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chapter 15 you decide part 1 - choose your path: intellectual property fraud
intellectual property generally means property rights in ideas; inventions; artistic works such as books, movies, and songs; and the like. the theft, piracy, or counterfeiting of intellectual property costs its owners billions of dollars each year and has become even more damaging with the rise of internet theft. the primary criminal laws aimed at intellectual property fraud are the federal copyright and patent acts and federal and state trade secret acts.
the copyright act, 17 u.s.c. § 506, protects books, movies, and songs once they have been published. any person who willfully infringes a valid copyright for economic gain violates the statute, and can be sentenced to up to 5 years in prison.
a case file has just been placed on your desk in which there is a complex set of circumstances thoroughly investigated and outlined that may or may not involve intellectual property fraud. as the prosecutor who was in line for the
ext big case,\ this one is all yours. as you begin to thumb through the pages and pages of information, however, you might just be wishing you had not been \the hitter on deck.\
what you learn about the case in your first glance through the file includes the following: according to the investigative team, a young concert promoter has been planning a \throwback to woodstock\ four - day concert event at an outdoor pavilion in the mountains of sunny colorado. in countless promotional pieces, e - mails, television spots, and radio ads, the promotion for this event has been billed as \todays woodstock.\ event organizers have lined up dozens of local and not - so - local bands who will be covering many of the songs from the woodstock era, as well as plenty of contemporary songs that also \fit the bill.\
in response to much of the advertising and marketing of the event, which has been substantial, several artists (including both those who performed at woodstock and those contemporary artists whose songs are included in the covers list) have filed an injunction suit, want the concert promoters to cease and desist immediately in the inclusion of their creative copyrighted material in both advertising materials and the concert event itself.
your unenviable job, as prosecutor, is to determine if the plaintiffs to this suit have a case. lets review a few concepts before you make a decision about this case. which of the following does the copyright act not protect? songs ideas
Copyright acts protect tangible - expressions like songs, not abstract ideas. Ideas become protected when they are expressed in a tangible form such as a book, movie, or song.
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