13

Does this mean that if the employee leaves the company, and then creates or gain an intellectual property right, does the company own that right ? No. The reference to "the future" pertains only to the IPRs of inventions that ensued in the course of his employment. Even if the employer alleged that the clause also encompasses post-employment ...


12

Presumably Blue Team are all employees of some company ("the employer"), so the software is a work for hire and copyright is owned by the employer. However in the UK and some other countries (but not in the US) authors also have "moral rights" over their work, including attribution, integrity, and association of an author to the work. This article (by ...


12

The underlying text(s) may be subject to copyright protection, but the individual words are not -- they are usually independently existing words of the language (there are invented words like "chrowl" which I have never seen appearing in a word frequency list). A frequency count is the simply a factual report about language use in a corpus. Even in ...


8

Data is not copyrightable, but databases (structured, organized data) might be. This depends on the jurisdiction, e.g. database rights are recognized in the EU. Whereas copyright protects creative expression, database rights protect the effort that went into collecting and organizing the data. Note that even when database rights apply, this doesn't prevent ...


8

We can't really know until the ruling is made. The Supreme Court might issue a ruling that encompasses all software APIs, or may predicate its ruling on this more specific situation, e.g. that because Oracle's library is so extensive its structure can be copyrighted even if that does not necessarily mean that any individual function signature can be ...


8

Of course windmills/turbines in general are not new and one would not need a license or permission to make and sell a "generic" wind turbine. But there are new types of wind mills invented and patented all the time. Examples are US7821148B2 Wind turbine and US8441138B2 Wind turbine. Patents are complicated and an inventor of a new type of windmill ...


7

Under the DMCA(United States Federal Law: Digital Millennium Copyright Act) and its Safe Harbor provisions, yes, Youtube is protected from copyright claims, provided they comply when they receive a notice. But....the DMCA that gives Youtube (and its parent company Google/Alphabet) this shield is US law, but Youtube does large amounts of business in other ...


7

As of present moment, under no circumstances. That said, the law may and probably will change around that. But the time has not come just yet. Trying to predict what the law will be is out of scope of this site.


7

Can anybody create their own license? That is to say, can I for example create my own license under which I can license software? Yep. It's just a contract granting rights to use a copyrighted work. You can write your own contracts, so you can write your own software license. It's just often recommended that you don't, because common licenses are more ...


6

It’s tricky. I’ll talk about the general then the specific. In general, your notion of "didn't get permission" doesn't really reflect how the music industry works. Generally, a venue pays for a universal license to use recorded music. There are three major licensors: ASCAP, BMI and SESAC. If you get an ASCAP license, you can play any ASCAP ...


6

It is a fact that a particulate chess game was played on a particular date by certain specific players, who made specific moves. Facts are not protected by copyright. Anyone is free to report such a game, including the exact moves, and the names of the players. Such games are often used in books about chess, and the same thing is done in books about other ...


5

Patent it Hire a good patent attorney in the field and work with them to patent all patentable aspects.


5

If not, how can I keep the game's name in the app title? Pay them a licence fee. Of course, they may not be willing to licence their trademark to you or you may not be willing to pay what they ask - that’s their prerogative; you can’t force people to sell you their stuff. Hasbro’s, sorry, I mean [CROSSWORD GAME NAME] owner’s lawyers, have explained the ...


5

The MGM movie Rasputin and the Empress implied that the real person Princess Irina Yusupov, as represented by Princess Natasha in the film, was raped by Rasputin. She sued for defamation, the jury agreed, and MGM paid out plus edited the scene out of the film. Subsequently, the "everybody is made up" disclaimer has been standard albeit not ...


5

Yes, they are protected by copyright They are literary works: According to 17 USCS § 101 "Literary works" are works, other than audiovisual works, expressed in words, numbers, or other verbal or numerical symbols or indicia, regardless of the nature of the material objects, such as books, periodicals, manuscripts, phonorecords, film, tapes, disks, ...


5

Let’s look at the agrement itself logically. You are concerned about this section: Further, and in the alternative, all Employment IPRs and Employment Inventions Intellectual Property Rights insofar as they are capable of prospective assignment, are hereby assigned by the Employee to the Branch. To the extent that any such Intellectual Property rights ...


5

This sounds like legal nominative use to me. The issue is trademark. Trademark law isn't a monopoly on using the trademark, it is a prohibition on using the trademark in a way that misleads a customer about who is selling something or what is being sold. You cannot sell goods in a manner that implies inaccurately an affiliation or endorsement of a trademark ...


5

The right in question would be the right to create a derivative work based on the story. Since this is a news story, it is presumably based on fact. Anyone may base a work (non-fiction book, novel, film, play etc) on a set of factual events, and there is no need to pay anyone for permission to do so. But the text of a particular news story is protected by ...


5

There can be no patent on the idea of wind wheels, as they are medieval "prior art". Likewise, many generator patents are no longer applicable, the first were invented back in 1831 by Faraday. Recombining a windwheel with a dynamo is almost as old - so the idea and basic setup of even the worst efficient wind turbines is not patentable: You can not ...


4

Not the free version Your use is commercial so you have to buy the software which (presumably) allows commercial use.


4

It isn't necessarily "illegal" (in the sense you are committing a crime) but you may be in violation of a verbal contract (which would fall under tort law). Let's take this a bit further. Perhaps Joe Schmoe gave you his debit card information so that you could make deposits for him and he said you could take $5 out for yourself for the trouble. This is a ...


4

The laws wherever a copy is made or the work is published If the game is going to be distributed online then the laws of every country where this happens.


4

No B holds no right to a copyright, if his work infringes on A's right to X. So he can't win against A and neither C or lawfully demand a C&D from C. See Anderson v. Stallone, 11 U.S.P.Q.2d 1161 especially IV A 4: Since Anderson's Work Is An Unauthorized Derivative Work, No Part Of The Treatment Can Be Granted Copyright Protection Stallone owns the ...


4

Under U.S. copyright law, the First Sale Doctrine protects such conduct. As the U.S. Justice Department explains: The first sale doctrine, codified at 17 U.S.C. § 109, provides that an individual who knowingly purchases a copy of a copyrighted work from the copyright holder receives the right to sell, display or otherwise dispose of that particular copy, ...


4

Yes, they are protected by copyright. A copyright owner can control how the material is copied and disseminated. No, you can't store, copy and disseminate a copyrighted work without the owner's permission. And note that TI does have a copyright notice on its datasheets. As it happens, it is to the advantage of the manufacturer to get the datasheets out to ...


4

You don't say where you are located. Copyright laws are different in different countries, am going to assume US laws. Under US law, a faithful digitization of a book does not get a new copyeight, see Bridgeman Art Library, Ltd. v. Corel Corp., 25 F. Supp. 2d 421 (S.D.N.Y. 1998) and thw Wikipedia article about that case (On the issue of mrequired originality,...


4

It depends on the game and what you copy. Games are an utter nightmare when it comes to IP law as so many parts of them cannot be copyrighted. Game rules for example cannot be copyrighted, nor can the concept itself. Some things can be copyrighted or trademarked. You cannot use the following: Names Written elements- while the rules themselves can't be ...


4

It's questionable, because if you design your own visual interpretation of the T-Shirt then it isn't necessarily the one from the book and thus your art has it's own copyright. However, if the current Copyright Holder and Possible Trademark owner is selling the shirt it could be an issue because yours is not official but being sold as one. If you're ...


4

If many of the specific details of the design of the clothing are taken from the work of fiction, then it might well be a derivative work, If it is, the copyright holder's permission would be required to make or sell it (or otherwise distribute it). The more vague and general the description, and the more original features not in the source, the less likely ...


4

When you write: a person buys the software for Rs 10000000 It is not quite clear if you mean "a person buys all rights to the software" or "a person buys a copy of the software." I will assume the first of these. The value of IP that a person currently owns is generally determined by an estimate of the future income likely to be ...


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