SWA 43 Essay Example | Topics and Well Written Essays - 250 words

SWA 43 - Essay Example The issue for determination in the case is whether there was infringement of intellectual property right to warrant a remedy. There exist three classes of intellectual property rights: patent, copyright, and trademark, for which a property owner is protected. Copyright laws protects a property owner’s interest by offering an â€Å"exclusive right to control reproduction, distribution, public performance, and display† of a subject intellectual property (Fas, p. 1, 2). A patent on the other hand protects a property owner from other parties’ imitation of the property or dealing in the property while trademark laws protect a party’s registered symbols. Violation of the copyright laws constitutes both civil and criminal liability with infringing copyright laws leading to remedies such as injunction and damages (Halpern, Nard and Port, p. 43, 169, 170; Fas, p. 5, 6). In the case, Rick published a song which was, without his approval, performed at a bar leading to infringement of his copyright rights over the song. He is therefore entitled to an injunction to stop further performance of the song at the bar. Fas. â€Å"Intelectual property rights violations: Federal civil remedies and criminal penalties related to copyrights, trademarks, and patents.† CRS Report for Congress. 31st October 2008. Web. 20th July 2012. < http://www.fas.org/sgp/crs/misc/RL34109.pdf