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Intellectual Property Law Questions

What is intellectual property law?

Intellectual property law is a branch of law that deals with protecting original ideas and inventions that people make. Intellectual property law protects these inventions and ideas in the form of copyrights, trademarks and patents. Any individual, as per the intellectual property law, may either copyright, trademark or patent his/her original idea or invention. At times, it may be difficult for individuals to decide what may be the right thing to do about their inventions. Not understanding or having knowledge of the intellectual property law can leave an individual confused as to whether he/she should copyright, patent or trademark his/her idea. Also, the process for copyrighting, trade marking or patenting an idea can be a difficult one if the individual does not know the different aspects of the intellectual property law. Given below are popular questions asked about the intellectual property law.

Can radio talk show hosts have copyrights for their individual shows?

In most situations, the radio station or broadcaster on whose channel the show is hosted will have the copyright to the broadcast of the show. However, according to the fair use doctrine of the intellectual property law, an individual may use parts of the copyrighted material to criticize, comment, report, teach or do research. Using large portions of the copyrighted material may be considered to be infringement of the copyright.

Would an image or quote on a t-shirt need to be copyrighted?

According to intellectual property law, if the image and quote on the t shirt is original, then it may be automatically copyrighted from the time it is created. However, the owner of the image can copyright it for legal benefits. Though it may not be protected by copyright, it can be used as a trademark.

As per intellectual property law, what work would be considered to be in the public domain?

According to intellectual property law, any work that is published without a copyright notice may be in the public domain. Also, any work whose copyright was not renewed in the 28th year after it was published may be in the public domain.

Can two different companies register under the same trademark?

Two different companies may be registered with the same name and trademark if they belong to different fields and industries. Companies in the same industry may not register under the same trademark

Can a concept or idea be copyrighted under the intellectual property law?

It is unlikely that a concept or idea can be copyrighted under the intellectual property law. However, the individual who owns the idea or concept may apply for a patent for the concept. It may cost the individual about $4000 for the entire patenting process. The product that is created from the idea can become the trademark of the idea.

Can an individual who is making a distribution agreement with his/her distributors use both the registered name as well as the “Doing Business As” name of the company in the agreement?

It is likely that an individual, who is making distribution agreements with various distributors may use both the registered and incorporated name of his/her company, as well as the “doing business as” name of the company for easy reference in the agreement as per the intellectual property law.

Would it be considered Copyright infringement if an individual sold DVD’s of music artists for promotional purposes?

According to the intellectual property law, it may be considered infringement of copyright if an individual physically copied the music of different artists without authorization, sold the music or if he/she enabled other people to violate the copyright of the musicians. If an individual sold music DVDs for promotional purposes, he would likely be sued by different artists for copyright infringement. He may not be prosecuted for criminal copyright violation though.

Having information about the different aspects of intellectual property law can help individuals protect their inventions and ideas and prevent them from being copied or misused.

Ask an IP Lawyer

Alex Reese
Alex Reese, Lawyer
Category: General
Satisfied Customers: 2749
Experience:  Experienced in intellectual property law
14461494
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Alex Reese
Lawyer
Satisfied Customers: 2588
Experienced in intellectual property law
Robert McEwen, Esq.
Lawyer
Satisfied Customers: 387
Licensed Texas General Practice Attorney
Thomas Swartz
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Satisfied Customers: 374
Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.

Recent Intellectual Property Law Questions

  • My agreement from 1993 says: "Author agrees that during the

    My agreement from 1993 says: "Author agrees that during the term of this agreement he grants the publisher first refusal on any work on the same subject that will conflict with the sale of the Work."
    Now I'm writing another book on same topic, actually calling it "2.0" version of book. Am I forced to either use the same publisher or not publish it at all? Never publish any work on the subject again? Do they own me for life on my life's work topic?
    What constitutes "same subject" and what constitutes "conflict with sale of this work"
    I recently wrote and self-published a book on mental game of baseball (the topic) -- did that break the agreement?
    Is self-publishing different from using an "official" publisher?
    Publisher is MacGraw-Hill.
    Do you know any loop-holes around this? I want to self-publish on topic.
  • I believe a video game developer has taken the title and the

    I believe a video game developer has taken the title and the main theme/idea of my book to develop a new video game. Please help.
    My name is***** phone number is ***-***-****
    *****@******.***
  • hello i am a virtual fashion designer for a game with Linden

    hello i am a virtual fashion designer for a game with Linden Labs some person is copying my designs and textures i filed a DMCA with the company to remove the stolen items, but now i am asked to take legal actions and court order to remove this person.. how i can file a court order for my designs i live in montreal and the person copying me is in USA

    Linden Lab has received your notification of copyright infringement under the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512.

    After having reviewed your notification:

    In compliance with the DMCA, the following work(s) have been expeditiously removed or disabled:

    Description of work(s):
    Wild Orchid _ RememberMe _ White
    Wild Orchid _ RememberMe _ Lace Black
    Wild Orchid _ RememberMe _ Red
    Wild Orchid _ RememberMe _ Lace Fuchisa
    Wild Orchid _ RememberMe _ Peach
    Wild Orchid _ RememberMe _ Black
    Wild Orchid _ RememberMe _ Lace Bronze
    Wild Orchid _ RememberMe _ Lace Pink

    Location of Work(s):
    https://marketplace.secondlife.com/p/Wild-Orchid-RememberMe-WHite/6218797
    https://marketplace.secondlife.com/p/Wild-Orchid-RememberMe-Lace-Black/6218800
    https://marketplace.secondlife.com/p/Wild-Orchid-RememberMe-Red/6218801
    https://marketplace.secondlife.com/p/Wild-Orchid-RememberMe-Lace-Fuchisa/6218795
    https://marketplace.secondlife.com/p/Wild-Orchid-RememberMe-Peach/6218798
    https://marketplace.secondlife.com/p/Wild-Orchid-RememberMe-Black/6218799
    https://marketplace.secondlife.com/p/Wild-Orchid-RememberMe-Lace-Bronze/6218805
    https://marketplace.secondlife.com/p/Wild-Orchid-RememberMe-Lace-Pink/6218794
    Inventory of SuzanneMichelle Resident

    Sincerely,

    The IP Team at Linden Lab

    [c:8575]
    [08:55] Sonia (sonia28.jie): Linden Lab has received the attached counter-notification under the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512, regarding the following work(s):

    Description of work(s):
    Wild Orchid _ RememberMe _ White
    Wild Orchid _ RememberMe _ Lace Black
    Wild Orchid _ RememberMe _ Red
    Wild Orchid _ RememberMe _ Lace Fuchisa
    Wild Orchid _ RememberMe _ Peach
    Wild Orchid _ RememberMe _ Black
    Wild Orchid _ RememberMe _ Lace Bronze
    Wild Orchid _ RememberMe _ Lace Pink

    Location of Work(s):
    https://marketplace.secondlife.com/p/Wild-Orchid-RememberMe-WHite/6218797
    https://marketplace.secondlife.com/p/Wild-Orchid-RememberMe-Lace-Black/6218800
    https://marketplace.secondlife.com/p/Wild-Orchid-RememberMe-Red/6218801
    https://marketplace.secondlife.com/p/Wild-Orchid-RememberMe-Lace-Fuchisa/6218795
    https://marketplace.secondlife.com/p/Wild-Orchid-RememberMe-Peach/6218798
    https://marketplace.secondlife.com/p/Wild-Orchid-RememberMe-Black/6218799
    https://marketplace.secondlife.com/p/Wild-Orchid-RememberMe-Lace-Bronze/6218805
    https://marketplace.secondlife.com/p/Wild-Orchid-RememberMe-Lace-Pink/6218794
    Inventory of SuzanneMichelle Resident

    Accordingly, the above-identified work(s) may be reinstated in 10 business days unless we receive from you notice that you have filed an action seeking a court order to restrain the Second Life user who allegedly infringed the work(s) from engaging in infringing activity related to the work(s) in the Second Life environment.

    For more information about the DMCA, see our policy page at  http://secondlife.com/corporate/dmca.php  and the explanation of the DMCA process at http://www.chillingeffects.org/dmca512/.

    Sincerely,

    The IP Team at Linden Lab

    [c:8575]

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