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In India, recourse can be had to trademark law which recognises that fictional characters enjoy goodwill, and provides relief for cases of ‘character merchandising’. ’. Character merchandising has been defined as involving the exploitation of fictional characters by licensing these fictional characters in the case of Star India Private Limited vs Leo Burnett (India) Private L
For example, the use of Mickey Mouse's name or likeness may serve to identify a particular book or toy as originating from Disney. One way to establish that a mark acts as a distinctive source identifier is to establish that the relevant purchasing public has developed a strong association between the mark and its originating source. [ 16 ]
For example, an author may arrange a series of facts to support a theory for why a historical event occurred, but if the author could prevent others from using the same selection and arrangement of facts, the author would have an effective monopoly on the theory itself, which would run counter to US copyright law's prohibition on copyrighting ...
But if the intended exploitation of the work includes publication (or distribution of derivative work, such as a film based on a book protected by copyright) outside the US, the terms of copyright around the world must be considered. If the author has been dead more than 70 years, the work is in the public domain in most, but not all, countries.
The book The Golden Turkey Awards describes many bizarre and obscure films. The authors of the work state that one film described by the book is a hoax, which they challenged readers to identify. The imaginary film was Dog of Norway, supposedly starring Muki the Wonder Dog, named after the authors' own dog. (A clue is that the same dog shown in ...
The examples and perspective in this article deal primarily with the United States and do not represent a worldwide view of the subject. You may improve this article, discuss the issue on the talk page, or create a new article, as appropriate.
1) A copyright is held by default with the person whose name it was taken out in, regardless of potential conflicts with state law. 2) If a work contains a mixture of original and copyright infringing material, but it is so intermingled as to be inseparable, then the copyright holder may take all profits from the work. Press Pub. Co. v. Monroe
Criticism of copyright, or anti-copyright sentiment, is a dissenting view of the current state of copyright law or copyright as a concept. Critics often discuss philosophical, economical, or social rationales of such laws and the laws' implementations, the benefits of which they claim do not justify the policy's costs to society.