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Best practices to avoid copyright infringement

Biswajit Sarkar Copyright Blog

There’s a significant probability that someone already owns the rights to the content even if you cannot locate an explicit declaration stating that it is intended for public use. It would be preferable to obtain written authorization from the copyright owners before using the original content.

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Federal Circuit Narrows Scope for Copyrighting Software Function

Patently-O

In that case, the Court found that Google’s use of Java API naming conventions in its Android operating system was fair use under copyright law. Because its fair use decision decided the case, the court did not rule separately on whether the API was even copyrightable in the first place. 1183 (2021).

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WIPIP 2022, Session 6 (TM)

43(B)log

While Rogers rejected any consideration of whether the speaker had adequate alternatives to using the plaintiff’s trademark because speakers are entitled to choose their own ways of speaking, the religious cases embrace the concept of adequate alternatives. Opportunity to teach TM to law students and quilters as well as other entrepreneurs.

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“What’s Mine Is Not Yours To Give Me”—Nor To Take Without Just Compensation: A New Jersey’s Reaction To Sovereign Immunity, Intellectual Property, & Takings

LexBlog IP

And, it goes like this–the relevant concept in the United States is that a person shall “ no[t] be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.” 1073 (2019).

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The Good Get: Interviews, The Predicates Of Copyright Ownership, & Divorcing Subjects From Owning Copyright Content

LexBlog IP

It is strange because that would mean that the unpublished portions would also be government works available for public use. Still, it seems strange that Woodward, a reporter, would argue that the interviews are somehow government works. italics added for emphasis in items (i)-(iii)).