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"To make the notice meaningful rather than misleading", section 403 of the 1976 Act required that, when the copies consist " 'preponderantly of one or more works of the United States Government', the copyright notice (if any) identify those parts of the work in which copyright is claimed. A failure to meet this requirement would be treated as ...
A government entity may enforce copyright or acquire a patent for a computer software program or components of a program created by that government entity without statutory authority. If a government entity acquires a patent to a computer software program or component of a program, the data shall be treated as trade secret information under ...
The Stars and Stripes, for instance, is defined in 4 USC 1 [16] and Executive Order 10798. [17] The emblem definition is thus in the public domain as a work of the federal government of the U.S. The same applies to many other national emblems such as the aforementioned Swiss flag at sea, which is defined geometrically in Swiss law number 747.30 ...
The Microdecisions decision put it best: "The copyright act gives the holder the exclusive rights to reproduce and distribute a work and to authorize others to do so." "As such, a copyright owner may refuse to provide copies of the work or may charge whatever fee he wants for copies of the work or a license to use the work." The "public records ...
The assertion has been called "one of the most aggressive state government uses of copyright". [6] Beginning in 1989, West Publishing began its own distribution, challenging the copyright claim was an impermissible copyright of the public domain and was unconstitutional as a violation of due process , freedom of speech , and prior restraint ...
Limitations and exceptions to copyright are provisions, in local copyright law or the Berne Convention, which allow for copyrighted works to be used without a license from the copyright owner. Limitations and exceptions to copyright relate to a number of important considerations such as market failure , freedom of speech , [ 1 ] education and ...
The right to publish a work is an exclusive right of the copyright owner , and violating this right (e.g. by disseminating copies of the work without the copyright owner's consent) is a copyright infringement (17 USC 501(a)), and the copyright owner can demand (by suing in court) that copies distributed against his or her will be confiscated ...
Common law trademark rights are acquired automatically when a business uses a name or logo in commerce, and are enforceable in state courts. Marks registered with the U.S. Patent and Trademark Office are given a higher degree of protection in federal courts than unregistered marks—both registered and unregistered trademarks are granted some ...