| Copyright Statutory Formalities |
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| Copyright protection in the United States is automatic upon the fixation of an original work of authorship. The use of the copyright notice and the registration of a work are referred to as formalities, which are the procedural requirements for securing and maintaining full copyright protection, and were formerly requirements for copyright protection. Some of the most sweeping changes under the 1976 Copyright Act involve copyright formalities. More... |
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| Trademark Priority |
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| In the United States, subject to one exception, trademark rights arise from use in commerce, regardless of whether or not the mark is registered. The first user of a mark generally takes priority over all subsequent users with respect to use of the mark in that market. More... |
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| The Audio Home Recording Act of 1992 |
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| The Audio Home Recording Act of 1992 (AHRA) is an amendment to the United
States Federal Copyright Act of 1976. It provides that parties who import or manufacture "digital audio recording devices and media" must make payments to the United States Copyright Office. These payments are meant to act as the royalties that those who have copyrighted music have presumably lost through the consumer use of digital audio recording devices. The royalty fees are invested in specific U.S. securities and then disbursed to copyright holders yearly through the U.S. Copyright Office
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| Plant Patents |
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| Under United States patent law, a patent may be obtained for mutations, hybrids, seedlings, and sports of known, cultivated plants. A sport is a new type of growth on a known plant such as a flower of a different color than is usual for that plant or a different growth pattern in the plant's branches or stems. If a new plant is not the result of breeding efforts but rather originated from a seedling that was discovered, the environment and conditions must be described to establish that the plant was found in an area of cultivated plants and not in the wild. A wholly new plant discovered in the wild may not be patented. In order for a new plant to be patented, it must have at least one significant and distinguishable characteristic that differs from existing varieties of the plant. Plants that are reproduced through their tubers, such as the Irish potato and Jerusalem artichokes, are specifically designated by the patent statute as ineligible for a plant patent. More... |
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| Patents |
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| A patent allows an inventor to exclude others from making, using, selling, offering for sale, or importing the patented invention without the inventor's permission for a limited period of time. Patent rights are granted by federal law, which also provides that an inventor whose patent is infringed may seek a remedy in court as one might for other wrongs. There are several defenses to patent infringement that may be asserted by one who is sued for patent infringement. One defense that not only will negate infringement liability but will also destroy the validity of a patent is inequitable conduct on the part of the inventor in procuring the patent. More... |
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