Questions tagged [intellectual-property]
For questions concerning the ownership of ideas, designs and creative work. Specific IP tags include copyright, trademark, and patents.
849
questions
3
votes
1answer
130 views
If you create something by following a YouTube tutorial, who owns it?
There are many videos on YouTube that teach you how to program. If you search "HTML/JavaScript/Python/[insert any programming language here] tutorial" you will find them. Some of these ...
1
vote
1answer
20 views
What are the implications if I include third party logos in the acknowledgements section of my copyrighted book?
I am writing a book on my recent research. I am going to register a copyright for this work and publish the book through a major publishing house (Springer). My editor and I have agreed in our ...
0
votes
2answers
41 views
How short do my audio samples have to be to respect copyright?
The specific use case I'm interested in involves build a database of audio samples for a musical algorithm (e.g., detection of genre or mood) with the intention of later distribution of the database.
...
1
vote
2answers
78 views
Copyright infringement on contents posted by website users
Someone has a website like YouTube, so registered users can post any videos. A user posted a video that is a copyright infringement. Can the copyright owner sue the website owner for this?
I have read ...
1
vote
1answer
60 views
Copyright infringement on my own designs
Can someone steal my website design and then after creating her/his own website sue me for copyright infringement?
I have such a assumptions because of this:
While it is easier to take action against ...
2
votes
1answer
45 views
Do I need to keep paper copyright registration certificates?
Every time I register a copyright with the US Copyright Office, they eventually send me a fancy "Certificate of Registration" printed on heavy, patterned stock. I scan it and then file it ...
0
votes
1answer
57 views
How can I make a sculpture substantially different?
A customer showed me an unremarkable angel figurine she had commissioned. Now that I've seen it, is it possible for me to make her another angel that is not derivative?
Two people in the shop did not ...
1
vote
1answer
37 views
Does secret or semi-secret prior art invalidate granted patents when presented?
An example would be inventions from the former Soviet Union that were officially secret, then some became semi-secret as they leaked into the public realm but so obscure that only very narrow circles ...
1
vote
1answer
59 views
Is it legal to distribute a mixtape?
Rap/hip-hop artists often distribute albums as "mixtapes." Are people actually free to redistribute them?
For example, take Lil Wayne's No Ceilings album: DatPiff.com has been distributing ...
0
votes
0answers
49 views
Can recursive acronyms for projects consist trademark brands?
Example of known recursive acronyms:
GNU - GNU's Not Unix
Linux - Linux Is Not Unix
Can you use similar approach by including into your project name the letters from major registered trademark ...
0
votes
0answers
35 views
Do I own the copyright of a source code if I work only part of it as a freelancer
If a group of freelancers work on a project without a contract from the client(this one refuses to pay), who own the copyright of that source code? I know in the US, one who write the code own the ...
0
votes
2answers
46 views
What happens if there is no formal agreement between two app developers
Suppose two people, A and B, developed an ios app together doing equal amounts of work.
Suppose that they don't have any written agreements and never registered a company. A registered himself as an ...
31
votes
6answers
11k views
If my electronic devices are searched, can a police officer use my ideas?
On my phone, I have many different ideas for startups, books, and other creative endeavours. Most of them are probably (or certainly) worthless, but a few have some potential. As I understand it, ...
0
votes
3answers
78 views
Can books about a public figure use that person's image without their permission?
If an author writes a book about a public figure, like, for example Tonya Harding, can the book author then put on Tonya Harding's picture on the cover of their book without Harding's permission?
1
vote
1answer
41 views
Hardware principles / designs - can some be copyrighted or they are patented only?
I generally understand the difference of copyright and patent, however, as software programs are copyrighted, I began to doubt that all hardware specifics are patent protected only. I'm particularly ...
0
votes
0answers
46 views
Creating a new Rest API that allow to download contents from publicly accessible website
Let say I am planning to create a new Rest API web service
Which allows to download contents from a given URL
End user can provide a URL and set which item they like to download, it could be images, ...
0
votes
1answer
111 views
Can a Mexican employer really claim rights to IP created before the start of employment if not declared?
THE EMPLOYEE expressly acknowledges that pursuant to Article 163 of the Mexican Labor Law, all rights to any inventions, improvements and any intellectual property rights
(“Intellectual/...
2
votes
2answers
104 views
Is it legal to reimplement iOS algorithm/framework on Android?
I'm a software developer with experience in CoreImage - very powerful native iOS/OSX framework for image processing. I admire its efficiency, understand how it works internally and want to roughly ...
6
votes
5answers
945 views
General Foundation for Understanding IP Law?
This seems to be a recurring problem, both on this site and elsewhere, and including my own questions. Lots of specific-detail-type problems that may seem like that's all they are on their own, but ...
0
votes
0answers
80 views
Why do some online services and cloud apps market their security and privacy based on legal jurisdiction?
I noticed many privacy focused apps make a point of selecting which country their servers and data is stored in. Why is this and is their reasoning valid? For example this article compares the cloud ...
3
votes
1answer
85 views
Legally "give" Intellectual Property without explict charge?
Summary: I'm an IT contractor, and have some self-made source code (my IP) to solve certain problems a lot of clients have. I want to legally "give" that IP to my clients, without explicitly ...
0
votes
0answers
55 views
Can I make use of intellectual property if my employer does not make use of it?
I have recently made an invention (software) at work and my employer is deliberating wether or not to file a patent.
There are several pros and cons to filing a patent and it is unclear what the final ...
0
votes
0answers
27 views
Can I use the font Collegiate FLF for commercial use without legal consequences?
I would like to use the typeface Collegiate FLF, the designers went out of business back in 2003 - Casady-Greene
I have been searching for a commercial license for this typeface to no avail. I am not ...
0
votes
2answers
95 views
NDA over a video call
Do I need to force participants in a remote video call to sign a paper NDA before the video call?
Or is it enough to mention in the video call something like this after recording the video call:
This ...
0
votes
1answer
48 views
How to protect IP for product being developed outside company hours and resources
Suppose that a person is a data scientist employed by the data analytics arm of an auto maker.Suppose this person is continuing my old research and developing a software product:
outside of company ...
0
votes
1answer
51 views
Can a non-profit organization use a patent without paying a licensing fee if it makes no money on its own invention?
Can a non-profit organization use a patent without paying a licensing fee if it makes no money on its own invention? Let's assume that the company designs a chip based on the x86 architecture and then ...
1
vote
1answer
120 views
Does use of university servers give them ownership over IP?
I'm currently pursuing my undergrad at an Indian university. I (and a few of my batchmates) have created a website in our free time, for which we intend to apply for a patent. The website was ...
0
votes
1answer
69 views
Am I violating IP if I name my mobile app the same as an existing one?
I am just starting development on a new gym app and have a name that I really want to use for it, however, upon searching the app stores (Apple App Store & Google Play) I have found an existing ...
0
votes
2answers
48 views
When you publish a novel, are all the parts of the novel copyrighted as well or only the whole novel?
When you publish a novel, are all the parts of the novel copyrighted as well or only the whole novel? I am asking the question, because the lightsaber were introduced by different other sci-fi novels, ...
0
votes
1answer
48 views
Copyright rights without T&C
Suppose that a developer created an online back-office application, a database, and a UI for a startup business run by the developer's wife and a partner.
These items have a copyright notice in their ...
2
votes
2answers
132 views
Can you sue a company for lying to you?
Can you sue a company for lying to you? Let's say that you are negotiating a contract for the rights over the Harry Potter franchise, because you wrote it. Does the company that wants to buy the ...
0
votes
1answer
55 views
Owning rights/intellectual property
5 years ago my wife and her friend set up a business with no other employees at all until this date. I created the website, backoffice application and database (the data in there is not mine so they ...
0
votes
1answer
39 views
Reading and discussing research articles on Twitch? [duplicate]
I want to start a channel on Twitch where I do academic research in philosophy while streaming. I'd like to be able to read significant parts of what I'm reading out loud and/or show part of the ...
5
votes
1answer
52 views
Can a contract bind you to signing other agreements in the future?
I recently had an IP contract be sent to me, and the following term is putting me off guard: (The Participant) upon request, shall promptly sign all instruments and agreements and perform any action .....
0
votes
1answer
43 views
Doubt about rights in a project
I worked on a project financed by a state agency in my country, Peru.
The legal representative of the project before the organization called Innovate Peru, died recently, the last year and a half due ...
1
vote
1answer
38 views
Is it possible to get declaratory judgements for fair use of intellectual property?
I am working on a book that among other things analyzes news stories. In some cases I want to include the text of those stories in the book as examples. The problem, of course, is that these stories ...
0
votes
2answers
49 views
What is the difference between hotlinking and uploading to an image site WRT copyright?
If one wants to include an image in a post here you have two options. You can use the inline format:
Or you can click the "Image" icon in the ...
4
votes
1answer
1k views
I want to send a cease & desist letter, but the infringer has no contact info [closed]
I am the developer of a program called EditVideoBot, a video and photo editing program that operates out of Twitter, Discord, Telegram and its own API, with over 250,000 users collectively. I've been ...
0
votes
1answer
117 views
Can you seize a company's intellectual property if it was created using your platform?
Can you seize a company's intellectual property if it was created using your platform? Can you put something in the user agreement that allows you to seize any intellectual property created using your ...
0
votes
0answers
13 views
Can I use my GPL library in my proprietary application? [duplicate]
Suppose my company owns (in the sense: has the intellectual property of) libA, and another company owns appB. Then this other company can't use libA in appB, unless the license of appB is changed to ...
1
vote
1answer
30 views
Who owns the intellectual property an open-source project with external contributions?
Say a company has created a software product all by itself and decides to open-source it. As long as the contributions to the product are done by the company, the intellectual property of the the ...
4
votes
2answers
505 views
Use of a trademark instead of a business name
Can a trademark name be used instead of a business name in legal information such as web-site and product copyright notices, EULAs, Terms Of Use, Privacy Policy, etc., provided that the actual ...
0
votes
1answer
25 views
In software contracts, does "all right, title & interest in & to software" provide more protection than "all ownership right, title & interest in..."?
Seems that the addition of "ownership" here is limiting, but I'm not sure whether it really is or how it is.
If the language "supplier retains all right, title and interest in and to ...
-2
votes
1answer
53 views
How should I properly give credit for an image I will use in a software application?
I am making a computer application that I will receive payment for. I have found an image online with a creative commons license (CC BY) allowing it to be used for any purpose with attribution, and I ...
1
vote
1answer
59 views
Selling 3D prints of NASA satellites based on models from their website
I was wondering if it is legal to sell 3D prints of NASA satellites based on models that they have listed on one of their websites: https://nasa3d.arc.nasa.gov/models/printable. I don't see any notes ...
2
votes
0answers
45 views
EU trademark registered in bad faith
Company A has been using an unregistered trademark for 15+ years in the EU.
Newly established company B registers the trademark in EU, and sends a cease and desist to company A.
My understanding is ...
0
votes
1answer
54 views
Can you get patents invalidated without launching a civil lawsuit against a company?
Can you get patents invalidated without launching a civil lawsuit against a company? Can a person or a company let's say Samsung get a patent from Apple invalidated without launching a civil lawsuit? ...
1
vote
1answer
26 views
Quotes from Public Speech or book with POD business?
Please note, This question is a bit different than this one:
Intellectual Property Issues associated with a Public Speach?
I am trying to sell some T-shirts online by adding my artwork. At the same ...
1
vote
0answers
23 views
Intellectual property and AI: Is the output a derivative work of the training set?
Deep fakes are audio or video outputs of generative adversarial networks (GANs) that are trained on real audio/video and can be difficult to distinguish from that produced by people. Famously this ...
2
votes
4answers
130 views
What happens if you create something (e.g. a book/game/show) which includes copyrighted content, then release it into the public domain?
I assume it might be a problem if you have a Patreon or something where people support you for creating the content since you can technically be considered making money off of it even though it's ...
