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Ch 11- Com sci (Objectives: (Determine whether or not you agree with those…

- - - - Trademark:
        
        Lasts as long as they remain in use, although they need renewal every 10 years.
        
        Catch: Trademarks must be attached to a product i.e. for Rowling's work to gain protection under trademark law - she must enter into licensing agreements, allowing others to make spin-off products like hats, notebooks, toothpaste etc.
      - Copyright:
        
        Lasts for a fixed period of time. Copyright Term Extension Act of 1998 -> copyright on works published after 1978 now lasts for the author's life + 70 years.
        
        Precedence: Warner Brothers, Inc. v. Columbia Broadcasting Co. Turned out whether Warner Brothers' motion picture rights to the novel the Maltese Falcon included the right to enjoin author Dashiall Hammett from using the characters in sequels. The court allowed Hammett to continue to use his literary creations, but it also decided that characters were mobile pieces in relation to the work...the wholeness & totality of which is crucial to copyright law.
        
        Copyright in Britain - includes the following sentence: The moral right of the author has been asserted.
        
        No such sentence appears on the copyright page of the American edition. US authors do not have moral right.
        
        In American trademark law -> it is not necessary to demonstrate use before registering a mark, it simply stakes out the author's claim.
        In other countries 1st registration guarantees the monopoly.
      - RESULT: the characters -> the mere vehicles for telling the story were now seen as less predictable as authorial creations than the work itself.
        Trademark law is supposed to protect the public, guaranteeing that the buyer could expect the same values & qualities received with the last purchase.
        
        However, invasion of this principle means that the trademark comes to ensure that the merchant owner of the mark is protected against infringers.
        Harry Potter has become a symptom of a legal system designed to benefit capitalism more than moral or artistic values.