Ba 200 1st Edition Final Exam Study Guide Chapter 15 Business Property Intangible Personal Property o Patents Copyrights Trademarks Trade Names Trade Dress Patents o 20 Years From Filing 14 Years for Design Patent o Exclusive Rights to Use and Profits o Using the Idea Without Consent Constitutes Infringement Copyrights o Protect Authors of Books Magazine Articles Plays Movies Songs Dances Photographs o Runs For Lifetime of Author Plus Seventy Years o 120 Years From Creation or 95 Years From Publication Which Ever is Shorter if Company Holds Rights Great Gatsby is not copyrighted but our textbook is o Federal Statutes Sonny Bono Copyright Extension Act Digital Millennium Copyright Act Computer Software Copyright Act of 1980 o Works Automatically Copyrighted But No Suits Can be Filed Until the Copyright Office is Given a Copy o Damages Include Profits Costs Attorney s Fees o Fair Use is Permitted Short Quotes Research Copies Criticism Commentary and Parody Trademarks o Words Pictures Designs or Symbols Used to Identify a Product o Lanham Act of 1946 and Subsequent Amendments Provide Protection o Recent Changes Allow Registration Prior to Use of the Trademark o Dilution Federal Trademark Dilution Act an Amendment to the Lanham Act Passed in 1996 Protects against dilution of trademarks and includes both profit and non profit uses Trade Dress o Colors Shapes and Designs Associated With a Product Work uniform o Penalties for Infringement Civil suits Criminal penalties Infringement and the Web o Cyber Infringement Federal Trademark Dilution Act Applies to Internet Self enforcing o Cybersquatting the common law notion of squatter s rights prevails Enforcing Business Rights o Misappropriation Protects business trade secrets such as the customer list Some theft espionage or bribery must be used to obtain secret information Chapter 11 Environmental Regulations Common Law Remedies o Nuisance Interference with use and enjoyment Damages and injunction possible Statutory Environmental Laws o Air Pollution Regulation Air Pollution Control Act 1955 Clean Air Act 1963 Air Quality Act 1967 1990 o Clean Air Act Amendments of 1970 EPA authorized to establish standards EPA approval required for plans Economic and technological issues o Clean Air Act Amendments of 1977 Non attainment areas Prevention of significant deterioration PSD areas o 1990 Amendments to Clean Air Act Focuses on smog alternative fuels toxic emissions and acid rain Federal implementation plan FIP Plans must use maximum achievable control technology MACT o 1990 Amendments to Clean Air Act Acid rain covered Sulfur dioxide pollution from factories and coal fired generating plants Affected small businesses such as dry cleaners paint shops and bakeries o Water Quality Act of 1965 Created Federal Water Pollution Control Administration FWPCA States required to establish water quality standards No enforcement procedures states did little o Water Pollution Regulation Rivers and Harbors Act of 1899 Prohibited discharges into navigable waters Most industries got around the act quickly by obtaining the permits required under the act o Water Pollution Regulation Federal Water Pollution Control Act of 1972 Federal government responsible for standards and control National Pollution Discharge Elimination Permit NPDES Renamed Clean Water Act in 1977 o Safe Drinking Water Act Passed in 1986 States responsible for enforcement but must have minimum federal standards for drinking water systems o Oil Pollution Act of 1990 Passed in response to huge spills like Exxon Valdez Companies must either clean up spill or pay federal government its costs for the clean up Applies to all navigable waters up to 200 miles offshore BP and the Troubling History with Budget Cuts o Texas City Refinery 15 deaths 170 workers injured 4000 suits totaling 2 1 billion in damages OSHA found 271 safety violations at the plant they were not addressed prior to the explosion Post explosion 439 willful and egregious violations o Findings on BP Atlantis problems Employee safety officer You only ever got questioned on why you couldn t spend less Statutory Environmental Laws o Solid Waste Disposal Regulation Toxic Substances Control Act of 1976 EPA controls manufacture and disposal of toxic substances Resource Conservation and Recovery Act of 1976 Regulates methods of disposal through a permit system Discourages dumping Superfund o SUPERFUND Comprehensive Environmental Response Compensation Liability Act CERCLA Suit can be brought to recover funds expended from company responsible for the dumping 1986 amendments Superfund Amendment and Reauthorization Act EPA can now sue to recover clean up funds from those who are responsible o Liability For Clean Up Cost May Extend to Lenders o Under the Asset Conservation Lenders Liability provides exemptions for banks and Deposit Insurance Protection Act of 1966 Lenders are Protected From Liability So Long as They Do Not Participate in the Management of the Property o Four Cases of Responsible Parties Owners and operates at the time of contamination Current owners and operators whether they were responsible for the contamination or not Transporters of the hazardous material Those who arranged for transport of the hazardous materials o Guidelines for Self Audits The violations were uncovered as part of a self audit or due diligence done on property The violations were reported to the EPA within 10 days There is correction of the violations within 60 days There is a written agreement that the conduct will not recur There is no serious harm to anyone as a result of the violation Brownfield Issues o Many CERCLA Sites That are Abandoned and or Unused Environmental Quality o Environmental Quality Regulation o National Environmental Policy Act of 1969 Requires federal agencies to file environmental impact statements for all major actions EISs Only for projects that require federal funds o Content of EIS Environmental Impact Statement Environmental impact Adverse effects Alternatives New effects short term versus long term Irreversible effects Other Environmental Laws o Other Regulations o Noise Control Act of 1972 EPA and FAA regulate noise pollution for Aircraft o Pesticide Control Act Must register with EPA to ship Must label all pesticides o Occupational Safety and Health Administration Responsible for work place environment and safety issues o Asbestos Hazard Emergency Response Act AHERA Schools must inspect for asbestos and take action Duty to