BLAW 430 Lecture Notes - Lecture 4: Trade Secret, Reverse Engineering, Competitive Intelligence
Document Summary
Must include copyright, year, and name of owner. Putting this on your work takes away the defense that someone did not know that the work was copyrighted(innocent infringement) If a work is created after january 1, 1978 then copyrights last for the life of the author and then another 70 years. Copyright infringement: two elements: defendant copied from the work; and, access and similarity (if no direct proof of copyright, the copy is substantially similar to the copyrighted work. Independent creation: permitted by statute, earlier work was not copyrightable, fair use. Attorneys fees, injunctions, actual damages, statutory damages(up to 150k per infringement for willful) 2: reasonable steps are taken to protect its secrecy. Is not known to the general public; and. You cannot have patent protection and trade secret. Trade secret- as long as it stays secret. Trade secret - protect against someone who does it wrongfully, reverse engineering isn"t wrong though.
