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Intellectual Property News
Fair Use Of The Copyright Act Of 1976
OLC Memorandum on Whether Government Reproduction of Copyrighted Materials Invariably is a "Fair Use" under Section 107 of the Copyright Act of 1976 (April 30, 1999)
There is no "per se" rule that government reproduction of copyrighted material -- including, in particular, government photocopying of copyrighted materials for internal government use -- automatically qualifies as a fair use under section 107 of the Copyright Act of 1976. However, government photocopying would in many contexts be noninfringing because it would be a "fair use"; and there are good reasons that, if an agency decides to negotiate photocopying licensing agreements, it should seek to limit the scope of any such arrangement to cover only those government photocopying practices that otherwise would, in fact, be infringing. Analysis of these issues is provided via the link below:
Creation in a fixed form causes a copyright.
When a work is created in a fixed form, the US and the Berne Convention permits copyright to be conditioned to the owner.
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Definition:
Allows a trademark owner to seek registration in any of the countries that have joined the Madrid Protocol by filing a single application.
Trade Secret
Definition:
Business information that is the subject of reasonable efforts to preserve confidentiality and has value because it is not generally known in the trade.
Knock Off
Definition:
An identical copy of a work or product protected by patent, trademark, trade dress, copyright.
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