What is Mr Lowry selling or sharing?
If it is not his own original creation, does anyone else legally own it enough to exclude him from selling or sharing it?
Copyright
def: copyright: grants the creator of an original work exclusive rights to its use and distribution, usually for a limited time, with the intention of enabling the creator of intellectual wealth (e.g. the photographer of a photograph or the author of a book) to receive compensation for their work and be able to financially support themselves.
scope: applicable to any expressible, fixed form of an idea or information that is substantive and discrete. In the US, copyrightable works include:
(1) literary works;
(2) musical works, including any accompanying words;
(3) dramatic works, including any accompanying music;
(4) pantomimes and choreographic works;
(5) pictorial, graphic, and sculptural works;
(6) motion pictures and other audiovisual works;
(7) sound recordings; and
(8) architectural works.
proving elements of copyright infringement
plaintiff must prove:
(1) ownership of a valid copyright, and
(2) actionable copying by the defendant of constituent elements of the work that are original.
fair use defense
four non-exclusive factors the court will consider:
1. the purpose and character of one's use
2. the nature of the copyrighted work
3. what amount and proportion of the whole work was taken, and
4. the effect of the use upon the potential market for or value of the copyrighted work
Patent
def: patent: the right granted to anyone who invents any new, useful, and non-obvious process, machine, article of manufacture, or composition of matter.
def: patent from wiki: A patent (/ˈpætənt/ or /ˈpeɪtənt/) is a set of exclusive rights granted by a sovereign state to an inventor or assignee for a limited period of time in exchange for detailed public disclosure of an invention. An invention is a solution to a specific technological problem and is a product or a process
A patent does not give a right to make or use or sell an invention. Rather, a patent provides the right to exclude others from making, using, selling, offering for sale, or importing the patented invention for the term of the patent, which is usually 20 years from the filing date subject to the payment of maintenance fees.
There is no "fair use defense" for patent infringement.
This took <10 min to google and compile. I did not cite my sources.
I can write a book on American History if I want, and I do NOT have to give one dime to the teachers who taught me, do I ???
