Copyright | Trademark | Creative Commons | Fair Use | PD
Get flash to fully experience Pearltrees
Our public copyright licenses incorporate a unique and innovative “three-layer” design. Each license begins as a traditional legal tool, in the kind of language and text formats that most lawyers know and love. We call this the Legal Code layer of each license.
This video explains how Creative Commons licenses can be used in conjunction with commercial licensing arrangements.
Here at Ars we're big fans of Creative Commons, both the idea behind it and the work that gets produced. As publishers, we benefit from Creative Commons in a number of ways—we look things up in Creative Commons-licensed Wikipedia (used with caution, of course), the Creative Commons-related policy issues that we cover give us a steady stream of great news content, and we make use of Creative Commons-licensed images in our news stories. This last piece—the use of Creative Commons images—has historically been one of the trickiest issues for us to navigate as a publisher, given the number of different Creative Commons license types.
I feel a great deal of moral support for the Creative Commons movement and for use of the CC license, for several reasons: If you want to get something widely used, understood and appreciated, make it freely available (and get credit too). If you have benefited from the use of freely available resources, you have an obligation to 'return the favour.' It is similar to the GNU license for open source software, which has provided such immense value to computer users.
When the Creative Commons project published its first licenses in December 2002, it finally brought a sense of unity to the free culture movement.
You’ve heard the adage that a picture is worth a thousand words , but when that picture is protected by copyright, the picture is only worth three words: cease and desist. OK, that’s kind of a lawyer joke. But it illustrates how protective people are about finding their images used online without permission.
See EFF notes on fair use and links from it for a detailed answer, but bear the following in mind: The "fair use" exemption to (U.S.) copyright law was created to allow things such as commentary, parody, news reporting, research and education about copyrighted works without the permission of the author. That's vital so that copyright law doesn't block your freedom to express your own works -- only the ability to appropriate other people's .
The situation is common: You want to use a copyrighted work beyond the limits of fair use or other copyright exception. You tracked down a likely copyright owner and have attempted to seek permission, but the effort simply has produced no conclusion. Worse, perhaps you did receive permission, but with burdensome conditions or a high price. Perhaps you wrote for permission, and the permission was flatly denied. In some situations, you might have little choice but to absorb the bad news and change your plans.
Works are in the public domain if they are not covered by intellectual property rights, such as copyright , at all, or if the intellectual property rights to the works has expired. [ 1 ] [ edit ] Public domain in copyrighted works in the United States Congress has restored expired copyrights several times: "After World War I and after World War II, there were special amendments to the Copyright Act to permit for a limited time and under certain conditions the recapture of works that might have fallen into the public domain , principally by aliens of countries with which we had been at war." [ 2 ] Works published with notice of copyright or registered in unpublished form in the years 1964 through 1977 automatically had their copyrights renewed for a second term.
A trademark , trade mark , or trade-mark [ 1 ] is a recognizable sign , design or expression which identifies products or services of a particular source from those of others. [ 2 ] [ 3 ] [ 4 ] [ 5 ] The trademark owner can be an individual, business organization , or any legal entity . A trademark may be located on a package , a label , a voucher or on the product itself. [ edit ] Usage
Registering a trademark for a company name is pretty straightforward. Many businesses can file an application online in less than 90 minutes, without a lawyer’s help. The simplest way to register is on the U.S. Patent and Trademark Office’s Web site, www.uspto.gov .
What is a trademark or service mark? A trademark is a brand name. A trademark or service mark includes any word, name, symbol, device, or any combination, used or intended to be used to identify and distinguish the goods/services of one seller or provider from those of others, and to indicate the source of the goods/services. Although federal registration of a mark is not mandatory, it has several advantages, including notice to the public of the registrant's claim of ownership of the mark, legal presumption of ownership nationwide, and exclusive right to use the mark on or in connection with the goods/services listed in the registration. WARNING: NON-USPTO SOLICITATIONS MAY RESEMBLE OFFICIAL USPTO COMMUNICATIONS: Be aware that private companies not associated with the USPTO often use trademark application and registration information from the USPTO’s databases to mail or e-mail trademark-related solicitations .
Plagiarism, Creativity & The Remix