Publish Your Patent Application? … Or Not
Posted on April 21, 2008 - Filed Under Legal and Law | Leave a Comment
Infringement and Provisional Damages
There is no action for infringement of your patent until it actually issues. However, through publication of your application, it may be possible to obtain provisional damages for the time between publication of the application and the issuance of the patent. Once your patent issues, infringement can give rise to treble damages and an award of attorney fees. During the phase from publication to issuance, only reasonable royalty damages can be awarded. Furthermore, a claim must survive and be substantially identical from publication to the issued patent.
Read More..>>Host A Website And Get Sued For Trademark Infringement - Maybe In California
Posted on April 20, 2008 - Filed Under Legal and Law | Leave a Comment
According to the Department of Commerce, losses to U.S. businesses from the counterfeiting of trademarked consumer products are estimated at $200 billion a year. A model trademark law proposed by the International Trademark Association and currently winding its way through the legislative process in California includes a provision which appears to be an attempt to slow this ever growing enterprise.
Read More..>>Software Piracy, Fair Use Law, And Copyright Infringement
Posted on April 18, 2008 - Filed Under Legal and Law | Leave a Comment
As the multi-billion dollar software industry continues to become more and more financially lucrative, some of the more unethical entrepreneurs in America are attempting to get in on the moneymaking action by distributing pirated software. Often carried out online, software piracy can cost the industry millions of dollars in lost revenue, and the offense can carry hefty punitive fines and prison sentences.
Read More..>>Honoring The Copyrights Of Composers, Too
Posted on March 26, 2008 - Filed Under Legal and Law | Leave a Comment
Many photographers use music to enhance their photography. But since music is a work protected by copyright law, make sure that you honor the copyright of the composer, too.
Most photographers recognize that copying music from a friend or downloading from a music sharing website is illegal. But even if you purchased the CD or song outright, you may be infringing on the copyrights if you use the music for more than personal purposes.
Read More..>>Copyright Problems For The Unwary Real Estate Developer
Posted on March 10, 2008 - Filed Under Legal and Law | Leave a Comment
Real estate lawyers take head. Waiting in the tall grass of your client’s real estate development project may be a thorny copyright issue that could cost your client all of the profit it earned on the project, and would probably buy you a serious malpractice claim.
In the course of developing a real estate project, whether it is a residential community or a commercial project, a central component of the project is the architectural plan. Unless the developer (and the developer’s counsel) are aware of how the Copyright laws affects what the developer can (and more importantly, can’t) do with the plan, the developer may find itself on the receiving end of a Copyright infringement lawsuit. Why? Because an architectural plan, as well as other architectural works, are protected under Copyright laws, and these laws govern who owns the plans and what can and can’t be done with the plan.
Read More..>>Viacom And Youtube Dispute – All About Copyright Licensing
Posted on March 6, 2008 - Filed Under Legal and Law | Leave a Comment
Viacom has announced the first huge copyright infringement notice against YouTube. It has served YouTube with notice to remove 100,000 infringing videos.
As you know, YouTube is a site where people can post videos of just about anything. Millions of people visit the site, which made it attractive enough for Google to spend $1.65 billion dollars in stock to purchase the site. There is one problem, however. Many wonder how YouTube is any different than Napster when it comes to copyright issues.
Read More..>>Claiming An Infringement On Your Domain Name
Posted on March 3, 2008 - Filed Under Legal and Law | Leave a Comment
A domain name is your address on the web, which can make it vitally important. So, what do you do when someone tries to move onto your yard?
If you work on the web at all, you know that domain names can be very similar. This raises the question of when one domain crosses the line and infringes on another. The issue is often brought up with larger commercial sites when others register similar domains.
Read More..>>Do Your Part To Stop Copyright Infringement
Posted on March 1, 2008 - Filed Under Legal and Law | Leave a Comment
The U.S. Supreme Court is considering whether software companies can be liable for their products that enable illegal sharing of music and video files. The case of M.G.M. v. Grokster has the attention of major and diverse players. Over 55 amicus briefs – statements by those who are not directly involved in the case – have been submitted to the Court for consideration. These include the NFL, the NBA, the Christian Coalition, Senators Leahy and Hatch, and two photography groups - the PPA and the ASMP, which specifically note that the “illegal file-sharing poses particularly significant risks for publication photographers and other small copyright owners whose livelihoods depend to a substantial degree upon commercial exploitation of their creative works.” Some of the materials can be viewed here: http://news.findlaw.com/legalnews/lit/mpaa/index.html
Read More..>>Intellectual Property: Counterfeiting - Government Consultation
Posted on February 26, 2008 - Filed Under Legal and Law | Leave a Comment
Intellectual Property (”IP”) crime (counterfeiting and piracy as it is more widely known), has grown considerably over the past 10 years and is reported to have serious economic effects both in the UK and globally. Ineffective enforcement of intellectual property rights (”IPRs”) is a significant cost to industry in terms of damage to innovation and wealth creation.
Read More..>>Do I Need A Copyright
Posted on February 14, 2008 - Filed Under Legal and Law | Leave a Comment
Creativity is one of the human traits that can apply to any area of one’s life. Creative people have two tendencies. Firstly, they are capable of envisioning something new and different, such as a new way of doing something, or a new idea, or a new way of expressing their thoughts, feelings, and emotions. Secondly, they want to share their new insights with the world. Most people who have the creative gene also have the tendency to want credit for their creativity. This is where the wonderful world of copyrights comes into play.
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