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Questions tagged [intellectual-property]

For questions concerning the ownership of ideas, designs and creative work. Specific IP tags include copyright, trademark, and patents.

2
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2answers
82 views

What is the legal significance of stating that one does not own or claim rights in an uploaded youtube video?

I mean often you see uploaded videos containing content presumably copyrighted by 3rd party with the uploader stating: "I don't own any rights in this video" What effect does stating such have? Is ...
2
votes
1answer
43 views

Do sports figures control the right to use their name in a game?

In sports game simulations, do real people control the ability to use their name? I am not talking about their likeness, only their name. So, for example, if there is a game that uses generic figures ...
0
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1answer
41 views

Is it legal to quote a copyrighted work in a tweet?

For example, if you want to tweet a humorous riff on a certain William Carlos Williams poem, would that actually be legal? Examples (though I don't mean to single anyone out): https://twitter.com/...
0
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0answers
34 views

Ownership of a machine learning model conceived using employer's data

I want to experiment with my employer's proprietary data to create a machine learning model. My employment IP agreement states that this model would not be in the same domain as its operations, thus, ...
0
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0answers
26 views

Fair use of hardware/software configuration data

I’ve searched through the questions/answers here and after reading several, I’m still confused about this situation. Wile E. Coyote has purchased the latest and greatest Road Runner Acquisition and ...
0
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2answers
69 views

Is a book formatting subject to copyright laws?

I'm an IT professional who happens to be interested in EU law. Currently and for the next about 2 years I am tasked with writing a rather lengthy document (estimations are about 1000 to 1,200 A4 ...
7
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1answer
145 views

Hacking devices to unlock features: Legal or not?

There are 2 models of multimeter, A and B. Physically they are absolutely identical, yet model B has some functions unlocked, that are locked in model A. B costs about $400 more than A. If one tampers ...
1
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1answer
118 views

How to find the angle between Mickey Mouse's ears as specified in an official trademark?

The Walt Disney character Mickey Mouse's two ears sit on top of his head in such a way that the silhouette looks a bit like a water molecule, with the head as the oxygen atom and the two ears as the ...
2
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1answer
27 views

Reselling Value Added Products?

Imagining this scenario: I buy a miniature Intel computing product, that comes with a pre-installed Windows operating system for personal usage. Can I repurpose it by installing a customized Linux ...
1
vote
1answer
27 views

Work contract and own IP

I'm in contract negotiations with a company which have a trial period before offering full-time employment. Reading the contract, I felt the wording around own IP was a little vague. I am working on ...
22
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6answers
12k views

How can saying a song's name be a copyright violation?

I received an E-mail newsletter inviting me to watch a chorus perform several songs that were arranged for this occasion. They are also selling tickets, so I don't know if half of the profit is sent ...
0
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0answers
21 views

IP How to avoid writing out Assignment of Inventions

Most (all perhaps) software-related employment contracts want you to list out your prior inventions. I would like not to disclose some of my "inventions" (past projects and such). Wondering how I can ...
29
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1answer
4k views

Can a significant change in incentives void an employment contract?

Recently over at The Workplace there was a question regarding an employee withholding valuable information that they developed in their spare time. According to their employment contract all ...
1
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1answer
115 views

Is Van Gogh's Starry Night in the public domain?

The image I am talking about is here: The Wikimedia page indicates that: This work is in the public domain in its country of origin and other countries and areas where the copyright term is the ...
2
votes
0answers
56 views

Can I remove a watermark applied by a software on my own work?

I was wondering if I can remove a watermark from an image created by me. I used a software to create the image (namely, Visual Paradigm Online): if I subscribe to a commercial license, the software ...
2
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3answers
142 views

Can someone legally use the word Java in a business name?

Assume someone wanted to open a real estate office and wanted to use the name Java Realty, would that violate the Java (programming framework) trademark?
0
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2answers
54 views

Can I make a copy of a well-known movie or video game character in my own artistic style?

If I were to take a well-known character from a movie or video game, lets say Super Mario, and I drew an image of him in my own art style, completely from scratch. Would I be infringing on Nintendos ...
1
vote
1answer
40 views

Inventorship 101

Let's say that Peter asked Alice to run a process (X) with the objective of achieving (A). Peter gave Alice part of the execution plan to achieve (A). I other words, the idea of doing (X) to achieve (...
0
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1answer
16 views

Can trademark attorneys advertise in UK?

In some countries, it's illegal for trademark and patent attorneys to advertise. Is it also the case in the UK?
2
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2answers
144 views

Is it legal to pose as a competitor's customer?

If company X wants to find out information about company Y's online product, is it illegal for X to hire a contractor to pose as a customer using false details? Assuming no documents are signed, has ...
1
vote
2answers
45 views

Copyright Law for Logo Design that Incorporates a Royalty Free Vector Design [closed]

I am designing a logo for a for profit company. This logo design consists of letters that represent the name of the company but also incorporate a silhouette of a city skyline merged with these ...
10
votes
3answers
2k views

Can pricing be copyrighted?

Say a service is offered with pricing for 1 hour, 2 hours ... 12 hours. Assume there is some sort of custom calculation used to determine discounts after the first hour (e.g. if the first hour is $100,...
0
votes
1answer
98 views

Sue the Girl Scouts

Some Girl Scouts have rebranded their Samoa cookies into Momoas. Could Jason Momoa sue the Girl Scouts for using his likeness without his permission? Or would this constitute some fair use or public ...
1
vote
1answer
72 views

Is it legal to create a carbon copy of an application?

A couple of days ago, an acquaintance of mine asked for help with an application for his non-profit company. This application was already done previously by people who the client hired previously. He ...
1
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1answer
32 views

IP ownership in software contract clauses

Many software contract templates will say something along the lines of "All intellectual property [...] that is developed or produced under this Agreement, will be the sole property of the Client." ...
-1
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1answer
65 views

Can I use a copyrighted work made by a company if that company is out of business?

So I have considered sharing music clips made by a company and am worried about getting sued. The company in question has gone out of business a few years ago. I also tried to look up the work in ...
3
votes
3answers
77 views

What is the legality of using patented hardware with open-source software?

I'm working with hardware from a company that is very serious about intellectual property protection. There are over 2,000 patents filed on the technology this hardware enables. The hardware is ...
0
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0answers
15 views

Does the “Expired - Lifetime” status of US patents allow all types of future use of the IP?

I recently found a patent that has expired this month after almost 20 years. The original inventor still has not done anything substantial with his idea, and frankly, it is a really cool and doable ...
0
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0answers
21 views

Would this be an Infringement of expression of pacman in my own game?

In my mobile game I use a top down maze which the player navigates. I have been careful not to mimic the expression of games like pacman, and it is by no means a pacman rip off or anything to do with ...
1
vote
1answer
29 views

Music Law - what type of liscence is required?

I am a playwright designing a show for the cruise line industry and am curious about the rights and licenses that apply to using popular music in my show. I intend to play the popular music, (as the ...
1
vote
1answer
50 views

Can Snapchat sue me if I use name “Snap” in my commercial project?

I plan to name my commercial web project as ____Snap. My website will be unrelated to what SnapChat is offering and in a different industry, but idea of short living content is the same.
2
votes
1answer
70 views

Is making a home music server legal?

I am planning to make a Local-Area-Network personal music server program. The idea is that the program lets you host your music so you can stream it from any of your devices on your local network (...
2
votes
1answer
64 views

Who, at a company, is allowed to release code under (open source) license?

Suppose I wanted to release some code I wrote for my employer as an open source project, who at the company would be allowed to do that in the eyes of the law? I ask about open source, but I suppose ...
4
votes
2answers
198 views

Is it legal to unlock artificially limited hardware yourself?

Some companies sell hardware that is limited by some means, so that they can charge for upgrades. For example some Tesla cars have batteries with some capacity unavailable to the user unless they pay ...
0
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1answer
31 views

Is it work-for-hire if the hirer doesn't own copyright on collective work?

Per https://en.wikipedia.org/wiki/Work_for_hire#Law_in_the_United_States, work done by an an independent contractor may qualify under work-for-hire if it's a contribution to a collective work. But ...
0
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0answers
31 views

Do you have to surrender “ideas” in intellectual property transfer?

I'm looking at an MSA for software services that reads, in part, emphasis mine: Contractor agrees that all of the work product produced under this Agreement, including without limitation all notes, ...
1
vote
1answer
45 views

Does publishing code under open-source license remove property rights?

I have done substantial work on some software that I plan to continue to develop and improve during the course of my next employment. The contract has something to the effect of All code created ...
14
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1answer
3k views

Do people have the right to comment or live blog professional sports in the United States?

Do private persons have the freedom to live blog or comment on games on progress in professional sports? For example, can a web caster watch the game on TV and then give his running commentary and ...
1
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0answers
15 views

Consulting: Are financial models and presentations considered IP?

I am putting together consulting agreements for my advisory business, which focuses on strategic advisory to executives and investors. As part of my work for clients, I will be putting together a lot ...
0
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1answer
129 views

Email commitment possibly broken by big company

So here is the story: I email company A asking for a specific service they provide. They tell me to describe my idea and I ask explicitly for confidentiality (but not NDA just expressed) which was ...
0
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0answers
21 views

Invention assignment in case of live/work arrangement in California

Section 2870 of the California Labor Code protects an employee's ownership in personal inventions so long as these inventions are ... developed entirely on his or her own time without using the ...
2
votes
1answer
51 views

Video Copyright: Can I mix my videos to one video and copyright one time?

Suppose I have a large number of videos and I want to register the copyright on them so others can't copy them and use them. Instead of paying for each registration alone, is it okay to mix all of ...
0
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1answer
44 views

How do I legally quote one or two lines of lyrics in a novel I plan to publish?

I've been thinking about publishing my novel on SmashWords and CreateSpace after having written it five years ago. However, in a paragraph, I quoted two lines of Lyrics, but didn't give the name of ...
2
votes
1answer
22 views

Protecting IP of video subject

I have several projects and inventions the development of which I would like to chronicle on YouTube, however I'm also aware of the risks in doing so as anyone viewing the videos would be able to ...
1
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2answers
35 views

License to grant intellectual property of paper created in a company [closed]

Is there a license -Open Source license, maybe- which grants the intellectual property on a paper (how-to guide, for example) I have created in a company, even if I work for it? I would like to make ...
4
votes
1answer
93 views

Can I sample my synthesizer's sounds to use in my own commercial game releases?

I bought a synthesizer (Yamaha CS1x) back in 1997. Recently I've been developing games for Android and iPhone and need a sound effects source. The CS1x might be useful. Is it legal for me to sample ...
1
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2answers
71 views

Intellectual property and storage medium

A State owned hard drive contains intellectual property belonging to an individual. Can the State remove that hard drive from the premises of the individual without his consent? EDIT: The property ...
0
votes
2answers
53 views

Can I use a branded product name and/or product pictures in their retail packaging in my paid cooking video?

I'm making cooking videos of my own recipes for selling on line. In order to help viewers replicate my recipes exactly, I'd like to: Refer to brand-name ingredients in my video, e.g., "Great Value ...
1
vote
1answer
47 views

Does copyright law extend to ideas expressed in movies?

My main question is in regards to ideas expressed in movies, but which are not fully explored. For example, if a science fiction movie presents a race which has a particular habit or nuance which is ...
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0answers
13 views

Can the name of a fictional place be used on merchandise?

If I were to sell apparel with say the name of a fictional organization would I need special permissions or licensing? Ex: Yakatomi Towers was from the movie 'Die Hard'. Could I sell apparel with '...