Intellectual Property

Software Includes Common, Oft-Used Design Templates

Mizz_B — Tue, 17 Nov 2009 14:40:58 GMT

I apologize in advance for this being long, mostly because I had to include a portion of some legal wording.

I am an artist who is working on a series of designs that are very intricate, but involve certain well-known templates that everybody who does this type of work uses. I plan to sell this artwork at some point in the future with some value-added features that are my own design.

I just downloaded some software that purportedly makes it easier to make these designs digitally and print them out when finished. I downloaded the free version (which I have not yet installed), and there is an option to upgrade the features for a small fee.

The software says that it comes with some pre-loaded templates (the parts of the design that everyone has used). I thought of this software's function as akin to Photoshop --- a program that is a digital design aid and printing tool. People use Photoshop all the time to design artwork, but the artwork they design remains their own intellectual property. Everyone understands, though, that the Photoshop program's intellectual property rights belong to Adobe.

When I went to install the software that I downloaded, I read through its terms and agreements, and am not sure about some of the wording:

"The software is owned by [company]. All rights in the Software including patents, trademarks, trade secrets, design rights, engineering rights, and any other intellectual property rights belong to [company]...No part of the software may be reproduced, published, transmitted electronically, mechanically or otherwise, transcribed, stored in a retrieval system or translated into any language in any form, by any means, for any purpose other than the user's personal use, without the express written permission of [company]...By installing or using the software, you agree that the laws of [foreign country] will govern these Terms of Use and any dispute of any sort that might arise between you and [company] will initially fall under the jurisdiction of [city name] District Court, [foreign country]."

One would think that this wording would apply only to the design rights of the software itself, and not to any designs that come out of it. However, because the software also includes design templates for many of the most common building blocks of the type of design I'm doing (phrased on the website as "[image] This work is included in sample data of [software]"), it makes me wonder whether parts of the designs themselves would end up being considered part of the software's "design rights ... and any other intellectual property rights."

Also, does the wording "No part of the software may be reproduced ... for any purpose other than the user's personal use, without the express written permission of [company]" apply just to the software itself? Or does it restrict my use of the software to only designs for my personal use?

I have a problem with people applying copyrights to the basic templates of this type of artwork. There are books available which show people how to create designs using this type of artwork. They, too, show some of the basic templates, but then have copyright statements in the beginning of their book reserving all rights. I guess if I could give an analogy, it would be like somebody putting out a book showing how to draw circles and squares, and then putting a copyright notice in the beginning reserving all rights. That wouldn't hold in court, right? But does it prevent someone from suing and causing trouble?

Thanks for your help.

licensing agreements

eed8283 — Tue, 10 Nov 2009 19:34:41 GMT

Does a license agreement protect the licensor from illegal acts of the licensee?

How to License IP?

MichelleInfo — Mon, 09 Nov 2009 21:54:08 GMT

Are there general forms I can use to License IP for resale? I will meet with an appropriate Attny but want to know if there are general forms I can find online to review first.

Does this belong to me or my company?

ylib — Thu, 29 Oct 2009 17:52:37 GMT

I work for a small office supply company. Every day, I go through the same tasks. One day, I decided to create a utility program to help me automate my tasks a little and save time. This utility was my idea and I worked on it only during my spare time at home (never on company time). When I finished it, I brought it into work and started using it. My boss saw it, and loved it.

Now, my company wants to market it as THEIR product. Who does this utility belong to, legally? Again, it was entirely my idea without consultation from the company, noone else worked on it, and I only worked on it on non-company time.

Thanks for any help!

Internet purchase

Roman2468 — Wed, 21 Oct 2009 02:47:10 GMT

I recently ordered what was described as "NFL/NHL/MLB style" jerseys with a few friends from a source we found on the internet. They were ordered from China. They stated the jerseys would only be the colors of professional teams, with only the names and numbers I chose. So, 5 of us decided to order a couple for each of us, as well as several for other members of each of our family members. In total we ordered 21 NFL, 3 NHL and 2 MLB. I contacted DHL about they delivery, as I was asked by their online tracking system. I was informed that the jerseys were deemed "fake" by customs and seized. This is my first time ever ordering from overseas like this. Does anyone know what will proceed from here and what my options are? I have already read on www.cbp.gov that if the used trademark logos on the jerseys, they are considered counterfeit. Any help would be appreciated.

Copyright Epiration on Photographs on Internet

Gooddoggy — Tue, 29 Sep 2009 01:06:59 GMT

I am writing a book based on a German business family. There are roughly 15 photographs I want to use of this family that appear in a book and online. I would like to know if I am leagally allowed to use these photographs without their written permission. Most of these photographs were taken more than 100 years ago. The most important photograph appears on their German website and was taken about in the year 1870.

After how many years does a photograph become public domain?

Gooddoggy — Tue, 29 Sep 2009 19:46:21 GMT

The photographs were taken in Germany by a photographer for a wealthy family. The wealthy family is in the photo and it was taken around 1868. How do I know- legally speaking- that the copyright has expired?

Please do not ask me what the family's name is. I can't tell you.

Thanks,

Can a business method get a provisional patent?

startgroup — Fri, 18 Sep 2009 18:21:36 GMT

Normal 0 false false false

I am aware of business method patents, and I am aware of provisional patents. I haven't found if a provisional patent can be applied for under a method patent. (trying to save money, my business idea is a bit risky with so much competition. But I am 99% sure they will steel my idea within a matter of months).

Thanks for the advise. Also, any referrals to affordable method patent help would be good too! :)

Thank you!

Do I need a license?

Mr Liam — Thu, 17 Sep 2009 16:32:37 GMT

I want to make a mural for commercial sale from a privately owned but public site. Do I need a license from the owner?

Can I protect my product in any way?

Trademark insight...

black2002ls — Thu, 23 Jul 2009 21:59:05 GMT

Here is the short story. My best friend and I helped to build up a bar/music venue in a less than stellar market. We turned the place from where no one wanted to go, to where everyone wanted to go. Along the way we coined some phrases to help advertisement. These were used in radio ads, print ads and such.

One phrase in particular. We did Acoustic shows on Tuesday Nights. We called them Texas Tuesdday Nights: The best in Texas unplugged. Could this be considered intellectual property?

My concern is this. We have since parted ways with this establishment, neither of us ended up comfortable with their practices and empty accusations on a weekly basis after the 7 months we spent there. They, however, continue to use our phrases in their advertisements without any written or expressed approval from us. Do we have any recourse against them? We will remain in the same marketplace as we have just purchased a similar type venue in the same County. In my eyes personally, as I am a songwriter. I find this unethical. Its like someone taking a song that I wrote and recording it wihtout my expressed consent (I understand that songs are copyright and I'm more referring to trademark, but its a principals thing.

Thank you

What to do if someone steals a logo that was created?

WarrenPeace — Fri, 11 Sep 2009 15:46:15 GMT

I'm a volunteer coach for a youth football team in Tampa, Florida. I created a logo to be used for the team on their letterhead, shirts, website, etc. The logo was created by using Photoshop and some clipart that I found online, also I used the Rattler head from FAMU (Florida A & M).

I also created a modified version of the original logo to be used on our coaches shirts as well.

We emailed the logo that we wanted to the company that made our shirts. We received the shirts and the company was paid for their troubles.

The problem is that a few weeks later at a game I saw another team with the exact same logo on their coaches shirts as well. The only difference was the text. Our had our team name and the other team had their name on it. Outside of that, it was an exact copy of what I created. I tried reaching out to the company that did our shirts asking how or why this happened. To this date I have not received an answer.

What are my options?

I did not copyright the logo but I do have proof that I am the creator of the logo.

Is this a copyright infringement?

nightmare0571 — Mon, 31 Aug 2009 03:04:24 GMT

I'm an amateur writer. I'm about to start work on a project and I wanted to know if I would be breaking copyright laws if before I get too far into it. It's a fiction story where the main character is a sci-fi "nerd" who is a fan of Star Wars, Star Trek, etc. The story takes place in this world and current time. Can I have this character talk about elements of these and other movies, books, etc? For example, he has "Dreams of being a Jedi" or " His living room is a replica of the bridge of the Enterprise."

Thanks.

Recipes Again-This Time Brand Names

ScrptrJn316 — Thu, 13 Aug 2009 17:06:14 GMT

Generally speaking, is it okay to list brand names in the ingredients list of a recipe?

How to pursue international copyright violation?

rosannadagnillo — Wed, 17 Jun 2009 22:29:07 GMT

Greetings,

I write and sell video tutorials for music and 3D engineering software. The product for sale is a computer-read DVD, with online download of course files available. It is a modest business but does provide support for my family hence I am careful about keeping it viable!

I have many international pirates of my products on the internet. They offer my courses for sale via download. Where possible, I have tracked down domain registration contacts via who-is, although accuracy of this information is questionable. Nat... my letters formatted using appropriate TRIPS and DMCA terminology go unanswered. Sometimes I get an "f_ ck you, nyah nyah" in reply.

My questions:

1) Is my only recourse to track down and file a lawsuit against the pirates within their country?

2) Does the US International Trade Commission handle small business matters like this? I'd noticed that large music companies are using this as a forum to pursue copyright infringement.

3) Are the companies that provide service to pirates and otherwise facilitate their theft from me liable for damages and required to shut down pirates? Egs: domain registrars, credit card processors (Amex, paypal), search engines (google).

4) Is there a niche of attornies or other group who handles such pursuit on behalf of small businesses, who otherwise could spend 24/7 chasing pirates?

Many thanks for your time.

Rosanna D'Agnillo

publication rights?

berlin47112 — Wed, 12 Aug 2009 03:48:51 GMT

my better half worked about 18 years as director in a medical research company. she got laid off last week.

during all those years she was part and named in several papers and publications.

what happens now, are their any "rights"? or money compensations?

Usage of Quotes

ScrptrJn316 — Mon, 03 Aug 2009 02:45:19 GMT

I've heard that "fair use" that allows quotes and brief samples to be used for non-commercial purposes. However, info I've read about this doesn't seem to address the issue of using quotes in commercially published books. The book in question that a friend is writing would have quotes from the Founding Fathers and other long-dead historical figures, but might include some from contemporary politicans, too. Would permission need to be obtained for one or two sentence quotes offered with attribution?

Deadbeat business owner wants domain name

Lu Lu2 — Sat, 25 Jul 2009 09:34:12 GMT

I worked as a website designer for a business and was never paid for my work. I quit, of course. Now the business owner wants me to give him the domain name so a new site can be created. I told him I would give him the domain name only if he paid me the 500 he owes me.

I'm not cybersquating. I'm not acting in bad faith. Can I hold the domain name for non payment of web design fees? I'm in CA.

a copy of a RPG game ...is this legal?

sdsmith64 — Mon, 03 Aug 2009 18:40:50 GMT

Hi...I was looking around on the net for rpg scripts that i could buy to start a small mmorpg...well i find a site that's selling something called "Space Commander" that looks like a clone of Ogame... go here for the copy: http://www.rpgbunny.co...

and here for Ogame: http://www.ogame.us ...look at "screen shots" for Ogame and "See 4 more pictures" for the copy one

is this legal?! If i buy this and call it something else like "space warriors" and change some of the graphics and put it on my server (in the US) would i get in trouble? copyright violation? thanks, Steve (45yr)

W3C Royalty-Free (RF) Licensing Requirements

Digital Matrix — Sun, 02 Aug 2009 03:38:55 GMT

Normal 0 false false false MicrosoftInternetExplo... Dose anyone have any experience with the World Wide Web Consortiums W3C Royalty-Free (RF) Licensing Requirements?

The World Wide Web Consortium is one of the main bodies that makes “standards” for the communications on the internet. They make standards for email, web page languages, and other “protocol” technologies and makes them available to the world for implementation.
One of the big reasons (in my opinion) someone hasn’t come up with a good way to fight spam and other security problems on the internet is because of the WG3’s mandatory Royalty-Free (RF) Licensing policy.

http://www.w3.org/Cons...

This policy demands that any new patentable or patented technologies an individual or company comes up with, be made available to the world free of charge, with no compensation of any kind. This is necessary in order for your idea to be considered for recommendation to be a new standard. It’s kind of a real innovation killer, but has anyone had any experience with this policy and are there recommended ways to comply with it and still find a way to make a profit? If anyone reads this policy, can you see an option to invent products or services that are enabled by another invention that would be in compliance with the WC3’s policies?

In other worlds if you invent a new protocol for the world to use, and you give it away for free in compliance with the W3C policy, can I still profit from another invention that “feeds” off the first?

Your thoughts?

Movie Poster Copyright Infringement Question

Hacky415 — Thu, 16 Jul 2009 04:21:13 GMT

I would like to reproduce and sell posters of 50's & 60's American movies designed and printed in Poland (for Polish movie goers), in the United States.

Do I need licencing&nb... if they are not copy-protected in the US?

How can I find out if they are?

What kind of lawyer would I need to hire if I need to forge a licencing ...

Thank you