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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1answer
38 views

What are the copyright requirements/restrictions to quote song lyrics and other copyrighted works in a novel?

I am working on writing a story (not actually sure if it will qualify as a novel or short story or what-have-you, but that's not relevant) In the story, a character is described to vividly remember ...
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1answer
101 views

Is it legal to alter and resell a product under its original name?

I recently picked up a little business on the side, and I am thinking of bringing it a step further by approaching a store that can sell the product for me, which got me thinking about the legality of ...
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2answers
91 views

Is possible to prevent a site using my code?

I was told even when we cannot patent the code, there is a copyright or intellectual property on it. But what can we do with that? is that protecting from someone else using the code? If yes, what are ...
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2answers
53 views

Are clothing designs described in literature protected by copyright?

Here's an example (source is Artemis Fowl: The Atlantis Complex) Yes, [the t-shirt] is so cool. There's a picture of a boy who for some reason has no neck and only three fingers on each hand, and ...
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4answers
323 views

Is it legal to publish a game that already exists but it was 100% developed by me

I am a lover of classic games and I've developed some classical games such as: Connect 4 Monopoly Trivial Battleship My main question is what will happen if I publish any of these applications in ...
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What laws cover patented DNA in humans in relation to the patent owner?

Some conspiracy theorists make the absurd claim that if patented DNA ends up in your genome, then you become a patented GMO, and thus the patent owner has some degree of legal control over you and/or ...
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1answer
81 views

Is it legal to depict public government buildings in a video game?

At my business, some people are deliberating about adding public government buildings to a level in our game. There are concerns about whether this is legal. I thought for sure I played games in the ...
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3answers
2k views

Does this Intellectual Property Agreement assign the rights to IP created after employment ends?

This is an extract from a software developer Intellectual Property Agreement: “Intellectual Property Rights”: patents, rights to Inventions, utility models, copyright and neighboring and related ...
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2answers
93 views

At what point does an AI become a person?

When is a fully autonomous machine that can communicate with society and think for it self become classified as a being that can "own" property and manage others? Also, do they have certain ...
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2answers
68 views

Do licenses created by a company dissolve, void, or simply invalidate if said company bankrupts / sells assets?

So I made a previous question about a dissolved or possibly bankrupted company that I wanted to use assets of for a fan-made remaster / remake of their game. The said company has given access to their ...
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2answers
40 views

Why can Domain Registrars sell trademarked Domains?

For example, as of writing this, Vanillacoke.org is available for purchase. There would be nothing to stop me from buying this and Godaddy or whichever Registrar profiting from it. Why are domain ...
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2answers
90 views

Is it legal to redistribute a digital copy of a library book?

My library provides two ways to get a digital copy of a book: If the book is already digitized, then for a reasonable fee they allow to download it in PDF. For another very reasonable fee, they allow ...
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1answer
315 views

I might get sued for web scraping

So I recently made a video on Youtube. This video would help people create a bot that will purchase a product on a famous website called Newegg. The bot will automatically refresh the website every 45 ...
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3answers
762 views

Copyright Enforcement of Specification Sheets

For the sake of keeping this question focused, I am limiting the subject matter to technical data sheets. More so, to electronic component data sheets. I.e. for such components as resistors, ...
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2answers
88 views

Legal status of js code on web-site

Normally, every code, distributed to be run on user machines, come with a license. If you do not agree with a license, you can't run a code. Moreover, license clearly states responsibility of the ...
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28 views

What are the intellectual property rights around an idea for film?

Consider this hypothetical scenario. Person W (for Writer) wrote document X summarizing other documents publicly available; document X is copyrighted and available to the public in exchange for an ...
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1answer
131 views

If Google wins Google v. Oracle America then would creating API compatible software clones be legal?

As of this writing, the Google v. Oracle America case over some of the Java APIs is set for argument on Wednesday, October 7, 2020 in the US Supreme court. If Google wins the case will that mean that ...
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1answer
41 views

Social media posts ownership: US Copyright Office

The US Copyright Office recently introduced in August 2020 the option of copyrighting "short online literary works such as blog entries, social media posts, and short online articles" https:/...
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2answers
232 views

What is the point of the disclaimer in Narcos?

Each episode of Narcos opens with a disclaimer that "Any similarity to name, character, history of any person is entirely coincidental and unintentional". Why do they have this disclaimer, ...
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1answer
102 views

Legality of second-hand selling and swapping [closed]

I was wondering if there are any restrictions in some parts of the world to sell second-hand/share items such as books/CDs due to copyright/intellectual properties? I'm asking because I know that in ...
3
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1answer
88 views

Has there been a SCOTUS case which clarified the meaning of the phrase "to promote the progress of science and useful arts"?

The US constitution article 1 section 8 gives the Congress an enumerated power "to promote the progress of science and useful arts, by securing for limited times to authors and inventors the ...
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1answer
61 views

Accidental infringement of 3rd party IPR

Need some help with a peculiar problem Google is unable to help me with. I’m about to enter into a contract as a Software Consultant with a product company to help them with their product development. ...
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0answers
91 views

Extracting an item from a real game inside a comic

Suppose I make a webcomic, where at some point one of the characters wields a portal gun, similar to the one in Valve's "Portal"; in fact, the point is that this gun, in the comic universe, ...
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1answer
75 views

"Personal ideas" website: using contributions from readers freely

Let's say I'm thinking about an unsolved mathematical problem for a hobby and I draw some conclusions of my own. I'd like to make these ideas public, allow anyone to use them absolutely freely (even ...
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3answers
200 views

Section 2870 of the California Labor Code - Can former employer claim ownership of former employee's project?

Silicon Valley tech companies in California require employees to sign a contract that assigns all inventions to the employer. The only protection employees have are in the form of Section 2870 of the ...
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3answers
313 views

How can one open a profitable MMORPG private server (server emulator) legally?

Background The MMORPG in question has a Korean developer and a German publisher. It is pretty old, but is still live and running by the publisher. The game appears to be dying and has a very low ...
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1answer
51 views

At what point does a dead person's image enter the public domain?

Apparently the Ronald Reagan Institute claims to own Ronald Reagan's image and claims the ability to prevent the use of his image for commercial gain. I am pretty sure I am allowed to sell pictures of ...
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169 views

Derivatives of Unauthorized Derivatives & Copyright

Imagine 3 parties: A, B & C. Party A owns all rights to image X. Image X is not in the public domain, and no explicit licenses for use to the other parties have been granted. Party B adds some ...
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1answer
87 views

Can information posted without a license and meant to be spread be assumed to allow commercial use?

Our organization has a cyber threat intelligence server, which we use commercially. There are a number of feeds posted by various organizations or individuals which contain things like malicious IPs, ...
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1answer
35 views

Assigning intellectual property rights like a provisional patent to oneself while employed

A hypothetical: let's say I am employed in the U.S., and in a field where I am compensated for the results of my ideas or intellectual work, i.e. engineering. Let's say I have a roughly standard ...
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1answer
70 views

Adaptations of partially expired copyright in some countries

Let's say that there are 2 (hypothetical) countries with different copyright durations: Country A has a copyright duration of Life + 70 years. Country B has a copyright duration of Life + 50 years. ...
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1answer
75 views

How can I use a trademark name in my app title?

I am a student software developer in NY, USA. As a learning project, I created a mobile application for calculating scores of my favorite crossword board game and posted it on the famous online ...
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1answer
129 views

Can I use the name Friedrich Nietzsche as commercial application title?

Can I use the name Friedrich Nietzsche as commercial application title that will be available globally? I know that his books are in the public domain and I can use fragments in my app but I don't ...
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0answers
52 views

Someone else's Python code to create poetry

I have a legal and ethical question. I am in the process of trying to create text processing programming code to generate text that will be used for poetry that I plan to write using Python, while ...
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1answer
89 views

How can i compete legally with the large firms in the below mentioned scenario?

I am from India and when i did some research i found out that there are some big and well established companies in the field of windmill installation for electricity generation like Vestas India, GE ...
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1answer
103 views

Where is the section of the law for USA that talks about ROMs?

Where can I find what the law says about obtaining video game ROMs (as in downloading them from online sources)? When I tried googling all I found were people telling what the law says but the answers ...
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1answer
77 views

How is the liability part in a software license meaningful for open licenses?

The core text of the WTFPL (Do What The Fuck You Want to Public License) is short: 0. You just DO WHAT THE FUCK YOU WANT TO. This is in sharp contrast with another open license such as MIT (and then ...
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0answers
170 views

Can I display my photo of a subject protected by intellectual property laws?

EDIT: the suggested duplicate: a) Refers to the UK. b) Only addresses one issue I mentioned. c) Perhaps wrong/misleading (at least in the US) - From the USPTO site: "To support a trademark ...
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5answers
2k views

Are Word-Frequency lists copyrightable?

If someone generates word frequency lists somehow. For example by analysing a web corpus or data from keyboards. Is this form of list of words and their frequencies copyrightable? For example if ...
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1answer
30 views

Canada's Trademark Act

I am considering applying for a trademark. The trademark I would like to register is the product name of a product that I am importing and selling. The name is an invented word (e.g. something to the ...
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2answers
50 views

Usage rights for a composition that later turned out to be plagiarism

If an artist makes a composition and later turns out to be a plagiarism from another, who bought the rights, or perhaps used it because it was released under creative commons, will it have ...
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1answer
67 views

When is a certain combination of software, a trade-secret?

Lets say, a contractor did some work for a client in a specific industry (lets say hospitality) using a stack of very common software development tools and technologies. For example SalesForce in the ...
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1answer
107 views

Can musicians effectively sue politicans that use their songs without permission?

Just about every presidential election cycle I can recall has multiple stories of candidates using songs at their rallies which they have failed to secure permission for. Afterwards, there will a ...
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1answer
39 views

Is web-site cloning considered as IP theft?

If any company in any country launches a website combining the functionality of say, Facebook, and Google and YouTube, would it be considered as an IP theft? I am only talking about 'functionalities'. ...
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1answer
494 views

Registering a trademark in the UK - Lowercase, title case or uppercase characters?

I'm in the process of applying for a UK trademark through the UK government IPO service. I've used the Right Start Examination Service and my application has been approved for the next stage. Before I ...
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2answers
89 views

Do these terms contradict each other for who owns work created by contractor?

These two sentences are literally side by side and seem to be saying opposite things. All deliverables and associated documents...developed by Contractor during the term of this Agreement shall ...
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2answers
862 views

Can someone's name be removed from software they created if they transferred ownership of the software?

Let's say that John is on Blue Team. Blue Team is a private, non-profit entity in the US that receives some funding from the federal government. John wrote some software while on Blue Team that was ...
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0answers
63 views

Can a game publisher restrict distributing homebrew cards?

Looney Labs' website contains the following (excerpted here; much longer there): Q: Can I make copies of my home-brewed Fluxx (or Chrono, or Nano, etc.) deck to give free to my friends? A: ...
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1answer
104 views

What are the legal protections for someone that downloaded a leaked database in the domain of the USA?

My question is what are the legal protections for downloading a leaked database under the premise of not knowing the database in question is actually a "leaked database" as in you think the database ...
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1answer
36 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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