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Questions tagged [ownership]

Questions about ownership of property. More specific tags include real-estate, intellectual-property, common-property, community-property. More general tags include property.

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85 views

Can only people or businesses legally own something?

FYI I'm a programmer not a lawyer so please bear with me. In the US (or abroad), what type of entity can own something? Particularly, in the blockchain space, there exist "smart contracts" that can ...
0
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1answer
51 views

At the end of a lease, who owns the parts used in repairs?

I have found it is usually the landlord who is responsible for most repairs and this is specified in the lease (barring tenant negligence or other stated reasons why a tenant would be responsible). ...
2
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1answer
48 views

Does Mabo v the State of Queensland (1992) 175 CLR 1 state that “The Aboriginal people we the traditional owners of the land”?

I'm reading a essay making claims about the case Australian Mabo case from 1992. The essay states: ...the High Court (notwithstanding finding that the Aboriginal people of Australia were the ...
79
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5answers
20k views

Stealing my own property back?

I have a guitar that I let my friend Joe borrow on the consensus that he would return it in a couple of days. Joe is a mutual friend of my ex Bob. Bob stole the guitar from Joe once he found out it ...
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0answers
29 views

Can I use Youtube/Soundcloud as a guarantee and way of proof that I own the content music/video/etc

everyone. If I have a sound produced by me, but I don't have registered it in my name, can I just use Youtube or Soundcloud as a way of proof that I own the content? And, would the date of posting be ...
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2answers
110 views

What happens if Apple goes bust?

I know this is unlikely... but, many of us now buy our films/books/music through services like Kindle and iTunes. Our purchases stay on the provider's infrastructure until we want them then we can ...
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1answer
72 views

Fictional Character Copyright?

Person 1 creates a fictional character and said character fits guidelines to pass both the Well-Delineated test and the Sam Spade test. The character has a well-detailed description, personality and ...
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1answer
34 views

Could a third party revive a dead trademark if another company has unlawfully been using it?

Suppose Company "A" registered the trademark "John Doe" with the EUIPO. Company "A" has declared bankruptcy and been liquefied, but the trademark was retained by Company "A"'s founder. During this ...
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2answers
58 views

Re-publish 'dead' articles

Some background: I've stumbled on a few so to say "dead" articles. Articles that have great content but the website where they are published is "gone". Thanks to the Internet Archive we can get the ...
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0answers
45 views

Inventions Assignment Agreement in California

As I was being hired today, I was asked to sign a "Confidentiality and Inventions Assignment Agreement" which partly reads: "I agree that all right (...) to any copyrightable material (...) ...
0
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1answer
28 views

Establishing legal ownership of intangible property under technical control by an individual or 3rd party

How would one establish legal ownership of intangible property that is under technical control of a owner, employee or 3rd party? Examples: Domain name: The email address for the account at the ...
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1answer
67 views

Who can claim ownership of pirated goods?

I recently got into a discussion about copyright and ownership. The person was arguing that when you illegally copy an item, then the copy is owned by the original author. As such he argues that they ...
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3answers
131 views

Domain name registered by co-founder's friend

Founds of an informal organization that's been around for several years want to form an LLC. One of the founders (we'll call Bob) has a friend that own's the domain. Bob doesn't know how to manage ...
4
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1answer
133 views

Can one claim unclaimed poultry living on their property?

Some time ago I dug out a pond on my piece of land in a small rural town in New Zealand. The intention was to attract wild ducks there and maybe have some domestic ducks, which I told all my ...
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0answers
37 views

Trademark Protection for Domain Names

Today I purchased a few new domain names, which are composed of very general words. When I attempted to purchase a different domain, adventure.app, I received warning of a trademark claim. I chose to ...
5
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1answer
110 views

Can employer claim ownership of intellectual property made while not at work?

I've heard in job contracts there can be clauses saying that all intellectual property created by the employee during their employment, belongs to the company, regardless if it's done during hours ...
4
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1answer
132 views

Hunting rights to land but do not own the land

If a person inherits the hunting rights that are deeded and recorded, can the land owner force one to give the hunting rights back to him just because he wants to sell the land?
2
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3answers
131 views

How can I prove that my bike is mine? (Germany)

I have a bike. I got it as a gift from my (then) girlfriend. I have absolutely no papers from it. However, in the case of a later legal dispute, I may need to somehow prove it is mine, both in a ...
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2answers
3k views

Do the police need probable cause or a search warrant to search a rental car being driven by someone who didnt rent the vehicle?

I'm not seeking legal advice, but rather I'm seeking others thoughts and reasoning on a case that has been disposed of already, which seems to be a violation of constitutional rights afforded to ...
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1answer
32 views

How does one go about writing TOS?

I'm a sole developer, building a platform in which users can trade intellectual property. (Is it called IP? stuff like music, art etc.) How would I go about mediating this without being sued left, ...
2
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2answers
49 views

In what legal form can one shape their de facto occupation of local authority land?

I own a section in a small rural town in New Zealand. The boundaries of it are well known as I did a redefinition survey to find them out. Let's call this land A. Historically, land A has had a piece ...
0
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1answer
40 views

Can LLCs be completely anonymous

I was under the impression that in every state, the creator of an LLC or INC must have at least one chief executive, and in some states, a treasurer and secretary. However, in some filings I've come ...
0
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1answer
65 views

Joint tenancy survivorship unmarried breaking up no mortage

If the house is paid off and I no longer want to live in it but the joint owner does do I give up any rights by moving out and selling down the road? I want him to be able to stay in the house ...
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2answers
53 views

Can a seller/producer control future sales of a product?

Let's say I'm an international fruit distributor, and with at least a basic knowledge of economics I know I'm going to need to sell my fruit at a significant discount to less developed regions as ...
2
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1answer
100 views

My name was not included in an US patent but I am the main inventor. What process I should initiate so that my name is included as an Inventor?

I found about the patent too late while searching for eventual patent. The main idea of the patent under question was entirely my own. It was first implemented in a prototype, and then a production ...
1
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1answer
26 views

Product names on commercial designs?

So, I am a graphic designer and I make a small amount of money selling funny custom t-shirts. These shirts have quick 1-liners which can be interpreted in a number of ways. My current design contains ...
5
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1answer
81 views

Child attained legal age, do the parents still hold any rights to medical documents from childhood?

Situation A child, let's call him Pete, went to some medical treatment when he was younger than legal age (18). All documents about this treatment were sent to his parents. Pete is now (way) above ...
0
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1answer
53 views

Software Developer in a Startup Company

I'm a software developer who developed a SAAS (software as a service) system for a startup company. I can't provide any additional details into the company since it's under an NDA but they shouldn't ...
4
votes
1answer
1k views

Is it illegal to take home a lost phone?

I experienced a common scenario today: I was walking along and found someone's lost phone on the ground. It was out of battery, so what I wanted to do was take it home, charge it, and then see if we ...
0
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1answer
103 views

When does ownership get transferred in a store?

When somebody buys property in a store, is that ownership transferred when a successful payment is accepted at the till? Or does it not transfer until the buyer leaves the store?
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1answer
33 views

Protecting intellectual property

I have a startup and I just sent via E-Mail some sample images to a family member who owns a small marketing and design company in the US. My parents had suggested it since we are on good terms with ...
0
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1answer
55 views

If a computer program qualifies as “orphaned technology” can it be recreated and sold legally?

Particularly MSBOB otherwise known as Microsoft Bob. Can I legally recreate and sell it? And if so are than any restrictions present? Please no comments about "Why you recreate such a piece of junk?"
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1answer
43 views

who will be the owner of personal blog or website when joining a company

I maintain a personal blog and about to join a new company. Under Intellectual Property Law, will my blog and new posts on it will be the property of my company or will it still belong to me?
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1answer
43 views

Is there anything special I have to do to associate activity with a company?

Let's say I own an LLC, and I'm also starting a website. In case of legal troubles with the website, I want to be free from personal liability. Is there anything special I have to do to link the ...
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1answer
393 views

Collateral and Property Rights

I'm not a legal professional or student, curiosity brought me here. I'm trying to figure out how ownership applies items that are financed, and to items that are used as collateral to obtain that ...
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1answer
99 views

Is this NDA terminated after the date shown? [closed]

I have signed an NDA between my company and another company. I realized that their approach does not fit with my vision and I told them nicely that I am not willing to partner nor sell the company. I ...
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2answers
55 views

Can someone take over my business name, with common words?

I have paid ownership to my business name, ABN, and website registration. However my business has a common words. Company 1 such as... Southern Australia Kite Company Together, those words make up ...
1
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1answer
71 views

Researching of decades old oil well deed?

In 1981 my father purchased interest in an oil well, for which I have the paperwork. I am attempting to do some research on behalf of my mother to see if, after all this time, there was/is any value ...
0
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1answer
52 views

How does copyright licensing work?

While reading through an album booklet I came across a scenario where the artist, Lana Del Rey had a copyright under exclusive license to sed record company. From an ownership perspective how does ...
0
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0answers
322 views

Difference between “courtesy of” and “under license” for song sample clearances

While reading through an album booklet I came across a scenario for a song sample that included the phrases, under license and courtesy of. Are they not the same thing? Ultimately wouldn't the company ...
0
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1answer
68 views

Is it legal to sell copies from unbranded products?

If I buy a item on Ebay from China, which says nothing about ownership, brand, legal rights or copyrights, could I legally make copies of that product and sell them commercially?
6
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1answer
118 views

If I accidentally send a package to the wrong person, is it still my property?

Suppose the following were to happen. I've got a package on my desk. I am planning to send it to person A with intent to give them ownership of it. Instead, by mistake, I send it to person B. Is it ...
0
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1answer
601 views

How do I share equity in a business run under my LLC?

There's a good chance I am thinking about this the wrong way but bear with me: I am developing a service under my LLC. The service has nothing to do with the LLC so I'll file for a new DBA. I'd like ...
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0answers
53 views

Is it illegal to sell products in my own branded packaging?

I have product A and product B. Would it be legal for both of them, without any previous alterations, to be in a box labeled with my own brand let's say 'Mark's gift service'?
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1answer
34 views

Whose is the ownership of a device bought by one party and reimbursed by another?

I came across a situation recently which left me wondering what the legal outcome was. It's a little academic, since it'll never actually come to pass, but I'd be interested in hearing the legal ...
0
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1answer
336 views

Does my neighbour have to return my football? [duplicate]

I kicked a football into my neighbour's back garden. Is my neighbour legally obliged to return it? If not, what restrictions govern his use of the football?
2
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2answers
184 views

Do any US laws restrict ownership?

(This is inspired by and a generalization of the firearms ownership question). Many laws in the US restrict acquisition or possession of a thing. One can have legal title to a physical thing whose ...
0
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1answer
103 views

What benefits to the freeholder and what disadvantages to the leaseholder does a long (1000 year) lease have over the freehold?

I am interested in a property and approximately 300 acres of associated land in the UK. The has a 1000 year long lease with a peppercorn ground rent and no service charge. I understand that every ...
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2answers
80 views

Are loose in-box licensing agreements binding?

I just purchased a vacuum cleaner and upon opening the box, there was a loose sheet of paper with a licensing agreement. The agreement said that using the product constituted acceptance of the ...
5
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3answers
205 views

Do I have the right to get a copy of the source code I wrote during an internship? (Germany)

I did an internship in a small software company in Germany and wrote mainly two programs, one which is just an example to learn the language which has no monetary value and another one which could be ...