intellectual property

cookie

Definition

Information that a web server (i.e. a website) sends to a web browser. The browser stores the information in a text file, and re-sends the information to the server each time the browser accesses the server. The main purpose of a cookie is to help the server identify the browser. 

 

compilation

Under the Copyright Act, a compilation is a "work formed by the collection and assembling of preexisting materials or of data that are selected, coordinated, or arranged in such a way that the resulting work as a whole constitutes an original work of authorship. The term 'compilation' includes collective works." 17 U.S.C. 101. A compilation of mere facts may not be copyrighted. Instead, a compilation may only be copyrighted if there is a creative or original act involved, i.e. in the selection and arrangement of materials.

 

commerce

In 15 U.S.C. §1127:

 1) The exchanging, buying, or selling of things having economic value between two or more entities, for example goods, services, and money.  Commerce is often done on a large scale, typically between individuals, businesses, or nations.  

 2) The Lanham Act (trademark) provides that a mark is all be deemed to be in "use in commerce"

   (1) on goods when: 

 

collective work

Definition

A work, such as an issue of a magazine, an anthology or an encyclopedia, in which a number of contributions, constituting separate and independent works in themselves, are assembled into a collective whole. See 17 U.S.C. §101. This is relevant in the copyright law context. A copyright to a contribution to a collective work is not the same as the copyright to the collective work.

 

cease and desist letter

A cease-and-desist-letter is a cautionary letter sent to an alleged wrongdoer describing the alleged misconduct and demanding that the alleged misconduct be stopped. A cease-and-desist letter provides notice that legal action may and will be taken if the conduct in question continues. Such letters are usually written by attorneys and are often sent to stop alleged or actual infringement of intellectual property rights, such as copyrights, trademarks, and patents.

 

Berne Convention

The Berne Convention for the Protection of Literary and Artistic Works is an international agreement governing copyright, signed in Berne, Switzerland on September 9, 1886. The Berne Convention aims to help nationals of its signing countries obtain international protection of their right to control and to receive payment for the use of their creative works.

The United States became a party to the Berne Convention in 1989.

 

author

In copyright law, an author is a person who creates an original expressive work. The author is also the owner of the copyright unless the author assigns ownership to another in a written agreement. Examples of authors include artists, writers, programmers, choreographers, and translators.

If the work was made for hire, the employer or commissioning party is considered the author of the work.

 U.S. Constitution Art. I, §8, cl. 8

 

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