#Intellectual Property Law

[davidmariottecomics]

Copyrights and Wrongs, Part 1

Hello there! 

Feels like it's been a bit since we last spoke, and I'm sorry for that. Two weekends ago, Becca and I were out of town (I'll share a little bit of that later) and then last weekend, I was just dealing with being really depressed and uninspired and I didn't want to just not write my blog, I didn't really want to do anything. I'm doing a bit better and am about to have a lot to talk about, probably for a few weeks (at least 2-3), so buckle up and get ready! This blog's a special one because appropriate for the time of year, it has HOMEWORK!!!

Also, as a head's up, this first part's going to be a bit shorter as Becca is at Cartoon-a Palooza starting this afternoon! More on that below too! 

What is Copyright? 

Copyright is both exactly what the name says and a much deeper, more complex thing. In a nutshell, it is the right to copy a creation. If you draw a piece of art, if you write a poem, if you design a machine or a building, if you compose music for a song, if you write a blog even (hehe!), under U.S. law, you are the owner of that work and other people can't use it without your permission. 

In more concrete terms, copyright is a form of intellectual property law that defines ownership and use of art under some pretty specific terms. The three biggest ones being: originality, creativity, and fixation. Originality asks if a work is original and unique. What that means is if you and your friend see a cool dog, and you both draw a picture of it, as long as your friend didn't just copy your exact picture, you both now have an original piece of work. Maybe the most commonly thought of example against originality is plagarism, where someone takes another person's written work and tries to pass it off as their own. Creativity is maybe the most nebulous term involved in determining copyright and often overlaps against originality, but should broadly be thought of as the work's intent and execution. Let's say you put together a Pintrest board of inspiration. It isn't meant to be a unique creation or piece of art unto itself, it's just a bit of reference. But if you printed all of the images from that Pintrest board out and collaged them into a piece of art, that would qualify as a creative effort. Finally, fixation refers to whether or not you actually made the thing in a trackable way. If I sing my cats a silly little song to announce their breakfast, but I never write that song down and it isn't ever recorded, it isn't fixed and there isn't proof that you've made the thing. However, if I shoot a TikTok of me singing that song to my cats, hey, I've got that record and I'm set. 

That's a very basic overview and, like I said, copyright is complicated. Being a set of laws revolving around ownership in a capitalist system, there're whole sections of the legal industry dedicated to arguing out and testing and defining the limits of copyright. The other really basic stuff you need to understand about copyright for the rest of this conversation are what you can do as a copyright holder, how long copyright lasts, and what "fair use" is.

Here it is from the horse's mouth--the U.S. Copyright office--but the rights a copyright holder has come down to reproduction, continuation, and distribution. You can make more of your work, either through copies or by creating more new work covered in part by your initial creation, and you can display it or sell it or perform it or otherwise make it available. As part of sale, you can also sell the copyright itself--transferring the ownership to someone else. A lot of comics is done with this step happening before the work is started as "work for hire." This basically says that if you're creating an image for a company that owns the copyright to, say, a character like Batman or property like Transformers, you understand that their copyright to the initial work of art supersedes that of the work you now produce for them, and in exchange, they're going to pay you for your creation and any rights that might otherwise be claimable with it. Not to say it too many times, but it's a complicated system and one that has a lot of very reasonable and righteous criticism lobbed at it. There's often a bit of a rub between copyright as protecting creators and copyright as protecting companies.  

Companies, for example, famously have been responsible for the expansion of copyright after the death of the author. Current U.S. law dictates copyright for modern creation lasts until the death of the author, plus 70 years. After that, works enter what we call the public domain (more on that in a sec). But just to really put that into perspective: Stephen King is still alive! And there is a distinct chance that his books won't be available until the 2100s under current copyright law. Or, rather, most of his books. If I did my math right, I believe Carrie will be available in 2069 because it actually pre-dates the current code! And this is further complicated by various other things--like work-for-hire creations and anonymous creations have different term limits, and we're reaching an interesting point where some original works are becoming public domain, but their derivative works are still copyrighted (like, say, Mickey Mouse. Steamboat Willie, the first Mickey short, will hit the public domain in 2024, but ALL OTHER MICKEY STUFF will still be under Disney). 

Which brings us back to public domain and fair use. To briefly tackle public domain first, it is the idea that after a copyright expires, that work is available to anyone to use as they please! You wanna tell a Dracula story? Do it! You wanna stage a Shakespeare play or adapt it into another medium? Do it! You wanna turn the Odyssey into a rock opera? Do it! Public domain says no rules, just right! Do it! It's a good idea to check what is in the public domain (Wikipedia linked as a starter) at any given point, just to see what may be available to you. This is going to be important in coming weeks. But everything in the public domain is fair use.

As are certain other things--if you're an Adobe subscriber and use photoshop, the software is copyrighted, but you've got fair use to use it, if you see a movie, the movie is copyrighted, but you've paid your money and have fair use to view it. There are certain limitations for research, education, and transformational uses too. I can't get into all the specifics, because they're varied and incredibly nuanced, but as a few examples: if Mad Magazine does a parody of X-Men called "Ecch-Men" or whatever (a thing they've definitely done), that's fair use--it's understood to be parody/satire and not the original work. If a textbook is publishing a historically significant photo, that may be under fair use. Posting a quote from a book on social media and in a locker room with or without proper attribution may be fair use (this is a real example). 

Okay, that's a lot to take in and we haven't even gotten to stuff like trademark, patent, or infringement. But hopefully that's enough of a primer that you'll feel confident in the coming weeks of conversation. 

Homework Time 

Toldja there'd be homework! So here's what we're going to be talking about over the next few weeks that you might wanna get yourself primed on too! 

First off - The Copyright office is conducting a study on generative AI and taking into account public opinion and information on it related specifically to copyright. Public comments are open until October 18th. I already submitted one--that I may reproduce in part or in full here--but if you are (rightfully) concerned about "A.I." as it currently exists and the many ways in which it is already violating copyright law, definitely take the time to share a comment! 

Secondly - You may've seen the news in the past 24 hours that Bill Willingham is releasing Fables into the public domain. I'm linking to the A.V. Club's article because well... you all know how I feel about Substack (and you may know how I feel about Willingham himself, which is to say, he sucks!). Next week, this'll be our first topic of discussion to see what that actually means. And please remember, I'm not an expert in copyright law, but I do wanna discuss it! 

Finally - No homework on this one, but the other thing we'll be talking about is digging a little bit deeper into work for hire and the complicated relationship between comics, artists, and licensed and unlicensed works. 

See ya next week! 

What I enjoyed this week(s): Blank Check (Podcast), Dungeons & Daddies (Podcast), Craig of the Creek (Cartoon), Honkai Star Rail (Video game), One Piece (Manga), One Piece (Live Action--I know there are some strong feelings on this take, but maybe we'll talk about that in a future blog), Birds of Prey #1 (Thompson, Romero, Bellaire - Comic), Blue Beetle #1 (Trujillo, Gutierrez, Quintanta - Comic), Shazam (Waid, Mora, Sanchez - Comic), Fire & Ice: Welcome to Smallville #1 (Starer, Bustos, Bonvillain - Comic), The Archive Undying by Emma Mieko Candon (Book), Chainsaw Man (Manga), the Original McDonald's Museum. 

New Releases this week (9/13/2023): Sonic the Hedgehog #64 (Editor) Sonic the Hedgehog's 900th Adventure (Editor) 

Announcements: Becca is at Cartoon-a Palooza in Temecula on 9/15 & 9/16. It's a cool free all-ages little con, so come on out and see them! That's today and tomorrow at time of posting! They've got new stuff! 

Becca (and their letterer pal, Duke) has also got a new comic out! It's a short NSFW comic in Midnight Ouevres, the adult part of the Stellar Inflorescence Genshin Impact free zine! 

Wanna support me? Consider joining my Patreon!

I have a webstore! And I did, in fact, get a couple extra copies of Beast Wars Vol. 3! But check it out! Limited quantities on everything! 

I've still got a few things on my eBay, if you're looking for stuff! 

Pic of the Week: Becca and I were in Vegas a couple weekends ago, saw Weezer. It was fun. But on the way back, we stopped by the Original McDonald's Museum in San Bernadino! It's a fascinating little place, in the building that was built where the first McDonald's was before it was torn down and rebuilt to be a little theater. It's also not recognized by the McDonald's corporation because this is the location the founders kept for themselves when they ultimately sold the rest of the company to Ray Kroc. Anyway, so it's a funky little place with a lot of history and is full of toys and packaging and photos and outfits and this big Grimace suit with Becca! 

[dougielombax]

Copyrighted property of ABSOLUTELY NOBODY!!!!!!

[indigovigilance]

Okay but guys this actually made me a little very sad.

Because the implication is that, if not for this, NG might actually read a couple fics. Not all of them. But a few. Probably from a curated shortlist sent to him by Michael Sheen. And he would probably like them, or at least get to enjoy that warm fuzzy feeling that the cast gets from seeing fanart.

This is the grown-up equivalent of sticking bubblegum under the desk so now no one gets to chew gum at school, including the guy that created your favorite flavor of bubble gum.

I don’t know if that metaphor works but we’re running with it.

Why I won't read your (or anybody's) fan fiction. Because there are people out there who will decide that I stole their ideas, and who will, against all sanity, sue.

[shekhawatlaw]

Top IPR Law Firms in India: Protecting Your Intellectual Property

Imagine you've spent months crafting a captivating novel or inventing a groundbreaking gadget. Intellectual property (IP) law acts as a safeguard for your creations, ensuring you own the rights to your ideas. Just like owning physical items such as a bicycle or clothing, IP gives you ownership of what you create using your mind.

 

Why Do We Have Intellectual Property Laws?

Encourages Innovation: IP laws provide creators with the confidence to innovate, knowing their ideas won’t be stolen. This security fuels the development of new inventions, technologies, and creative works.

Rewards Creators: If you create something beloved by many, like a hit song, IP allows you to earn money from your hard work. It’s a system designed to ensure creators are fairly compensated.

Protects Businesses: Companies rely on distinctive names, logos, and inventions to set themselves apart. IP helps them protect these assets from being copied, preserving their brand reputation and customer trust.

The Importance of Technology Law Firms in India

As one of the top IPR law firms in India, Shekhawat Law specializes in helping individuals and businesses navigate the complexities of IP law. Whether you need assistance with patent filings, trademark registration, or copyright protection, our legal experts ensure your intellectual property is fully safeguarded.

A Brief History of Intellectual Property

While the concept of owning your creations has existed for centuries, robust IP laws only emerged a few hundred years ago. This evolution coincided with an era of significant innovation, as new machines were invented and numerous books were written, necessitating stronger protection for creators.

The Challenges of IP Laws

Finding the Right Balance: IP laws must protect creators without stifling creativity or making it too difficult to build on existing ideas.

Global Harmonization: Each country has its own IP laws, making international cooperation a challenge. Establishing global standards for IP protection remains a constant endeavor.

Piracy: Some individuals or businesses bypass IP laws, copying or selling creations without permission. This illegal activity undermines the hard work of creators and harms legitimate businesses.

Why IP is Important in India

India as a Creative Hub: India is home to countless artists, writers, and inventors. IP laws allow these creators to protect their work, ensuring they can earn recognition and compensation for their efforts.

Attracting Foreign Investment: Strong IP laws attract international companies, confident that their ideas and innovations will be secure in India.

Fueling Economic Growth: By encouraging innovation, IP laws contribute to job creation and economic development, making them an essential component of a growing economy.

 

Common Types of Intellectual Property

Patents:

Protect inventions such as new medicines or technological devices.

Copyrights:

Safeguard creative works like books, songs, films, and paintings.

Trademarks:

Defend logos, brand names, and slogans (think of the iconic Nike swoosh!).

Trade Secrets:

Cover confidential business information, such as secret recipes or marketing strategies.

 

In Conclusion

Intellectual property law is vital in protecting the brilliant ideas and hard work of individuals and businesses. For countries like India, IP laws are crucial for encouraging creativity, fostering innovation, and driving economic growth. With the right legal support, like that offered by Shekhawat Law, your intellectual property is in safe hands.

If you need more information or specific advice on a particular aspect of intellectual property law, feel free to reach out to us!

[mycase365]

Intellectual Property Law | Mycase365.com

If you are looking for economical and thorough Intellectual Property Law services, go no further than Mycase365.com to safeguard your ideas and works of art.

Intellectual Property Law

[alfahallaw]

Protect your creations with expert guidance from intellectual property lawyers. Learn about Intellectual Property Law, its importance in Saudi Arabia, and how law firms help secure your innovations.

[theabstruseone]

Hey, something that hits my personal interest areas of cooking, the folk history of the Olden Days of the internet I grew up in, and copyright law with implications for tabletop roleplaying games!

The reason why all these recipes start off as a blog post with the actual recipe way at the bottom is to protect the creator of the recipe. Because recipes are not protected by copyright. They're simply a description of a procedure. You list ingredients and say what to do to those ingredients. You can't legally protect that under copyright law.

But you can copyright the EXPRESSION of the procedure. For example, I can't claim copyright on the game mechanic "Roll a twenty-sided die, add a bonus based on the ability score of your character, compare the result to a fixed number based on the difficulty of the task, and if the result is equal to or higher, you succeed at the action." Nor can Wizards of the Coast, who you might remember own Dungeons & Dragons, the game which uses that as its core mechanic. I CAN, however, copyright that very specific paragraph describing HOW you roll a twenty-sided die and add a number to it to determine the result of an action. And the more unique that paragraph is, the stronger my ability to claim it as my intellectual property.

So back in the day, a lot of blogs shared recipes. They were all over the internet with people sharing both their classic family recipes as well as their own unique creations. This got more popular around the same time as cooking in general became popular with Food Network and the celebrity chef rising to prominence.

This means there was now money in putting recipes on the internet. So a lot of people started making their own cooking blogs and websites by simply copying and pasting recipes from other websites then cramming their website full of advertising in order to make money off it.

The people who saw their secret family recipe posted among a sea of ads for cheap Viagra got upset, but found out there wasn't exactly much they could do about it. Recipes can't be protected by law and, even if they wanted to claim it was word-for-word recreations, it would be difficult to prove in court that it WAS ripped off rather than just someone who came up with the same recipe on their own.

So the people posting the recipes realized they needed to add more of their own creation to the recipes in order to protect them. That meant getting more creative placing the recipes in context of their life story. You know, personalizing it.

This started off an arms race between people stealing content for their own sites and creators attempting to protect their recipes. And because cooking itself was becoming more of a big deal, companies were now involved. Bots were scraping sites and major media companies and publishers were sending their lawyers after them as best they could.

Long story short, this is where we are currently at. People who want to post recipes have to write entire 2000 word essays at the front to both make room for the publisher's advertising dotted about the recipe AND to ensure that, if a bot scrapes the site to post the content elsewhere, they're more likely to grab a part of an autobiography that will allow for a DMCA takedown to stick.

But how does this relate to tabletop roleplaying games? Because recipes and game rules are the same way. You can't legally protect game rules under copyright, but you CAN copyright how you write up those rules. Which became a talking point in January 2023 when Wizards of the Coast decided they wanted to mess around with the Open Game License used by third-party publishers to make content compatible with Dungeons & Dragons.

A lot of commenters with no experience in tabletop roleplaying decided to chime and point this out not realizing that, after a long series of lawsuits over the decades, the tabletop RPG industry was well aware of this fact already and, by this point, Dungeons & Dragons is written like Becky's lost sister before the lava cake recipe in order to protect it. Also, Hasbro has lawyers and small publishers do not. And unlike the fly-by-night copy-pasting bots, they can't just set up shop with a new account on a different web hosting service in a couple of hours.

Anyway, if you want to know why you have to read through someone's purple prose filled autobiography to figure out how to make puff pastry cups, now you know.

[vanillalaw]

Corporate Lawyer Singapore: Essential for Business Success

In Singapore's dynamic business landscape, corporate lawyers play a pivotal role in providing vital legal counsel and strategic guidance to businesses of all sizes. At VanillaLaw, we understand the complexities and challenges that businesses face, and we are committed to delivering expert legal solutions that support our clients' growth, compliance, and success.

The Role of a Corporate Lawyer

Corporate lawyers specialize in corporate law, which encompasses a wide range of legal issues related to business operations, governance, transactions, and compliance. They serve as trusted advisors to businesses, offering guidance on legal matters that impact their day-to-day operations and long-term strategic goals. From startups to multinational corporations, corporate lawyers play a critical role in ensuring that businesses operate within the bounds of the law while maximizing opportunities for growth and profitability.

Services Offered by Corporate Lawyers

1. Corporate Governance and Compliance

Corporate lawyers advise companies on corporate governance best practices and ensure compliance with regulatory requirements. They assist in drafting corporate policies, conducting board meetings, maintaining corporate records, and navigating legal obligations to promote transparency and accountability within the organization.

2. Mergers and Acquisitions (M&A)

M&A transactions are complex undertakings that require meticulous planning and execution. Corporate lawyers facilitate mergers, acquisitions, joint ventures, and divestitures by conducting due diligence, drafting transaction documents, negotiating terms, and coordinating with other professionals to ensure seamless transactions that align with their clients' strategic objectives.

3. Commercial Contracts and Transactions

Drafting, reviewing, and negotiating commercial contracts is a core responsibility of corporate lawyers. They ensure that contracts governing business relationships, such as supplier agreements, distribution agreements, and licensing agreements, are clear, enforceable, and protective of their clients' interests.

4. Corporate Restructuring and Insolvency

During times of corporate restructuring or financial distress, corporate lawyers provide strategic advice on restructuring options, debt restructuring, insolvency proceedings, and creditor rights. They help businesses navigate these challenging situations while minimizing legal risks and maximizing recovery options.

Why Choose VanillaLaw for Your Corporate Legal Needs?

Expertise and Experience

At VanillaLaw, we have a team of experienced corporate lawyers with deep expertise in Singapore's corporate laws and regulations. Our lawyers have a proven track record of delivering effective legal solutions that address complex business challenges and opportunities.

Client-Centered Approach

We prioritize building strong client relationships based on trust, integrity, and understanding. Our corporate lawyers take the time to understand our clients' business objectives and tailor legal strategies that meet their specific needs and objectives.

Comprehensive Legal Support

From corporate governance and compliance to M&A transactions, commercial contracts, and corporate restructuring, VanillaLaw offers a comprehensive range of corporate legal services. We are dedicated to providing proactive legal advice and strategic counsel that empower our clients to achieve their business goals.

Conclusion

Corporate lawyers are essential partners for businesses seeking to navigate legal complexities, ensure regulatory compliance, and achieve sustainable growth. At VanillaLaw, we are committed to delivering exceptional legal services that contribute to our clients' success and long-term prosperity.

Contact us today to schedule a consultation with our experienced corporate lawyers and discover how VanillaLaw can support your business needs. Let us be your trusted partner in legal excellence and strategic counsel in Singapore.

[flukeoftheuniverse]

If you've ever wondered "Gee, do librarians talk about intellectual property law?" just know that this morning a coworker asked me to explain Fair Use and how it applies to the use of music in storytimes and some of the words I said to her were "Unless you're using music by someone particularly litigious, like say, Metallica, for your storytimes, I wouldn't worry about it too much." She's not using Metallica. I think she'll be okay.

For the record, Fair Use in the US has a LOT of factors, so there's no one simple answer to this question. When it comes to music in storytimes, the key factors that work in our favor are that we're not making any money off of them, we're not replacing a potential revenue source for the rights holders, we're a non-profit public agency, we're not recording our storytimes for replay, and we're using the music for educational purposes. Now, if we were recording, putting the videos online, and accepting Youtube memberships as funding, that would be a different kettle of copyright lawyers.

[brandsmiths]

The Role of Litigation in Sports, Media, and Entertainment Industries

Maintaining the fairness, profitability, and integrity of the fast-paced media, entertainment, and sports industries requires litigation. As these industries develop and adapt, legal disputes become more complicated, necessitating a sophisticated litigation strategy. With their experience in these sectors, Brandsmiths is aware of the intricate and ongoing role litigation plays in a variety of business contexts, from regulatory compliance and contract negotiations to intellectual property conflicts and more.

Protecting Intellectual Property

Intellectual property (IP) is the lifeblood of the sports, media, and entertainment industries. IP assets, including trademarks, copyrights, and patents, are invaluable, often forming the core of a brand's identity and value proposition. Litigation becomes essential when IP rights are infringed upon, whether through unauthorised use of copyrighted material, trademark infringement, or the violation of licensing agreements. Effective litigation helps to safeguard these assets, ensuring that creators and companies maintain control over their work and receive appropriate compensation for their contributions.

For example, in the entertainment industry, music and film producers frequently face issues related to copyright infringement. Unauthorised distribution of content can significantly impact revenue and reputation. Litigation serves as a deterrent to potential infringes and provides a mechanism for recovery of damages, reinforcing the importance of respecting IP rights.

Contract Disputes and Enforcement

Contracts are the backbone of professional relationships in sports, media, and entertainment. These agreements cover a wide range of issues, including employment terms, sponsorship deals, broadcast rights, and licensing agreements. Given the high stakes involved, breaches of contract are not uncommon. Litigation is often necessary to resolve these disputes and enforce contractual obligations.

In the sports industry, for instance, athletes and teams frequently enter into complex contracts covering performance incentives, endorsement deals, and transfer agreements. Disputes may arise over the interpretation of contract clauses or alleged breaches, requiring legal intervention to resolve. Litigation ensures that parties adhere to their contractual commitments, fostering a fair and predictable business environment.

Regulatory Compliance and Disputes

The sports, media, and entertainment industries are subject to a myriad of regulations at both national and international levels. Compliance with these regulations is paramount to avoid legal penalties and damage to reputation. Litigation can arise from disputes over regulatory compliance, such as broadcasting rights, anti-doping regulations in sports, and content censorship in media and entertainment.

In media, for example, broadcasters must navigate complex regulations regarding content distribution, advertising standards, and viewer protection. Non-compliance can lead to significant fines and legal challenges. Litigation in this context helps clarify regulatory ambiguities and ensures that companies operate within the legal framework.

Defamation and Reputation Management

Public figures and entities in sports, media, and entertainment are particularly vulnerable to defamation. False statements and negative publicity can have devastating effects on careers and business operations. Litigation serves as a vital tool for protecting reputations and seeking redress for defamatory statements.

For instance, in the media industry, journalists and publications must balance freedom of speech with the potential harm their reporting can cause. Defamation lawsuits can clarify the boundaries of responsible reporting and protect individuals and organisations from undue harm.

Resolving Financial Disputes

Financial disputes are common in industries where substantial sums of money are at stake. Whether it's disagreements over revenue sharing, royalties, or profit participation, litigation helps resolve financial conflicts and ensures equitable distribution of earnings.

In the entertainment industry, disputes over profit participation are frequent, especially with the rise of digital distribution channels. Artists and creators often litigate to secure their rightful share of revenues from streaming services and other platforms. Effective litigation in these cases ensures that financial agreements are honoured and creators are fairly compensated.

Promoting Fair Competition

Litigation also plays a crucial role in promoting fair competition within the sports, media, and entertainment sectors. Antitrust issues, such as monopolistic practices and anti-competitive behaviour, can stifle innovation and limit consumer choices. Legal challenges to such practices help maintain a level playing field and encourage healthy competition.

In sports, for example, litigation has addressed issues like team collusion and unfair competitive practices. By challenging these behaviours, litigation promotes a more equitable and competitive environment, benefiting both participants and fans.

Conclusion

The role of litigation in sports, media, and entertainment industries is indispensable. It safeguards intellectual property, enforces contracts, ensures regulatory compliance, protects reputations, resolves financial disputes, and promotes fair competition. As these industries continue to evolve, the need for adept legal representation and robust litigation strategies will only grow. Through effective litigation, the integrity and vibrancy of these dynamic sectors are preserved, fostering continued innovation and growth.

[theabstruseone]

This is true, but the Conan Doyle Estate has continued to file lawsuits against those making adaptations of Sherlock Holmes on the basis of the "character development" from the final ten stories meaning that any version of Sherlock Holmes that "shows emotion" is not the same version of the character in the public domain works and therefore is infringing. Most recently that I'm aware of, they filed a lawsuit in 2020 against Netflix, Legendary Pictures, and author Nancy Springer over the Enola Holmes series of YA novels and the feature-length adaptation.

The lawsuit was settled out of court, which is what typically happens because they'll offer a settlement amount that's cheaper than it would cost to fight in court. If this sounds like the tactics of patent trolls...that's because it is.

Fun Fact: in one month, all Sherlock Holmes stories hit the public domain and the Conan Doyle Estate can't do shit! I say this for absolutely no reason but also congrats in advance to the happy couple.

[cannabisbusinessexecutive]

The Impact of Cannabis Rescheduling on Trademark Law

Jacob J. Golan, Jonathan Hyman & Jonathan Menkes, Attorneys at Knobbe Martens On April 30, 2024, U.S. Attorney General Merrick Garland sent a shockwave through the cannabis world when he circulated a proposal that would shift marijuana from Schedule I to Schedule III under the Controlled Substances Act (“CSA”). If implemented, this would end marijuana’s decades-long classification alongside…

[mnmlawpartners]

Understanding Intellectual Property Law: A Beginner's Guide

Intellectual property law is an important but little-known area of the law. At the heart of our knowledge-driven economy, encouraging financial growth and fostering creativity depend on intellectual property and its protection. Let's examine the core concept of intellectual property law as well as some of its key features. What Is an Intellectual Property Law? Intellectual Property Rights (IPR) encompass the legal entitlements granted to inventors or creators, safeguarding their inventions or creations for a specified duration. These rights bestow exclusive privileges upon the inventor/creator or their assignee, allowing them full utilization of their invention or creation within the designated time frame. Importance of Intellectual Property Law in a Business For a thriving business environment, the safety of original ideas and strategies is pivotal. Intellectual Property Law comes into play here, Intellectual and Property Rights Safeguarding: Protecting intellectual and property rights is fundamental for securing innovations and creations. Expert Guidance from IPRs, Copyright, and Patent Attorneys: Consulting copyright lawyers, IP attorneys, and patent law experts ensures comprehensive legal protection. Navigating Patent Law Challenges: Skilled patent attorneys adeptly handle complexities in patent law, offering invaluable expertise. Adherence to Copyright Law and IPR Legal Compliance: Legal copyright practices and compliance with IPRs are vital for avoiding infringements. International Patent Law and Trade Mark Act Alignment: Aligning with international patent laws and the Trade Mark Act 1999 fosters global business strategies. Types of Intellectual Property Identification: Recognizing and identifying various intellectual property types is crucial for comprehensive protection. Efficient Trademark Attorney Services: Engaging trademark attorneys ensures effective protection under trademark laws. Role of Patent Law Firms and Copyright Solicitors: Partnering with patent law firms and copyright solicitors strengthens legal defense against infringements. Patent Attorney Registration and Expertise: Registration of patent attorneys ensures a high level of competence in the field.

7 Types of Intellectual Property to Protect Your Business Intellectual Property Law extends its blanket of protection across various aspects including - Copyright - Protects original works of authorship such as songs, books, films, paintings, software, and more Trademarks - Protects names, logos, and slogans that distinguish your business from others Patents - Offers exclusive rights over unique inventions allowing you to control its manufacturing, selling, or use. Geographical Indications - A sign used on goods having a specific geographical origin and possessing qualities, reputation, or attributes essentially attributable to the place of origin. Plant Varieties - Rights over new or novel plant varieties that you've bred or discovered. Industrial Designs - Rights over particular shapes, patterns, or colors applied to a manufactured product. Semiconductor Integrated Circuit Layout Designs - Protects the unique layout design of integrated circuits in computer hardware. Why Is It So Difficult to Protect Intellectual Property? Protection of intellectual property comes with its set of challenges. Monitoring its use on an omnipresent and borderless platform, the internet, is a Herculean task, particularly with the surge in digital technology. Identifying infringement can be complex and proving it in a court of law can even trickier. The enforcement of these rights worldwide is further complicated by the variations in intellectual property laws throughout nations. What Is Misuse of Intellectual Property Rights? Misuse of intellectual property rights implies the unethical or illicit use of another's intellectual property without their consent. This includes blatant copying, unauthorized use, failure to pay a royalty or avoiding the rights holder’s permission. It includes the legality fine line and may give rise to legal action. What Is the Penalty for Intellectual Property Infringement? Depending on the severity of the infraction and the jurisdiction it occurs in, Intellectual Property Law infringement penalties can vary from hefty fines to criminal consequences, including imprisonment. Civil Penalties: Monetary damages awarded to the rights holder for losses incurred due to infringement. Injunctions: Court orders prohibiting the infringing party from continuing the unauthorized use of the intellectual property. Criminal Penalties: In serious cases, criminal charges may lead to fines and imprisonment for the infringing party. Seizure of Infringing Goods: Authorities may seize counterfeit or infringing products. Statutory Damages: Pre-established damages set by law, often applied in cases where actual damages are challenging to quantify. Legal Costs: Infringing parties may be required to cover the legal costs of the rights holder.

Who can Assist you with Intellectual Property Law? Contact M&M Law Partners. Navigating the nuances of Intellectual Property Law could be intimidating. Reach out to the experts at M&M Law Partners, The Best Corporate Lawyers in Delhi, who can guide you through the process, help you assert your rights, and protect your hard-earned ideas and creations. FAQ How Long Does Intellectual Property Last? It depends on the type of intellectual property. For instance, a patent usually lasts 20 years, while a copyright extends for the life of the author plus 70 years. Can I Sell Intellectual Property? Yes, you can sell or license intellectual properties much like any tangible asset. Can I Lose a Patent? A patent can lapse if the maintenance fees are not paid or if the patented invention isn’t manufactured or used within a set period. What Cannot Be Protected as Intellectual Property? You can’t protect business ideas, mathematical models, unoriginal works, facts, or laws of nature as intellectual property. Who Issues a Patent? In the U.S., the United States Patent and Trademark Office (USPTO) issues patents. Remember that investing in intellectual property protection helps your firm expand rather than becoming another task. As they say, knowledge is power, and in this case, it is also your industry influence – guard it wisely.

[thecurioustale]

This is a horrible take.

Don't conflate the abuses of (and formal perversions of) intellectual property law by megacorporations with the vital protections offered by IP law to independent and even midsize creators.

Without these safeguards, the giant companies, the scammers and fraudsters, and criminal organizations would all rip off small creators' art in a heartbeat whenever they thought they could make money doing so. And they could certainly monetize your art better than you could, and divert a good chunk of your potential artist in so doing.

This isn't about some misguided delusion about becoming a millionaire. It's about the ability to earn income from your work. It is deeply anti-worker, morally puritanical, and profoundly cynical to straw man the legitimacy of the artistic livelihoods of artists in this way.

We need to reform our intellectual property laws, quite urgently and desperately so, for all the reasons that I'm sure IP law skeptics could point out (and then some). I'm not disputing that and completely agree with it. But even the current laws are tremendously valuable to anyone who creates intellectual property. Every midsize creator on YouTube and elsewhere will tell you about the constant fly-swatting that is dealing with the theft and reposting / reselling of their work. Without copyright protections they would not have a leg to stand on.

Being anti copyright is the only coherent politics for fandom (Nintendo is a threat to ambitious fanworks, the "Disney vault" is just a cutsey way of withholding legal availability of media of the public, if we want to preserve and transform things more rights and freedoms to do so should be fought for. Like, have you heard about what happened with American McGee and the rights holders to his games legally threatening him if he ever touched alice in wonderland again? Its fucked. Why don't people see this.

The only reason to be a pro copyright fan artist is of the belief that you will eventually become the next vivziepop or 50 shades of grey or whatever or get your IP bought by a huge company and cash out. We generally call this being a “temporarily embarassed millionaire”

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5 Reasons To Choose Intellectual Property As A Career

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