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Do you need to register a copyright w USPTO to sell a license?
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Date: January 25th, 2015 1:43 PM Author: sable roast beef Specific question is with regard to some forms that a client of mine wants to protect and license to third parties. (http://www.autoadmit.com/thread.php?thread_id=2791366&forum_id=2#27183067) |
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Date: January 25th, 2015 1:51 PM Author: mahogany station Someone creates a piece of software and sells it under a license that is click through. They don't need anything else to enforce the license (though they do from a copyright infringement perspective). (http://www.autoadmit.com/thread.php?thread_id=2791366&forum_id=2#27183112) |
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Date: January 25th, 2015 1:54 PM Author: sable roast beef No one told me anything. I was just checking with XO to confirm what I thought. XO is my sanity check. (http://www.autoadmit.com/thread.php?thread_id=2791366&forum_id=2#27183126) |
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Date: January 25th, 2015 1:57 PM Author: mahogany station Here is a better source of info, and also the actual location you register with (not the USPTO which is patents): http://www.copyright.gov/help/faq/ (http://www.autoadmit.com/thread.php?thread_id=2791366&forum_id=2#27183152) |
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Date: January 25th, 2015 1:57 PM Author: motley domesticated cruise ship "they don't need anything else to enforce"
enforce what? |
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Date: January 25th, 2015 1:57 PM Author: mahogany station Your IP rights. (http://www.autoadmit.com/thread.php?thread_id=2791366&forum_id=2#27183159) |
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Date: January 25th, 2015 2:05 PM Author: motley domesticated cruise ship wrong, see 17 U.S. Code § 411. all you would have is a contract claim, assuming the licensee breached the licensing agreement. (http://www.autoadmit.com/thread.php?thread_id=2791366&forum_id=2#27183203) |
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Date: January 25th, 2015 2:08 PM Author: mahogany station Yeah, you're right, that is in the FAQs I linked to. (http://www.autoadmit.com/thread.php?thread_id=2791366&forum_id=2#27183220) |
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Date: January 25th, 2015 3:06 PM Author: Cheese-eating Galvanic Selfie Indian Lodge "They don't need anything else to enforce."
That's not really true. You have to register before you can sue for copyright infringement. |
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Date: January 25th, 2015 3:07 PM Author: mahogany station I was thinking from a licensing perspective but you're right. Covered elsewhere in the thread. Hold on, I'll edit so this isn't there anymore. (http://www.autoadmit.com/thread.php?thread_id=2791366&forum_id=2#27183611) |
Date: January 25th, 2015 1:49 PM Author: Fragrant Dun Halford Pocket Flask I don't think it's absolutely necessary, but there are a bunch of good reasons to do it, and it's like $50. (http://www.autoadmit.com/thread.php?thread_id=2791366&forum_id=2#27183097) |
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Date: January 25th, 2015 1:49 PM Author: motley domesticated cruise ship if they ever need to sue for infringement, yes. registration is trivial. (http://www.autoadmit.com/thread.php?thread_id=2791366&forum_id=2#27183098) |
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Date: January 25th, 2015 1:52 PM Author: sable roast beef right. My client plans to do it. Was wondering if it might be necessary if they want to sell a license for that work for money (as opposed to just protecting it from unauthorized uses). (http://www.autoadmit.com/thread.php?thread_id=2791366&forum_id=2#27183116) |
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Date: January 25th, 2015 1:53 PM Author: motley domesticated cruise ship no, it's not strictly necessary, but without being able to enforce against unauthorized uses, what value is the licensing? i guess if they wanted to bring a contract claim against a licensee that breaches? (http://www.autoadmit.com/thread.php?thread_id=2791366&forum_id=2#27183125) |
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Date: January 25th, 2015 2:00 PM Author: mahogany station Assuming your claim is based on straight copyright infringement. (http://www.autoadmit.com/thread.php?thread_id=2791366&forum_id=2#27183172) |
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Date: January 25th, 2015 2:03 PM Author: motley domesticated cruise ship 17 U.S. Code § 411(a)
http://www.law.cornell.edu/uscode/text/17/411
edit: you edited. your original post said "Link?", which i have provided here. |
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Date: January 25th, 2015 2:06 PM Author: mahogany station Fair enough, I guess my point is that many real efforts to enforce are actually based on license infringement rather than straight copyright infringement. Depends on scenario, of course. But you're right. (http://www.autoadmit.com/thread.php?thread_id=2791366&forum_id=2#27183207) |
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Date: January 25th, 2015 2:07 PM Author: motley domesticated cruise ship sure, but as OP is advising his client on protecting his IP, it would be a major oversight to not have him register it before engaging in licensing. (http://www.autoadmit.com/thread.php?thread_id=2791366&forum_id=2#27183215) |
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Date: January 25th, 2015 2:15 PM Author: mahogany station Yeah, makes sense. (http://www.autoadmit.com/thread.php?thread_id=2791366&forum_id=2#27183269) |
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Date: January 25th, 2015 2:05 PM Author: Hideous bat shit crazy senate windowlicker Outted as a copyright N00b. Nice edit. (http://www.autoadmit.com/thread.php?thread_id=2791366&forum_id=2#27183202) |
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Date: January 25th, 2015 2:09 PM Author: mahogany station :( (http://www.autoadmit.com/thread.php?thread_id=2791366&forum_id=2#27183222) |
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Date: January 25th, 2015 1:52 PM Author: Boyish rehab To license, no. To sue, yes. (http://www.autoadmit.com/thread.php?thread_id=2791366&forum_id=2#27183117) |
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Date: January 25th, 2015 1:54 PM Author: Hideous bat shit crazy senate windowlicker Twist: the USPTO doesn't register copyrights. (http://www.autoadmit.com/thread.php?thread_id=2791366&forum_id=2#27183133) |
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Date: January 25th, 2015 1:59 PM Author: mahogany station Correct. (http://www.autoadmit.com/thread.php?thread_id=2791366&forum_id=2#27183168) |
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Date: January 25th, 2015 3:07 PM Author: Khaki set dysfunction Actually it does. It is USPTCO but the C is silent. Hth. (http://www.autoadmit.com/thread.php?thread_id=2791366&forum_id=2#27183610) |
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Date: January 25th, 2015 3:15 PM Author: Contagious church Copyright office is part of the the Library of Congress not uspto (http://www.autoadmit.com/thread.php?thread_id=2791366&forum_id=2#27183678) |
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Date: January 25th, 2015 2:06 PM Author: concupiscible sooty pit ITT: shitheads (http://www.autoadmit.com/thread.php?thread_id=2791366&forum_id=2#27183209) |
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Date: January 25th, 2015 2:08 PM Author: motley domesticated cruise ship give us a break, there's no football on today (http://www.autoadmit.com/thread.php?thread_id=2791366&forum_id=2#27183216) |
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Date: January 25th, 2015 2:09 PM Author: mahogany station Is there usually football on on Sundays or something? (http://www.autoadmit.com/thread.php?thread_id=2791366&forum_id=2#27183227) |