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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Meeting the “traditional” requirement for Protected Designation of Origin (PDO)

The EU's Protected Designation of Origin (PDO) scheme is defined in Regulation (EU) No 1151/2012 of the European Parliament and supplemented by Commission Delegated Regulation (EU) No 664/2014 (http://...
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335 views

Proprietary data formats: When converting to another format, when is it no longer proprietary?

I am an architect on a redesign of an old software system into a new system. One of the big problems of this older vendor based system is that it only communicated out on its interfaces in the ...
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68 views

Keygen legality

Say I own a Microsoft Windows license key, but I lose it. I have no proof of purchase or anything. Can I use a keygen, and use that key to use the same software that I technically own? I've done ...
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538 views

Is it allowed to sell 3D models of existing brands?

Case: I make 3D models for architecture. Now I made a bundle of IKEA furniture to use in my interior scenes. I do this for clients to give them a visual representation of what a room can be. Because ...
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26 views

“Commercial use” clarification

This is something I've run into several times now. A lot of biological samples are shared for research with a caveat in the MTA that they are "not for commercial use". What exactly does this cover? ...
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610 views

Disclosing prior inventions to company before starting work

I know some companies want on boarding employees to disclose to them any invention or innovation they have made. If you do not do this, can the company claim the invention or innovation as their own? ...
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25 views

License for an Internet radio with User feedback

I'd like to start an internet radio station app. The station will collect feedback, like thumbs-up and thumbs-down, from listeners in order to select the best songs to play next. The algorithm will be ...
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349 views

How do sites like Imgur avoid Copyright infringement?

How do companies like Imgur avoid getting sued. Some of their users upload copyrighted material. I want to build a site similar to Imgur, where the user can upload images and gifs. I am worried ...
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106 views

Copyright IP of own effort and the boundaries of “Capital asset” in IRS tax law, wrt. donations

In "Instructions for Form 8283"1, it says you can donate and deduct: Intellectual property. The FMV of intellectual property must be reduced to figure the amount of your deduction, as explained ...
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164 views

Could an American slave own intellectual property over things they created?

Say that an individual were a slave in the United States before the passage of the 13th Amendment to the US Constitution, abolishing slavery. Could such a slave own intellectual property over things ...
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54 views

Can I follow and make the similar to a state document that is open to the public

I am trying to make an Request for Proposal (RFP) and I found a similar one made by the state of NM. The RFP is open to the public; other parts are not as they are confidential. Can I make a similar ...
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268 views

How is NTFS licensed?

What are the restrictions on NTFS and in what ways can I use NTFS? Can I boot from NTFS without worrying about Microsoft suing me? Is it based on if I have a Windows license? I asked a similar ...
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58 views

I want to add a “like” functionality to my site, but will i get into hot water with Facebook?

I have a site that would I would like to add some "like" functionality to. After lots of digging I couldn't find any evidence to suggest that I would get into any bother with Facebook if I did. Does ...
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67 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 ...
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115 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 ...
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35 views

Is work done on paid time off “work for hire” in California?

I am curious about this, because my understanding was that unless my employment contract stated to the contrary, work done in my spare time without using company resources is not “work for hire” in ...
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1answer
358 views

Yacht Rock and the Intellectual Property Rights of Work Trademarked by a Second Party

So I'm curious about the legal standing of an IP trademark owned by a party that did not originate the concept, but which is using it, potentially to the detriment of the original work, to suppress ...
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74 views

Retrieve software on girlfriends computer

Ok this is a purely hypothetical question, I'm simply curious as to how this would play out. I'm a software developer, in order to make iOS apps you need a Apple computer to build/publish it on. ...
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233 views

Can I include (similar styled) art/characters from other apps in my free trading card game app?

Say I wanted to make a free (+no ads etc.) app which is essentially a trading card game but the cards consist of characters designed to be similar to ones from other apps. For example, one card would ...
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114 views

IP rights for using quotes?

If someone sells something associated to a famous quote from someone or something, how would they ensure that they are within the law to be able to do so? I'm very curious about how this would work ...
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1answer
97 views

Can I make my own barcode pattern based on existing pattern?

There is a number of barcode patterns out there. One of them is RSS-14 (aka GS1 DataBar). It's even been standartized in ISO/IEC 24724:2011. Now, while I like the general format of the barcode, I ...
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1answer
51 views

“Etsy” plans as download - license, restrictions?

"Etsy" is an online platform designed to allow individuals to sell models via a standardized platform. Some sellers off downloadable files, containing plans to recreate those models. Example, rubber ...
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52 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 "...
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1answer
135 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, ...
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17 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 ...
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43 views

In principle, what actions might be open to Lego in this situation?

It's my understanding that Lego System A/S, doing business as The Lego Group, no longer holds a registered design protection or design patents on the Lego interlocking block system itself, hence the ...
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81 views

Commercial use of a machine learning trained model whose use is allowed, but use of data is not allowed?

I've found several questions similar to this, but none of them had the same details of my case: There is a publicly available trained model released under public domain by its creator. But creators of ...
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44 views

Does the UK have a legal precedent for “inherence” with refunding digital goods (& associated contracts)?

For example, if one were to purchase a digitally distributed video game, then a year or two later purchase DLC (or other content reliant on the game to be used), if a refund was obtained on the ...
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80 views

Marketing/Service in relation to FIFA World Cup matches

I'm creating a web site where a group of friends or work colleagues can go together and create a private league and guess the score in the World Cup matches, site will be free to use so not a ...
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96 views

Can creative element owners claim copyright on Machine Learning models or its output?

In this question if the ML model is trained using TensorFlow (C - software) and TacoTron or TacoTron 2 (B - algorithm), which both are free for commercial use, can the owner of that creative work (A) ...
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52 views

Have watermarks in digital downloads ever been used to prosecute uploaders?

Most digital downloads (music, ebooks) today are protected by watermarks. But I'm not aware of any high-profile cases where these watermarks have been used to prosecute uploaders of said works to e.g. ...
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76 views

Intellectual Property of creating an app version of a board game

I was reading a copyright issue with an individual developer who is not making any money with his free version of catan vs catan's legal team. Source: https://boardgamegeek.com/thread/629104/...
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51 views

What information can I ask as the owner of a website to the clients of site?

I am not knowledgeable when it comes to IP and copyrights ! Any replies are greatly appreciated! I am planing to go on Kickstarter with a website that offers speech synthesis to its users. I want ...
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114 views

Anime Inspired Games

Can you legally create a game which is inspired off an anime? If so, can you use concepts / ideas but labelled under something else without issue?
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65 views

OEM Legislation

As an OEM, is it legal to use branded motherboards, such as ASUS in our own enclosures. I am aware that the other parts get used by major computer makers such as HP. However they usually make their ...
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1answer
67 views

Would it be copyright infringement to use a name of a D&D spell/creature in an unrelated game?

If I were to create a video game with mechanics and a story that are divorced from D&D, but still used a name like "Eldritch Blast" for an attack move, is this still infringing on WoTC's IP? ...
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3answers
148 views

Cybersquatter posted my domain for sale after I queried it - can I still file a UDRP?

I'm in a situation where a cybersquatter holds a domain name that I have trademarked. My company "Example Ltd" is based in the UK, and we've been established under our brand name for over 30 years. ...
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37 views

Who is liable for material on a website?

Someone wants to make a website but had trouble registering with the host. He has asked me to do it with my ID. Hypothetically if copyrighted content or something illegal was done with website, who ...
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52 views

Intellectual property in the Age of Industry 4.0

I am looking for specific references describing guidance principles around the interplay between IP (intellectual property) and Artificial Intelligence algorithms. For example, Company A has a large ...
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32 views

Can a writer keep an editor's edits despite order cancellation?

I wrote an article and hired a freelance editor who delivered a result that didn't match the value of how much I paid him. He agreed to refund me. There are certain edits of his that I would like to ...
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21 views

Why do some contracts have provisions granting a license if ownership can't be transferred?

I've seen some contracts with an ownership provision: for example if an employee invents something, it belongings to the employer. Often times I see a provision beneath it stating "if this isn't ...
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1answer
97 views

After I register a copyright for my app, what do I get?

Lets say I took my app (source code) and registered it with the copyright office of my country. After that what form of proof do I get? Do I get papers that have my souce code printed on them and ...
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18 views

Can one company sponsoring or advertising on a website cause liabilities for the sponsoring company if the website has problems?

I've always been curious how this works. Say there's Company A and Website B. Website B does things that are in the grey area of law. Company A tries to operate fully legitimately as an actual ...
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1answer
63 views

Prevented from listing details of work experience both in private (resume, interviews) and public (linkedin, etc.) while trying to look for new job

When starting new employment for a company (Company A) based in India it had asked me to sign an NDA for a company (Company B) based in San Jose, USA. The NDA had addressed to me directly and not ...
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10 views

Open data access and public studies made for tax money by enterprise consultancies

Imagine the following daily business which was traditionally established in the 20th century: government pays a consultancy for some studies what citizen can see at best case is a PDF report with ...
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1answer
47 views

Is it illegal to create a game that mentions anime (Japanese Tv show) characters?

For example, could I make an app and release it, but it uses the titles of anime and its characters? Would it be illicit to make revenue off of it?
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1answer
78 views

Employment intellectual property ownership loopholes

Thanks in advance for any suggestions or help. I work for a large software corporation and have in my employment contract the standard clauses saying the company owns essentially any idea of mine ...
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21 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 ...
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23 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 ...
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1answer
39 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 ...