Questions tagged [intellectual-property]

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

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14 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 ...
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2answers
27 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: ![Text](https://stackoverflow.com/image.jpg) Or you can click the "Image" icon in the ...
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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 ...
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1answer
88 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 ...
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0answers
11 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 ...
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1answer
26 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 ...
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2answers
497 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 ...
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1answer
24 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 ...
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1answer
49 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 ...
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1answer
54 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 ...
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0answers
41 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 ...
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1answer
52 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? ...
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1answer
23 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 ...
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0answers
21 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 ...
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4answers
128 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 ...
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1answer
85 views

To whom does copyright of an item belong, if a computer program is used to create it, according to the Deutsches Urheberrecht?

Section 69b of the German Copyright Law "Deutsches Urheberrecht" states that: Where a computer program is created by an employee in the execution of his duties or following the instructions ...
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1answer
902 views

Can the word “Cola” be used for commercial purposes?

I want to start doing some media stuff on YouTube etc and would like to have the word "Cola" in my name (e.g. names like ColaFinder, ColaCabin, StaleCola etc.). Now I am trying to figure out ...
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1answer
16 views

What are the intestate succession rules for intellectual estate (literary works) in India?

My father passed away without a will. He has some unpublished books that I'd like to publish. However as a will does not exist, I am not sure how the copyright or ownership of the intellectual ...
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1answer
63 views

You use 1000 3D models in an animated movie, accidentally only one was not yours, then what?

So you record an animated movie in some software and spend hours and years working on it, but shoes on one of the characters were not your copyright and IP. What can the original owner now do? Can he ...
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1answer
40 views

Does using some software for research (intended for publication) count as “public performance”?

A specific example is section 2.1.3 of the NVIDIA license agreement: https://www.nvidia.com/en-us/drivers/geforce-license/, from which I quote: No Sublicensing or Distribution. Customer may not sell, ...
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16 views

Can you patent product based on another companies IP

If I had a prototype for a product that was heavily based on another company's IP is there any way I can get legal protection for the product's design? I don't want to go and sell the prototype to the ...
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1answer
26 views

Can you protect graphical designs through written form?

Let's say you design a spider-man costume, but instead of drawing it you write it. To what extent can you protect a graphical design through written form? Using common sense, I would say no since the ...
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4answers
3k views

How do you protect your intellectual property when you're about to write a screenplay?

How do you protect your intellectual property when you're about to write a screenplay? Is there any particular step you can take in order to make sure that the intellectual property stays firmly in ...
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2answers
83 views

Is it legal to use others Youtube videos on my website to teach people

First time in this exchange community, if my question needs editing please let me know. I'm wondering is it legal to use/embed youtube videos on my own website (domain in canada). What the website ...
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1answer
51 views

Are there any legal issues for commercial emulator software?

There are many emulators for old computer and game console systems (like C64, ZX Spectrum, Amstrad CPC, NES, Sega, etc). But all I know about are free and open-source software. I was not able to find ...
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1answer
43 views

Australian laws to protect employees general skills against IP claims

I live in Victoria, Australia. When signing a contract for software development industries, the employers tend to write the contract agreement conditions too broad to protect their IPs. When searching ...
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1answer
152 views

Confused about Intellectual Property Rights

I have applied for a job as a software developer in the UK and have been sent back a contract which has the following wordage: You agree that all rights to all material created in the course of your ...
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1answer
68 views

Could signing an intellectual property agreement for an algorithm coding job prevent me from working in a similar industry later?

I am a computer coder / algorithm developer and am just getting started in industry where I know I'll have to deal with IP agreements. In particular, the question I'm asking here came about because I ...
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0answers
58 views

Using the same font style & colours of Monopoly - not a board game but a different industry: Real Estate [closed]

Bob in Australia wants to use the same font, colours of the Monopoly board game for his rebranded real estate office - Monopoly Real Estate - Your Next Move - here in Australia. (The name has been ...
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1answer
2k views

If trademarks are ultimately enforced by who used it first and not who registered it first then what is the real point of registering?

From all that I've read, trademark disputes are ultimately decided by which entity was the first to use the trademark and not which entity was the first to register it. The word "use" can be ...
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2answers
153 views

Question on intellectual property and contracts

Alice invents a widget and receives a U.S. patent for her invention. In return for payment, she grants Bob an exclusive license to manufacture and sell the widget. Carol decides to make knock-off ...
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2answers
36 views

Reasonable to assume mobile application trademark protection will allow for robust competition?

The USPTO 009 International Class category for trademarks, which covers "recorded and downloadable media, computer software", is where every mobile application seeking trademark protection ...
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2answers
120 views

Is this “Works for Hire” language enforceable?

I am reviewing a job offer that includes this Works for Hire clause: Works for Hire During the term of your employment, you may create an idea, process, trademark, invention, technology, program, ...
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1answer
61 views

What are the laws on taking a photograph in someone’s bedroom and posting it online without permission from homeowner?

Someone takes a photo of themselves in their friend’s bedroom, without their friend’s knowledge or consent, and posts it online. Some of the art on the wall is handmade by the friend, and was not ...
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1answer
29 views

What is “sufficient cause” for USPTO regarding filing extension?

I read on the USPTO website the following: a first request for an extension of time will generally be granted if a sufficient cause is shown. [...] The requests will be favorably considered where ...
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1answer
42 views

How to enforce an MNDA? [closed]

If you believe the company you signed an MNDA with is violating the terms by ripping off your IP, what is your first course of action? How about your second and third? Can someone knowledgeable in ...
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1answer
77 views

Can photographs of landmark properties be used commercially?

Can photographs of historic landmarks be used commercially? For example, let's say a bank used a picture of Marble House in Newport RI in advertisements of their banking services. Could the trustees ...
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2answers
2k views

If I have posted my own “homebrew” content on RPG.SE, and plan to publish it (after revising based on feedback), what credits am I required to give?

I have posted numerous homebrew features on Role-playing Games Stack Exchange, and I have used advice gotten from that site to balance most of them. If, one day, I publish the subclass, would I be ...
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2answers
76 views

Could Apple legally steal a leaked design and claim it as their own?

Almost every year, millions wait in anticipation to hear about what new products will be announced during Apple's scheduled launch events. Weeks and days before, the press publishes photos obtained ...
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2answers
42 views

Using a similar concept and art style to cause confusion

Super Zoo Story is a game in development that is accused of ripping off Stardew Valley. One of the issues is that the game uses a very similar pixel art style, similar themes, and above all gives they ...
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1answer
98 views

Idea-expression dichotomy

Would it lead to copyright protection if one were to record someone's speech, a speech in which the most half-baked ideas are advanced with such conviction that the general public takes them seriously?...
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1answer
71 views

Can I post on Twitter a stock photo without paying?

Found a cool image: https://www.gettyimages.co.uk/detail/photo/urban-crowds-of-people-from-above-royalty-free-image/1180113568 There are many jurisdictions: Twitter jurisdiction Getty Images ...
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2answers
133 views

My employee used someone else's work. Am I liable?

Suppose that an employer has hired a work-for-hire employee who was directed to produce some work for the employer. It was clearly stated in their contract that everything submitted by the employee ...
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1answer
30 views

Ownership of work done by freelancer using their own licenses

I have hired freelance workers for my commercial project. They own licenses for the products I want them to use (Adobe software) to create illustrations. An Adobe representative told me that whoever ...
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1answer
83 views

Is Udemy course material copyrighted

Udemy claims that all the videos and course content are copyrighted, but does that also hold for the material of the course? For example, could someone use an app from a Udemy course as a starting ...
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3answers
108 views

If one is the owner of an MIT licence, can that person relicense the software?

Suppose that someone (S) has supervised a group of students for a school project to produce software. This software is licensed under the MIT License and the copyright notice caries the name of the ...
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1answer
31 views

Is there an official glossary of intellectual property terms in the UK?

I am writing a research paper on how intellectual property rights terminology in Russia compares to that in the UK. I am looking for an official glossary or a standard approved by the UK government ...
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1answer
60 views

Is news aggregation for headlines only legal?

Is it legal to display recent news that are collected from multiple news sites on my page? The goal is to show daily news (100 articles), side by side, that are collected from an api. Single instance ...
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2answers
61 views

Can novel investable securities have intellectual property rights?

Let's say I'm a bank, and I create this really popular investment product I'm selling left and right (for example, say I'm Lewis Ranieri, and I invented the mortgage-backed security). This product is ...
2
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2answers
42 views

Are there any major changes in patent law, besides AIA, in the past two decades?

I'm referring to important rulings or legislation changes that impact how firms apply for patents or how they approach patent strategies.

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