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Intellectual Property Laws

Intellectual property is an umbrella term that encompasses the following: patents, trademarks, copyrights, and trade secrets. All of these terms help protect intellectual property. There have been many laws in relation to all of these elements over time. As the times change and new issues are raised, amendments and new laws are enacted to reflect these changes. Let us focus on the multitude of cases involving copyright issues. According to the finding of the 1985 case of Dowling v. United States, illegally made copies are not considered to be stolen goods. The 2006 case, Perfect 10 v. Google Inc., found that thumbnails in web searches are considered to be fair use. It was found, in the 2003 case Dastar Corp. v. Twentieth Century Fox Film Corp., that a trademark cannot preserve the rights to a public domain work. These cases are just the tip of the iceberg. If anything, they are an indicator of how quickly and frequently intellectual property laws can change.

Fast Facts

  • The first United States Supreme Court ruling on copyright was the 1834 case of Wheaton v. Peters.
  • The Wheaton v. Peters case found that common law does not apply to copyright law.

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