Questions tagged [intellectual-property]
For questions concerning the ownership of ideas, designs and creative work. Specific IP tags include copyright, trademark, and patents.
612
questions
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11 views
Scraping legal disclosure reports to build a database?
I am thinking of scraping business related data from websites like the UK's National Storage Mechanism, where all UK publicly traded security issuers must periodically report various bits of ...
0
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1answer
36 views
Can I use a pen name that is a trademark?
I am about to publish my first novel under a pen name. This is not the name, but I will use the example of Monique Jay-Wood. I have done a trademark search and "Jay Wood" is trademarked. Is it better ...
1
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2answers
47 views
Resources for assigning employee intellectual property back?
As an employee of a software company they own my personal time projects, this is not in question. That said, my employer is quite reasonable about said things and at least verbally quite willing to ...
0
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0answers
54 views
Distributing (for free) defunct software with valid license [duplicate]
I'm thinking about creating and distributing for free a virtual image with Ubuntu that has installed the latest original software from a defunct software provider with valid (paid) licenses.
From ...
2
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0answers
61 views
Is it okay to use my own software for a job with another company?
Over the last year I setup (registered) my own company so I could do freelance and contracting. I also produced some digital products for sale on the app stores.
During that time I built a very ...
1
vote
1answer
67 views
Are all emails confidential?
I have a workmanship issue regarding vinyl siding installed on my home which the contractor refuses to address. We’ve had several email exchanges. Can I publish his email replies?
I’d like to include ...
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0answers
20 views
Copying job ads from top brands
Is it illegal to copying job posting from top brand's websites ie: Facebook, Google, Amazon, TCS, Tesla, SpaceX etc?
Such brands always post open job position:
Is it illegal to spider/crawl or ...
1
vote
1answer
54 views
Are intellectual property indemnity clause, which requires the employee to indemnify the employer, enforceable?
Jurisdiction is England (UK), and it's a clause in an employment contract (permanent).
The following question has been posted on reddit, and I happen to be on the same boat.
I've been offered a ...
0
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1answer
53 views
French stance on intellectual property rights for content creatd by artificially intelligent entities
French intellectual property rights consider the "author" as the holder of intellectual property rights for their creation. Now, artificially intelligent, or creative, computers can generate content ...
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0answers
61 views
Registering game studio
So I understand that the situation I'm enquiring about is probably quite unique, strange even but here goes:
A conglomerate of strangers-come-friends on Discord have together to try and make/publish ...
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0answers
70 views
Developing a video game set in a real life castle
I am developing a videogame set in Sychrov castle in Czech Rep. As far as I know, it belongs to the state itself and is old enough to be protected by copyright. So my concern is about a general usage ...
0
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0answers
19 views
Is value-at-risk methodology patented? [migrated]
If a software provides calculation of value-at-risk based on some text book methods (say the one described by John C. Hull), does the publisher of the software become liable to any claims for ...
1
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1answer
35 views
Assignment of Inventions to employer - exclusion of Inventions assigned or licensed to me?
A NY law employment contract states in a section entitled All Inventions are Exclusively the Property of the Firm:
Employee assigns to the Firm... without any additional consideration, all of ...
2
votes
1answer
45 views
License of a code resulting from following a Youtube tutorial
I was following this tutorial on YouTube - https://youtu.be/V_lAhqLXT9A where you download some starter files and then edit them according to the tutorial to make a website.
I wonder what legal ...
0
votes
1answer
17 views
Is a stock power form the same as the stock purchase agreement?
From what I understand I need to complete the stock purchase agreement inoders to fully/legally own all shares in my company. I understand that I need to fill out some sort of form or create and sign ...
4
votes
3answers
80 views
Volunteer Created Work: Who Owns the Copyright?
A volunteer creates many works for a nonprofit, without signing anything or giving ownership of the works to the nonprofit. The work is used, but after about a year, the volunteer resigns and, a month ...
0
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2answers
111 views
Is it advisable for a person write his own contract if he is good in english but don't know legal jargon?
A lawyer scared me by saying, yes you can right your own contract but chances are most of your clauses won't hold in court cause you don't know legal jargon.
However, I know english and my english is ...
2
votes
2answers
58 views
Using a public domain opera, recorded by someone else, in a parody
I found a YouTube video of a public domain opera, and I want to use the sound portion in a musical parody. I will only use parts of it, alter it dramatically, and wish to claim "Fair Use." Is it ...
0
votes
1answer
52 views
Prevent IP from hostile transfer to another company
Our software company has a kick-ass product, which is the only thing of value to the company. What measures can I take to ensure the IP remains within the company?
I have heard stories that a ...
1
vote
1answer
109 views
Can trade secrets be so broad that they prevent employees from working in the same field or doing academic research?
We all know that employees have a duty not to disclose or use trade secret information. But can trade secret be defined so broadly that, because of the duty of non-disclosure, an employee can no ...
0
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1answer
39 views
Can I enter into an IP contract with my own ltd company before having investors in?
I spent 4 years developing an App. Recently I started a Proprietary Limited company (I'm in Australia). Me and my wife are the only directors.
Before getting share holders into the company, is it ...
4
votes
3answers
151 views
If a no-deal Brexit happens will EU provisions on reverse engineering be nullified?
As it stands the UK implements an EU law which prevents the reverse engineering of proprietary software with few exceptions, could this change once we leave the EU?
0
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1answer
36 views
Does the USPTO distinguish between downloadable software regarding trademarks?
Trademarks protect marks within their own categories, which can loosely be defined as fields or industries. However, some categories, like IC009, which covers downloadable software, is very broad. As ...
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2answers
57 views
Signing on Behalf of a Minor
Background: I want to sign an NDA, however, I am a minor. As a member of the Disclosing Party, there are clauses within the NDA that state that "any files written with names developed by the ...
0
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1answer
64 views
Can a beer brewery and liquor distribution company have almost the same names, since they are different classes/categories?
If a beer brewery has already trademarked the name barrelhouse, and I own a liquor distribution company, for wine and spirits, that I wanted to trademark as barrelhouse selections would this pass?
0
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1answer
25 views
Unsolicited ideas clause in terms of service in the context of corporate email contact links?
Most term of service contracts have a unsolicited ideas clause that contains language like:
suggestions or ideas relating to enhancements, new or improved products, technologies
etc.
If the ...
1
vote
1answer
50 views
Claiming Stolen Information in an NDA
Set Up: A unilateral NDA is created in the state of Rhode Island between a Receiving Party and a Disclosing Party. This is a basic patent NDA that grants the Receiving Party the ability to see the un-...
-1
votes
1answer
44 views
Contract for Securing Intellectual Property
Is there any sort of legal contract in the United States (Rhode Island) one could make without a lawyer that would state that a disclosing party owns a certain idea and that the receiving party may ...
0
votes
1answer
89 views
Way to Claim an Idea for under $200 [closed]
I have recently come up with a very interesting concept in engineering that I would also like to share with peers. However, I am relatively fearful that someone may hear the idea and make it or patent ...
1
vote
1answer
38 views
Can I protect a logo against registration by publishing it to GitHub with a licence?
Can I use GitHub to release a logo with the CC BY-NC-ND licence aside? Would this legally prevent anyone from registering it since the release dates are tracked by GitHub?
Edit: Assuming that I ...
0
votes
2answers
44 views
Legal issues in hiring an artist the create artwork for commercial use
I am thinking of hiring an overseas artist from Upwork to do the drawings for me.
Just wondering if there any legal issues in me doing this and using the artwork in YouTube videos that may generate ...
1
vote
2answers
71 views
Naming a product using the first letter of a persons name?
I was thinking about naming our products using the first letter in a cause or person that we'd like to bring attention to. For our first product I was thinking FS R, with the last letter being the ...
-1
votes
1answer
32 views
Find the status of an IP
I've been trying to find a way to check the status of IPs, specifically if an IP is in the public domain or not.
But despite my best effort, I have been unable to find a way to check for that kind of ...
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votes
1answer
78 views
Could I get around a copyright by changing one small thing
I am trying to make a computer program that simulates another computer. I want to simulate something called the Scott CPU (from here). Could I change a small thing about it and not have to ask for ...
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2answers
75 views
File copying and deletion before employee leaves to competitor
This may be a mundane question but I cannot find an answer for it, as the law is not my area of expertise.
If an employee is under contract and copies files (on mass to a personal cloud storage) for ...
1
vote
1answer
74 views
Who owns my idea? Me or my company? [UK] [closed]
I work in a small, specific, applied software development niche. The industry I operate in is relatively small and everyone knows everyone. Recently myself and a colleague have been floating the idea ...
0
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0answers
15 views
Can a company take unique a domain name if it was registered before the company registered a trademark? [duplicate]
I have a website that I use for an open source program that has a unique name that has not been trademarked. Since I do not use it for commercial purposes, would I be protected if a company decided to ...
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vote
1answer
63 views
Can a company legally use their competitor's name in their tag line without permission?
Say a new company, NewCo, wants to use the name of their competition, BigCo, in their tag line without BigCo's permission. Something like:
NewCo — (Like BigCo, only newer)
Is this legal? Is it ...
2
votes
1answer
163 views
Why can Disney sue you for a photo of a Disney tshirt on your website?
My wife sews things and she likes to put photos of her creations on her blog. Now we found, that people received cease-and-desist warnings (with a 1000€ charge) for putting photos of clothing on their ...
0
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1answer
60 views
Unable to understand this text in a deed of assignment of intellectual property [closed]
"The assignor has agreed to assign to the Company all of his intellectual property rights and title, interest in and to assigned rights relating to the business, technologies, software, products and ...
0
votes
2answers
97 views
Violating a country's law outside that country
Assuming that a reporter from country B called Bob has somehow got a video from country A. He then puts in on a news page that is open to the whole world. Later, A citizen called Cob from Country C ...
1
vote
1answer
64 views
Rights protection on Google Play
I'm faced with a problem with Google Play. We have an application which was complained by trademark violation. This situation a little questionable by our opinion but lawyers say that our application ...
1
vote
2answers
56 views
Work for hire as a contractor without payment, can you withhold IP?
Context: Canadian law; contract work; software IP
If a contractor signs a work for hire agreement at the outset of a project and agrees that all work done for a company is the company's IP, can the ...
1
vote
1answer
41 views
US Patent Law: Can a consumer of patented technology be held liable?
Under US patent law, if a company releases a product or technology based on a patent which they do not have the rights to, can the end-user / consumer of this product or technology be held liable by ...
1
vote
1answer
124 views
Does a 16yo without a work permit have rights to the code he was paid to develop?
I am sixteen, and I have a summer job for a software company.
In my state (Maine), a work permit from school is required for someone of my age to have a job but it was never filled out. I assume ...
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votes
2answers
51 views
If I answered questions on a web forum, does it violate US copyright for me to publish the exchange?
Suppose on a web forum I answered a series of questions from different individuals.
Suppose I then wanted to publish and sell the exchange as an ebook. Is this a violation of copyright in the US?
...
1
vote
1answer
96 views
If a licensee creates a derivative work, do they own the work?
This is a follow up to this question asked on freelanceing SE. The background is, I know some clients want to hire an app developer but want to own everything created. As the developer it would be ...
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0answers
36 views
Can I produce or write my own recipe book based on what my action in cooking using other's recipe book or online?
I have done my research but the stack exchange provides no further answer that I needed. My research is as follows:
A StackExchange user comments
Selection and ordering of the recipes could be a "...
1
vote
1answer
30 views
Creating products and inventing during employment and assignment of inventions
(I need to ask this question again since I did not have enough information last time. Now I have access to full set of documents I signed including: NDA, Assignment of inventions etc....)
If I create ...
1
vote
2answers
95 views
Leagalities of recreating a website design but not using publically
I am wanting to try and "copy" a website design, for an example let's use facebook. What I am going to do is simply try to recreate the page layout completely from scratch. The only resources I will ...
