Study Intellectual Property with expertly written law school outlines available in Full, Cram, and Bar exam formats.
Intellectual Property coverage spans the two bodies of law tested most heavily in IP survey courses and on the bar exam: copyright and trademark. The Copyrights outline walks through the subject matter of copyright under 17 U.S.C. §102 — original works of authorship fixed in a tangible medium — and covers the originality standard after Feist, the idea-expression dichotomy, the fixation requirement, and the categories of copyrightable works. Authorship and ownership are covered, including works made for hire (both employee works and the nine enumerated categories of commissioned works), joint authorship, and transfers under §204. The six exclusive rights under §106 (reproduction, derivative works, distribution, public performance, public display, digital audio transmission) are each covered with the relevant limitations. Fair use under §107 is treated with the full four-factor analysis (purpose and character including transformative use, nature of the work, amount used, market effect) and contemporary applications. Infringement, the DMCA safe harbors, duration, and remedies round out the outline. The Trademarks outline covers the Lanham Act §§32 and 43(a), the spectrum of distinctiveness (generic, descriptive, suggestive, arbitrary, fanciful), secondary meaning, the likelihood-of-confusion multifactor test (Polaroid and circuit variants), trade dress (Wal-Mart v. Samara, Two Pesos), dilution under the TDRA, famous marks, and registration procedures. Counterfeiting, cybersquatting under the ACPA, and functional limits on trademark protection are also covered. Available in Full, Cram, and Bar formats. Connects to Contracts (licensing), Remedies (injunctive relief, damages), and Constitutional Law (First Amendment limits on trademark enforcement). Search terms: fair use, Lanham Act, likelihood of confusion, trademark dilution, copyright infringement, originality Feist, work made for hire.