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Intellectual Property
Common types of intellectual property include copyrights, trademarks, patents, industrial design rights and trade secrets in some jurisdictions.
2,575 Questions
Do you have to get permission to use a copyrighted song in a Viral video?
I'm working on a project wherein I use a recorded song in my video for an educational institution. The following is a paraphrase of what I have received from the institutional lawyer and general counsel:
As I understand the facts, the rights to the background music are owned by someone other than the author of this video or the institution. Because it may be argued that the background music is being used for commercial purposes and it seems unrelated to any "fair use" exception, it is my opinion that the author cannot legally use that music without obtaining permission from the copyright owner or the entity that has the rights to license the material.
Furthermore, it has been suggested that if you wish to use any recorded material in a video you SHOULD attempt to contact the owner of the copyrighted material and request permission for its use. Some may say that the request will not receive a
response, but an attempt must at least be made. In the event that the song is used and you receive notification from the RIAA or a cease and desist request from the copyright owner, you should be OK so long as you stop using the video immediately.
Here an additional link that may help you locate the copyright owner:
http://www.copyright.gov/
I should also say that I am not a lawyer nor am I in anyway an expert in this area. The information above constitutes what I've been able to find on this subject (and there was not much on the Internet).
i have a old Ranger double barrel hammerless double trigger shotgun precision grade 104.3 model# 16 1903R im trying to find parts butt stock an forarm stock an barrels to restore gun.I would suggest that you start your search at Numrich Gun Parts Corp.They may be found on the web.After that I would suggest that you shop any local gun shows(The larger the better) for the parts you need.Good luck in your search.
Do you have to repeat the trademark symbol on every reference to the trademark?
Trademarks are a bit misunderstood. Trademarks are adjectives and not nouns, so when you refer to a company by its name, you do not need to use the trademark symbol. For example, Answers Corporation is the name of the company that runs this site. If you refer to Answers Corporation in an article, you should not use the trademark symbol. However if you say something like, "The Answers.com(SM) website is . . . ", then you should use the trademark symbol.
It is often customary to use a trademark symbol in the title of an article (if applicable) and then the first time that the trademark appears in the article. It is generally accepted that you do not need to use the symbol each time the trademark appears.
Michelle_Esq
IP attorney with 15 years experience
What are the implications of the copyright law?
In the United States, anyone found to have infringed a copyrighted work may be liable for statutory damages up to $30,000 for each work infringed and, if willful infringement is proven by the copyright owner, that amount may be increased up to $150,000 for each work infringed.
In addition, an infringer of a work may also be liable for the attorney's fees incurred by the copyright owner to enforce his or her rights
There are also provisions for criminal prosecution of infringement and, although rare, they can carry penalties of up to $250,000.000 USD as well as 10 years in prison.
Why are patent and copyright laws written?
They are supposed to boost creativity in people and restrict you from copying other inventions and works. Primarily, they give exclusive rights to the authors, and bring them tons of money - if their works prove to be useful.
How do you stretch patent leather pumps?
you cant stretch patent leather shoes length ways but it is possible to stretch them width ways use a shoe stretcher and stretch very slowly in small increments otherwise you will crack the coating
When did divorce become legal in Ireland?
1997. Although it was opposed by the Roman Catholic Church. The law was passed under "certain circumstances"
The term of exclusive rights to a patent lasts for 20 years from the date the application is filed. After that, the material formerly patented is now available to the public unless the patent filer pays the renewal fees associated with the patent. Some examples of publicly available patents are powered flight, the English language, and the works of Shakespeare.
Are copyright laws advantageous for consumers?
To some extent. Enabling creators to reap financial reward for their hard work encourages creation of more works in greater variety.
Trademark law, on the other hand, is designed for consumer protection: if only Proctor and Gambel can make and sell a detergent called "Tide," I know I'm getting what I'm paying for.
A patent is obtained by filing an application with a fee, having it examined, responding to any objections the examiner has found, and paying a fee to have the patent issued. You must do this for each country in which you desire patent protection. This usually takes two or three years, and often longer.
The laws and regulations for all the parts of an acceptable patent application are very complicated and certain mistakes can leave you with a complete loss of protection of your invention, forever, worldwide.
If you have what you think is a valuable idea, you should immediately discuss it with a patent attorney. In today's world, all but the simplest patent application, drafting, and processing (called "prosecution") requires the assistance of a patent agent or a patent attorney.
It is also important to realize that many products contain numerous inventions, each of which, may be patented separately. Therefore, you often cannot patent a producteasily. Some modern sneakers, for example, may contain four or five patents, three or four trademarks, and a few trade secrets.
How does piracy affect the sharing of intellectual property?
The money that buying the DVD or CD would have gone to the company who created it.But If you were to buy a pirate copy it is purely profit. And the larger company who created it lose money and cannot pay rights and therefore go bust.. And then they can no longer make cds and dvds for your enjoyment.
What are the punishments if you violate the copyright laws?
Anyone found to have infringed a copyrighted work may be liable for statutory damages up to $30,000 for each work infringed and, if willful infringement is proven by the copyright owner, that amount may be increased up to $150,000 for each work infringed. In addition, an infringer of a work may also be liable for the attorney's fees incurred by the copyright owner to enforce his or her rights
Differentiate your views on memorandum of association and articles of association?
1) MoA:
It is along with the application of starting of a company.
I think it confines & defines the objective of a company.
MoA is also called Charter of a Company.
The main aim of MoA is to let the investors know where their money is invested.
It has 2 objectives; Main Objective & Subsidiary Objectives.
MoA has 6 clauses:
@ The Name Clause
@ The Registered Office Clause
@ The Object Clause
@ The capital Clause
@ The Liability Clause
@ The Association Clause.
2) AoA:
It is internal management of the company.
It shows what type of power / responsibilities / authority the investors have..
Its by laws that governs management of internal affairs defines duties / rights / powers / number of directors of the company.
It also show that what is mode & form in which business is to be carried out subordinating to MoA & can not supersede object set by MoA.
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MEMORANDUM OF ASSOCIATION AND ARTICLES OF AS SOCIATION
The Memorandum of Association and the Articles of Association are two important basic documents of a company, which together form the constitution of a Company. Both serve different functions and purposes and therefore, are important for different classes of people, who deal with the company. These two documents lay down the boundary within which the Company can operate.
The Memorandum of Association, often simply called the Memorandum, is also called the Charter of a Company and is useful to investors to know what are the objectives of the company, amount of authorized share capital, whether the liability of the members is limited or not, how the company invests the money and utilize it, how it will work according to objectives incorporated in it, etc. It is the document that is required to be filed with the Registrar of Companies for incorporating a company. This document defines the relationship between the company and the outsiders. Anything done ultra vires the Memorandum (i.e., beyond the legal capacity) is void against the company. Subsequently, it cannot be ratified even by the share holders at a General Body meeting. The Memorandum is a public document and can be inspected by any one at any time, usually at the public office, - the Registrar of Companies - where it is lodged.
The Articles of Association of a company or simply the Articles contains rules and regulations, which govern the internal management of the Company. The Article of Association is subordinate to the Memorandum. Therefore, any provisions of the Articles which go against or beyond the provisions of Memorandum are null and void. The Articles of a company contains the organization and its control, issue of shares, voting rights of different classes of share holders, Director's powers, the appointment of directors, the director's meetings, the quorum and percentage of vote, transferability of shares, the dividend policy, winding up, etc. The Articles is binding not only on the existing members, but also on the future members who may join in future. The Article binds the company and its members as soon as they sign the document, as it is a contract between the company and its members. Just like a Company has certain obligations towards the members, so also members have certain rights and duties to perform towards the company for smooth functioning of the company.
M.J. SUBRAMANYAM, XCHANGING, MUMBAI
the purpose of copyright is so that people don't download things illegally
The purpose of the law is to encourage creativity by allowing creators to ascribe value to (and ideally derive an income from) their imagination and hard work.
Where can one find information on trademark law?
Attorneys can be found in the local yellow pages and will know the laws and statues for the area where one lives. It is best to find an attorney in the area where you live so that they do know the local and state laws that are required for trademarks.
Go to the Browning website to date it - http://www.browning.com/customerservice/dategun/ Check the auction sites for value. Your description is vague at best.
What is the process for legally trademarking my logo?
Hi. I am pretty sure too liscenece a Logo is too make it... official. so you can put your logo on products and billboards if you want too go that far :) so just mean to officialise it really. Bye
Since Dupont invented it, one would suppose Dupont once owned the patent for it. However, it would have expired or lapsed many years ago because they started using it in the early 1930s.
So, in other words, there is no patent for R-11.
Copyrights are issued and recorded by the Copyright Office (see link). Trademarks and patents are governed by the US Patent and Trademark Office (see link). The two are separate agencies. Their only connection is that they both administer Intellectual property.
In the US, the Copyright Office administers copyright, and the US Patent and Trademark Office issues patents. In the broader sense, Congress is responsible.
What are the effects on the software industry when people break the copyright law?
The criminals who break copyright can have an unlimited fine or/and go to prison for up to ten years. But most the time, the owners of the copyrighted work just want money, so they may have to pay damages and give up any profits you may have made (this also goes for pirate films too).
Statutory fines are limited, and most countries give a maximum jail sentence below 10 years. In many cases, the rightsholders will simply send a cease-and-desist notice; typically, damages are only sought in extreme cases (to "make an example" of someone).
There are other ways to look at this beyond the penalties on the infringer, however.
Piracy tends to lead to ever more elaborate End User Licensing Agreements and anti-copying measures. DRM, for example, arose as a defense against music piracy: if record labels could trust consumers, they wouldn't feel the need to resort to such restrictive programs. One of the problems with DRM was is limited consumers' ability to make legal (or "accepted within current business practice," which is very different) copies of materials.
It's also useful to think less about a monolithic Music Industry and consider how individual creators are affected. If you really love that band, why wouldn't you want to reward them for the entertainment they've provided? You might hate Microsoft, but don't you appreciate Valve?
In the long term, a band or small gaming studio, for example, might have to give up and go back to the day job if too many people are sharing their works without any payment going back to them. By uploading your favorite album, you might kill the band.
It would have been made by Stevens/Savage between 1920 and 1948. Might be worth $75 on a good day.
How does someone register a trademark for their company?
The Government is keen on providing help to the UDYAM REGISTRATION through various schemes for sponsorship and promotion by means of the MSMED Act, 2006. These enterprises are considered to be the inspiration of an economy and hence the economic development of the country largely depends on the UDYAM REGISTRATION. To avail of the schemes of the central/state government or the banking sector, it's important to possess an MSME registration certificate.
Registration for UDYAM REGISTRATION could also be a compulsory task for any company to start out and operate in India. Registration is cost-free and is classed under two main categories, like manufacturing and repair companies.
1.To get started, go to the Udyog Aadhar Registration Portal .
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Look for and select the Trace Udyam Registration option.
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Fill in the relevant information, including your phone number and email address.
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You will obtain an OTP on your registered mobile number after submitting the form
5 . For more processing, you will need to share this OTP with our executives.
Making it easy for small companies to get a low-cost registration. In addition, our organisation will give you a Msme Registration certificate automatically. Contact on 8405074108
