MMC 3200 Lecture Notes - Lecture 14: Digital Millennium Copyright Act, Aspirin, Super Bowl
Document Summary
The digital millennium copyright act shields internet service providers and video-sharing sites from copyright infringement claims if they remove material that a copyright holder tells them is posted without permission. The most common defense against a copyright infringement suit is fair use. *it is very difficult to predict how a court will rule on fair use. Criticism, comment, news, teaching, scholarship, research, parody, searchable database. Some courts consider this factor the most important. Used to distinguish them from similar products other companies make. Infringement occurs when there is a likelihood of confusion between the registered mark and a competing mark. Federal law prevents use of same or similar trademarks for dissimilar products. Dilution occurs when a well-known mark is used in a way that diminished the effectiveness of the mark, rendering it generic (ex: aspirin, xerox, kleenex) No infringement when used in news or information; or parody.
