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Intellectual Property News
Fair Use Of The Copyright Act Of 1976
OLC Memorandum on Whether Government Reproduction of Copyrighted Materials Invariably is a "Fair Use" under Section 107 of the Copyright Act of 1976 (April 30, 1999)
There is no "per se" rule that government reproduction of copyrighted material -- including, in particular, government photocopying of copyrighted materials for internal government use -- automatically qualifies as a fair use under section 107 of the Copyright Act of 1976. However, government photocopying would in many contexts be noninfringing because it would be a "fair use"; and there are good reasons that, if an agency decides to negotiate photocopying licensing agreements, it should seek to limit the scope of any such arrangement to cover only those government photocopying practices that otherwise would, in fact, be infringing. Analysis of these issues is provided via the link below:
When to use an R with circle -- ® -- or a TM with circle
The TM with circle Tradmarked can be used at anytime in the process it’s a notice of reserving. An R with a circle federal registration symbol can only be used when the intellectual property is actully registered in the government office.
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Definition:
The Berne convention protects literary and artistic works and it was signed in Berne, Switzerland, on September 9, 1886.
Utility Patent
Definition:
May be granted to anyone who invents or discovers any new, useful, and nonobvious process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof.
Joint Work
Definition:
This is a work prepared by two or more authors with the intention that their contributions be merged into inseparable or interdependent parts of a unitary whole. (See 17 USC § 101. Definitions.15) The authors of a joint work are co-owners of copyright in the work. (See 17 USC § 201(a).16)
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