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The first step of the infringement analysis, copying-in-fact, includes determining that the defendant actually copied the work as a factual matter. [53] Because direct evidence of copying is rare, courts tend to permit evidence showing that (1) the defendant had access to the copyrighted work and so had the opportunity to copy the work and (2) a sufficient degree of similarity exists between ...
The website of the United States Patent and Trademark Office states that "the text and drawings of a patent are typically not subject to copyright restrictions," [5] and similar views have been published by patent attorneys. [6]
Any faithful drawing of the German service flag, even if it uses other color shades, is thus also in the public domain, not being eligible itself to copyright as a mere reproduction. Creative drawings of the service flag, obtained for instance by a different rendering of the coat of arms, might be copyrightable; however, such a drawing would ...
A copyright holder can also seek monetary damages. Injunctions and damages are not mutually exclusive. One can have injunctions and no damages, or damages and no injunctions, or both injunctions and damages. There are two types of damages: actual damages and profits, or statutory damages. [91]
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
The nation's copyright office, which sits in the Library of Congress and is not part of the executive branch, receives about half a million copyright applications per year covering millions of ...
Under current Australian law, although it is still a breach of copyright to copy, reproduce or adapt copyright material for personal or private use without permission from the copyright owner, owners of a legitimate copy are permitted to "format shift" that work from one medium to another for personal, private use, or to "time shift" a ...
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