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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14k views

To what extent can a person use Wizards of the Coast's D&D monster information?

I am creating some software that, at the moment, uses parts of the same format of summarizing creatures as the published works of Wizards of the Coast. Specifically the 2nd edition of Advanced ...
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0answers
26 views

Is it generally legal to develop and provide of API-compatible software services

Is there a legal issue when providing API-compatible services? By API-compatible services, I mean developing systems and providing solutions to customers that mimic other existing cloud computing ...
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27 views

company in Ireland with exact same name as a company in Australia offering same service

ie and .co.uk domain name for a company I am starting in Ireland. However I found out that there is a company in Australia that has the same name but under a .com.au domain offering the exact same ...
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1answer
87 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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1answer
47 views

Do historical software revisions impact the licensing terms of the latest version of the software?

Hypothetical situation: Our organization developed closed-source commercial software that used open-source libraries whose terms only apply on redistribution. At some point, we decide to open-source ...
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3answers
5k views

Is it illegal to remove a watermark?

Inspired by this poorly worded question on graphicdesign.stackexchange: I want to remove a text watermark Is illegal to remove watermarks? Off the top of my head I can think of 3 possible ...
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1answer
21 views

Is it possible to require removal of attribution under BY-SA for distributions not yet created?

CC BY-SA 4.0 §3(a)(3) requires that attribution of licensed material be removed if the licensor requests it. As the licensor, is it possible to make this request in advance of the redistribution of ...
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27 views

Copyright Infringement for using FontAwesome from other company

We are a small business in Indonesia and being the victim of falsified Copyright Infringement by big corporations. They intend to propose this case to the US court. They have claimed that I have ...
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2answers
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How is internet archiving legal, when it appears to violate many websites terms of use?

Internet archiving services like the internet wayback machine work by rehosting content from other website. However, many websites in their term explicitly disallow people to frame their website or ...
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1answer
156 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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0answers
41 views

My app has been suspended from play store due to copyright infringement can i recover it back? [closed]

I am I indie app developer I create apps and publish on play store one of my app got suspended from play store due to copyright infringement I use some video songs inside my app all video is 30sec ...
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1answer
32 views

“Flash of Genius” - Intermittent Windshield Wipers

In the movie "Flash of Genius," which covered the law suit involving intermittent automobile windshield wipers, it seemed that the individual parts (wipers, control box, electrical components) were ...
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1answer
114 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?
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1answer
35 views

Is usage of a still frame from a video considered a derivative work/adaptation?

Let's say that Alice makes a video and releases it under the CC-BY-ND license. Bob now wants to use a still frame from the video in his work (maybe to showcase or aggregate thumbnails of Creative ...
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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 ...
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0answers
14 views

is it legally permissible to take a news picture from the internet and post it as your own for political commentary and not financial gain [duplicate]

Is it legally permissible to take a picture from the internet of Armed Michigan protesters closing the legislature with A CAPTION LIKE "Make America Great? Not! if it is solely for political ...
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1answer
46 views

What effect does a project's software license have on its cultural works?

0BSD and ISC are software licenses. They grant permissions for software. I guess these granted permissions legally only apply to what fits the legal definition of software. What if a project combines ...
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1answer
58 views

Can I use droid as a character class in my game?

We all know Droid is trademarked by Lucasfilms but I wanted to use it as a character class for my game. The droid class in my game is also a robot, but it looks nothing like the droids on Lucasfilms....
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1answer
15 views

If one modifies and distributes intellectual property based on a Creative Commons licensed work, do they have any claim to their modification?

Suppose someone named Alice makes a free-to-play game called "Tubbytown" and releases it under the creative commons license "Attribution-NonCommercial-ShareAlike," which from the Creative Commons ...
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1answer
91 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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0answers
22 views

What can happen if I don't register a trademark for my business?

If I register my business name and start operating my business using that business name and a logo that I made which contains the words of the business name, what can happen if I don't register the ...
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1answer
54 views

Is it illegal to advertise another entity's product?

I'm a retailer of products. One product in particular needs more attention, but the manufacturing company doesn't advertise their products in the media which my customers reside (mainly YouTube). I ...
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1answer
1k views

What is the value in adding an email confidentiality notice?

The company I work for adds a disclaimer on the bottom of each email. I was wondering if it had any value. I'll list part of it below: CONFIDENTIALITY NOTICE: This e-mail message is for the sole ...
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1answer
32 views

Which legal specialty covers the sale of potentially profitable information?

In There Will Be Blood (2007), there is a scene where Paul Sunday sells information about there being oil where he grew up. This struck me as something very difficult to negotiate, because, while ...
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1answer
17 views

Does a SaaS needs to offer a license grant?

I run a SaaS service (https://pdfshift.io) and I've recently received an email from a potential user that is worried about any IP infringement between them and their client when using our service. ...
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18 views

How would you choose a creative commons/open source license for a work of fiction in which the code itself comprises all/part of the story being told?

In cases where there exists a clear delineation between the engine being used to tell the story and the assets being used to tell the story - e.g. your average open source video game - it seems like a ...
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2answers
385 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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2answers
38 views

What would happen if someone wanted to sell something affected by a confidentiality agreement?

For example Bob makes an invention. Joe comes along and argues that Bob's invention infringes on some of his intellectual property. They agree to a settlement where confidentiality is required. What ...
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0answers
16 views

Is offering a proxy web service illegal in India?

Can I offer a service that fetches the page input by user and return the data as it is in response as a web page under my domain? I will simply send a request from my server to the provided
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2answers
107 views

Does YouTube legally need proactive takedown?

YouTube needs to figure out what to do about people posting copyright material. The actual solution they arrived at, after some negotiation with the media companies, includes programs that scan ...
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2answers
59 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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3answers
164 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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2answers
155 views

Why is the FBI raiding the house of a whistleblower over leaked SAT questions?

How did this case trigger FBI involvement? Wouldn't that be a civil matter?
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2answers
290 views

Can universities require computer science students to develop software for free?

At my university (it is a public Florida university), one of the core computer science courses required for the degree involves a group project, and the class is divided up into a dozen or so teams, ...
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1answer
29 views

Registering a copyright for a web-app: what type?

I'm registering a copyright for a draft of a web-application I'm developing. I shared it with a potential defactor too soon and I want to at least put something down. In the "type of work" section, ...
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2answers
53 views

Should I register a copyright for my android app?

I am about to release an app to the store and I have a feeling that before I publish it I have to do some legal stuff. For the lack of my knowledge in this field, I want to ask you: 1) Should I ...
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0answers
34 views

Writing a mobile app, to sell, for a physical bluetooth device I did not invent?

I am writing a mobile app for a bluetooth device which I did not create / invent. To do this, I received specs from someone else on how the device communicates over Bluetooth; it's a non-standard, not ...
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1answer
32 views

Fairness to the consumer regarding geolocked digital products

First, a little disclaimer. I won't be mentioning company names as this inquiry is solely about the responsibility of the parties involved, and not specifically about the entities themselves. I ...
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0answers
38 views

posted an edited copyrighted document for internal use at a small hospital

I work at a rural hospital in the US that is currently dealing with the Coronavirus pandemic. I work in IT, and am keeping up the intranet for internal staff. For reference, I have been asked to post ...
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1answer
37 views

To what extent does copyright protect software functionality?

Suppose I see an innovative piece of (commercial) software that delivers considerable, non-trivial functionality. Can I re-implement it? Suppose I study it carefully, work out what it does and how ...
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1answer
614 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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1answer
65 views

Ownership of video lecture

Due to the pandemic, my university moves all classes online. This is a new situation and the administration is not well-prepared for this (which is understandable). I will give lectures online, in one ...
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0answers
26 views

Not-for-profit use of copyrighted characters?

I’m curious about US laws surrounding the use of copyrighted book content or characters for a not-for-profit purpose. My situation: I’m working an online video game in which many of the characters ...
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1answer
51 views

What countries' copyright laws would I need to abide by if I wrote a heavily modified rearrangement of an existing song for third-party usage?

Let's say that I, citizen of Alicetopia in the EU, were creating a derivative work of a copyrighted composition. This would be a heavily modified instrumental rearrangement of an existing song, to the ...
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1answer
78 views

Intellectual property when leaving the employment

Company's time, company's laptop, company's idea submitted to the internal innovation platform. It was rejected by the corporate immune system: We are to inform you that your idea has been ...
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2answers
115 views

If someone lets you use their (e.g. Netflix) account, is it legal to let others use it?

If someone gives me the credentials to login to a streaming site they have an account for, would it be illegal for me to share the credentials with someone else? For example, if Joe tells me the ...
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1answer
62 views

If I develop a roll of film bought second-hand, and it contains illegal or copyrighted imagery, would I be held liable?

I found a roll of camera film in a box of old cameras purchased second-hand at a thrift store. I'm interested in having it developed. However, I'm concerned as to what might happen if there were to be ...
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1answer
41 views

Is it illegal to change one's personal name to one derived from a published fictional work?

In particular, I wonder about this because I believe most published works tend to have statements to the effect that "all characters, ... are trademarks of ..." and from what I've heard, it is not ...
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1answer
69 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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2answers
77 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 ...

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