Power Point Slides to Accompany The Legal Ethical

Power. Point Slides to Accompany The Legal, Ethical, and International Environment 6 E, by Bohlman and Dundas Chapter 16 Property Law and Intellectual Property and Computer Law © 2005 West Legal Studies in Business, a division of Thompson Learning. All Rights Reserved. 1

Two Kinds of Property n Real property n n n Land surface, airspace, those materials below the surface and those attached permanently to the land Conveyed by deed Personal property n n Everything else Sold by using a bill of sale © 2005 West Legal Studies in Business, a division of Thompson Learning. All Rights Reserved. 2

Other Ways to Classify Property n Tangible property n n Intangible property n n Visible and has physical existence Invisible value Fixtures n Personal property so closely associated with real property to which it is attached that the law views it a real property n Example: kitchen cabinets © 2005 West Legal Studies in Business, a division of Thompson Learning. All Rights Reserved. 3

Types of Tenancy n n Tenancy in common Joint tenancy Tenancy by the entirety Community property © 2005 West Legal Studies in Business, a division of Thompson Learning. All Rights Reserved. 4

Estates n Freehold estates n n n Fee Fee Life simple absolute simple defeasible simple subject to a condition subsequent estate Non-freehold estates n n Tenancy for years from period to period at will by sufferance © 2005 West Legal Studies in Business, a division of Thompson Learning. All Rights Reserved. 5

Transfer of Ownership n n n By inheritance or will By eminent domain By adverse possession By conveyance by deed Recording statutes Nonpossessory interests n Example: Easement © 2005 West Legal Studies in Business, a division of Thompson Learning. All Rights Reserved. 6

Acquisition of Personal Property n Possession n n n n Mislaid property Lost property Abandoned property Purchase Production Gifts Wills or inheritance Accession Confusion © 2005 West Legal Studies in Business, a division of Thompson Learning. All Rights Reserved. 7

Bailment n Delivery of personal property without transfer of title by one person (bailor) to another (bailee) usually under an agreement for a particular purpose n Example: Parking your car in a parking garage © 2005 West Legal Studies in Business, a division of Thompson Learning. All Rights Reserved. 8

Rights of a Bailee n n n Compensation or reimbursement for keeping bailed property Unpaid compensation entitles bailee to a lien on the bailed property and the right of foreclosure Limits his/her liability Possession allows actions against third persons who damage the bailed property Insurable interest in the bailed property allows bailee to insure and recover under the insurance policy for loss or damage © 2005 West Legal Studies in Business, a division of Thompson Learning. All Rights Reserved. 9

Duties of Bailees n n n Exercise reasonable care over the property entrusted to him/her Return the goods to the bailer or dispose of the goods according to the bailor’s directions Cannot use or profit from bailed goods with certain exceptions © 2005 West Legal Studies in Business, a division of Thompson Learning. All Rights Reserved. 10

Intellectual Property and Computer Law n Intellectual property n Concerns the creative processes that flow from a person’s mind n Computer law n n Involves a wide range of statutes and common law Must distinguish between hardware and software © 2005 West Legal Studies in Business, a division of Thompson Learning. All Rights Reserved. 11

Types of Intellectual Property n n n Copyright Patent Trademark Service mark Trade name Trade secret © 2005 West Legal Studies in Business, a division of Thompson Learning. All Rights Reserved. 12

Computer Law and E-Mail n Business has potential civil and criminal liability when it uses e-mail © 2005 West Legal Studies in Business, a division of Thompson Learning. All Rights Reserved. 13

International Considerations n n Universal Copyright Convention Berne Convention Paris Convention Digital Millennium Copyright Act © 2005 West Legal Studies in Business, a division of Thompson Learning. All Rights Reserved. 14

Summary n n n n Two Kinds of Property Other Ways to Classify Property Types of Tenancy Estates Transfer of Ownership Acquisition of Personal Property Bailment n n n Rights of a Bailee Duties of a Bailee Intellectual Property and Computer Law Types of Intellectual Property Computer Law and EMail International Considerations © 2005 West Legal Studies in Business, a division of Thompson Learning. All Rights Reserved. 15