the person who has infringed upon their patent and ask for monetary compensation. In addition, the patent owner can seek an injunction which would prohibit the violator from continuing to engage in any acts that would infringe upon their patent in the future.
Many patent owners will make licensing agreements (or contracts) with others. These agreements allow another person or company to use someone’s patented invention in return for royalties. In addition, some patent holders who are competitors may agree to license their patents to each other to expand both of their profits.
Most everything we use in our day to day life was invented by someone. That person had to seek out a patent for their invention. Patent and copyright law protects inventors from having their ideas and inventions stolen out from under them. This makes the playing field more level for individuals. Without these laws, the marketplace would be out of control and the small guy would probably be eaten alive by big business
Copyright Law Act The Copyright Law Act of 1976 The Copyright Law Act of 1976 is the basis of the United States copyright laws. The Copyright Law Act states the rights of copyright owners, the doctrine of the fair use copyright laws and it changed the term life of copyrights. Before the Copyright Law Act the law had not been revised since 1909. It was necessary that the copyright laws be revised to take into account technological strides that were being made in radio, sound recordings, motions pictures and more. The Copyright Law Act of 1976 preempted all previous laws that were on the books in the United States, including the Copyright Act of 1909. The Copyright Law Act of 1976 defines “works of authorship” to include all of the following: * Musical works * Literary works * Dramatic works * Pictorial, sculptural and graphics * Motion Pictures and Audiovisuals * Sound Recordings * Choreographic Works and Pantomimes * An eighth work which falls under “architectural works” was later added in 1990. What is unique about the United States copyright law is that it is automatic. Once someone has an idea and produces it in tangible form, the creator is the copyright holder and has the authority to enforce his exclusivity to it. In other words, the person is the owner of the creation. It is not necessary that a person register their work. However, it is recommended and it can serve as evidence if someone ever violates a copyright. It is interesting to note that when an employer hires an employee to produce a work that the copyright is given to the employer. Violations of US Copyright Law are generally enforced in a civil court setting. However, there could also be criminal sanctions brought against someone who violates US copyright law. Someone that is in serious violation of US Copyright Law such as counterfeiting can find themselves on the inside of prison looking out. People need to understand that the copyright symbol is not a requirement. Someone may have a copyright, yet their work may not have a copyright notice or symbol. US Copyright Law covers a wide range of things that are derived from artistic expression, intellectual or creative work. This includes things such as literary works, music, drawings, photographs, software, movies, choreographic works such as ballets and plays, poems, paintings and more. The law covers the form of expression, not the concept, facts or the actual idea of the work. This means that someone can use another person’s idea or concept and produce their own take on it. However, copying another person’s work is a violation. It should be noted that some things may not be copyrighted but they may be protected by a patent or trademark. Individuals who have a copyright on a particular piece of work can do with it what they will. They may choose to copy it and sell it. They may display their work or perform it in public and charge admission, or they can assign or sell the work to someone else. Individuals who have a copyright can also choose to do nothing with their work, if that is their desire. However, if someone comes along and takes the work and tries to use it in some way, that person is still in violation of the owner’s copyright. The Copyright Law Act covers published and unpublished work. Web Hosting - Managing Disk Space Few things are less exciting than managing the disk space that always seems to be in too short a supply. But few things are more important to the health and well being of your site. The most obvious aspect of managing disk space is the need to have enough. If you have only a few dozen web pages, that's not an issue. But as the amount of information (web pages, database content and more) grows, the quantity of free space goes down. That's important for two reasons. All permanent information on a computer is stored on hard drives. Temporary information is often stored in memory only. The two components are completely separate, though they are sometimes confused with one another. As the amount of free space on the hard drive decreases several effects occur. Here's one way to picture them... Imagine you had a table with a certain area and you lay out playing cards on the table. At first, you lay them out in order, the 2 at the side of the 3, then 4, and so on. But then you pick up one or two cards from the middle and discard them. Then you add some more cards. Pretty soon things look pretty random. Now cover the cards with a big opaque sheet of paper. You want the cards to appear in order when displayed to someone. A special robot could be designed to always pick up the cards from underneath the sheet in order. Or, it could slide a hole in the sheet over the cards to display them in the correct order (2, 3, 4, ...), no matter what order they are really in. That's similar to how the operating system always shows you information in a sensible way, even though it's actually stored randomly. Why should you care? Real files are stored in pieces scattered around the drive wherever there is space for them. The more free space there is, the quicker the operating system can find a place to store a new piece. That means, if you delete the junk you no longer need (and free up more space) the system actually runs quicker. It helps create space you might need, and allows the operating system to store files for you faster. But there's a second effect. As you delete old files or change them, the pieces get more and more scattered. It takes the 'robot' longer and longer to fetch or display the 'cards' in order. Existing files are fetched and put together 'on the fly' (say, when you request a graphical page or a list of names). But, it takes longer to put together the web page when there are more scattered pieces. So, the other aspect of managing disk space is to keep the pieces of the files more or less in order. A utility that does that is called a 'de-fragger' or de-fragmentation program. You can request that a system administrator run it, or if you have the authority, you can run it yourself. That keeps the 'cards' in order and allows for quicker access to them. So, managing disk space involves chiefly three things: (1) keeping enough space to store what you need to store, and also (2) keeping enough free space to make new file storage quick and (3) making old file retrieval fast by keeping things orderly. When only a few files are involved the benefit isn't worth the effort. But as the number and size of the files grow, to thousands of files or several gigabytes of data, the effect becomes more noticeable. Keeping things organized then makes a significant difference in performance. Much of this can be automated using utilities. Some will delete files in a certain folder older than a certain date. A de-fragger can be set to run automatically during times of light usage, or quietly in the background at all times. Discuss the options with your system administrator and help him or her do the job better by keeping your house in order. You'll benefit by having a better performing web site. |