15
Short preface: You might want to consult with a lawyer if what that website does really constitutes trademark infringement. But the question did not ask for that. It asked what to do if you want to send a C&D to a website without contact information. That's the question I will answer here. Whether or not the C&D letter itself has merit in this ...
9
It's best to use formal names in legal documents.
For example, Ringo Starr's musical compositions are credited to Richard Starkey.
If you have a business that wishes to do business under a name other than its legal name, you can investigate d/b/a ("doing business as") designation. For the purpose of a single contract or other document, you can ...
7
Can the word "Cola" be used for commercial purposes?
It depends on what you want to do with it, but most uses would be permissible. "Cola" is, as you note, a generic term, comparable to "trout" or "sugar" or "beer."
Still, generic words may be subject to trademark protection. Even "coca" is a ...
5
Referring to your business in a contract, in any other term than what it was incorporated as in its founding documents is a bad idea. Generally speaking, there is a rule that a court will construe ambiguous contract terms against the drafter of the agreement.
This only applies when one party is in a superior bargaining position. If both parties are in a ...
5
Copyrights, in general, relate to the right of copying or reproduction.
Another’s copyright may be substantially violated and causing harm even if one doesn’t monetize on it: A free access to the work of art may mean that anyone who would otherwise pay for a copy or any sort of license will not pay. This is the reason why in most countries torrenting is ...
5
You are confusing economic rights in a computer program with economic rights in a work created using the program. The latter belong to the user of the program, though the rights in works made for hire typically belong to the employer rather than the employee.
Suppose for the sake of argument that J. K. Rowling used Microsoft Word to draft her Harry Potter ...
3
Copyright is actually a bundle of rights. One of the rights is the right to make copies of the work, or permit others to do so. Another is the right to distribute copies, for a charge or for free. Yet another is the right to create derivative works, new works based on the protected original, or, again, to permit others to do so. There are several other ...
3
While the person asking the question may not have asked it in this manner, it seems like it's really a question about the concepts involved.
If a portion of the included work is small "enough" (and how small is small may vary), it might be fair use. But it may still be considered derivative work.
The distinction would be in how your work uses the ...
2
First, you cannot seize anything. The courts can, and you can ask the courts to do so for you. So the logic of this is that you operate a website that hosts software that creates something for a user. You could just unconditionally let people use it, you could require a subscription, or you could be like SE and put up a TOS with some conditions, like "...
2
If you commit your own copyrighted work to an open source project, you keep owning the copyright. Now adding a bug fix does likely not create copyright - if there is a line of code "i = i + 2;" and it doesn't work and you change to to "i = i + 1;" which works, then finding the bug and making that change was work, but not creative so it ...
2
By following your link, I found this page which states:
NASA content - images, audio, video, and computer files used in the rendition of 3-dimensional models, such as texture maps and polygon data in any format - generally are not subject to copyright in the United States. You may use this material for educational or informational purposes, including photo ...
2
There is a way to provide prior art publications to the USPTO during an early phase of the examination process without revealing identity under 35 U.S.C. 122(e). It is limited in that the submitter only provides documents and does not get to be party to the examination or get into any other communication with the examiner, other than viewing the proceeding ...
2
Whether something is transformatice is often mentioned in an analysis of whether fair use applies to the use of copyrighted content in US law, but it is not even one of the four statutory factors, and is surely not the full analysis. Note that fair use is a strictly US legal concept, and does not apply in the copyright law of non-US countries. A fairly ...
2
(The Participant) upon request, shall promptly sign all instruments
and agreements and perform any action ....
Does this entail that the corporation can legally force me to sign
something against my own will?
Yes.
Is it legal in a contract to enforce the signing of currently
undisclosed agreements?
Yes.
This is routine boilerplate in many contracts of ...
2
Assuming the U.S., there needs to be a real “case or controversy” according to the constitution to get a civil case before a court. That you would like the news publishers to license something and they don’t chose to, does not constitute a case or controversy.
In the last few years, in patent cases, judges have decided that a very mild letter from a ...
1
Ahem, questions about "should" are requests for legal advice, so I assume you did not ask what should be done, instead you asked what the law is. The main legal consideration regards "fair use". This is a canonical instance of fair use. This (the first graphic) use does not undercut the copyright holder's financial benefit (the article is ...
1
Yes, there are other rights than ownership rights
So, in fact, “ownership” rights are less than “all” rights.
In most jurisdictions, there are two types of copyright rights: economic rights and moral rights. Economic rights are the right to profit from the work. Moral rights are the right to be acknowledged as the author and to the integrity of the work.
...
1
The licence tells you what you must do:
Attribution — You must give appropriate credit, provide a link to the license, and indicate if changes were made. You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.
I highlighted the important point: they tell you what you must do, the how is up to you so ...
1
If the work is in the public domain (probably through the copyright having expired) there is no copyright protection, so the issue of fair use does not arise.
Fair Use is an exception to copyright in US law. In the copyright laws of other countries than the US there are various exceptions provided, but they not are very close to fair use in scope. Copyright ...
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