Focus On Intellectual Property Rights by George Clack (Editor)

By George Clack (Editor)

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Copyright Act were considered an appropriate means of tailoring exclusive rights to the need of that technology, namely, the need to make copies in the course of authorized use and the need to make backup copies to guard against mechanical failure or accidental erasure. Similarly, in 2002, the United States revised and adapted exemptions for educational use of works to accommodate new “distance learning” technologies that allow teachers to reach students via communications networks like the Internet.

E exploitation of public performance rights in musical works is a classic example in the United States. Typically, the value of any single public performance of a musical work is small. e class of users, which includes broadcasters, bars, restaurants, supermarkets, and the like, is extremely large. In aggregate, the value of this form of exploitation is substantial, but so is the cost of administering rights over such a large base of users. is inefficiency of the marketplace has largely been overcome in the United States through a familiar market-driven solution: collective administration of the right of public performance.

Lourie acknowledged that some traditional knowledge holders might want to keep certain aspects of their knowledge secret or limited to specific individuals or groups. If so, she said, they may want to take steps to guard their knowledge as a trade secret. In the United States, infringement of a trade secret is considered a type of unfair competition. 45 Within the United States, some Native American tribes are cataloging their tribal values in a way that fulfi lls the need for documentation and the need to limit outsiders’ access to information.

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