The most prestigious law school admissions discussion board in the world.
|
 |
 
|
Do you need to register a copyright w USPTO to sell a license?
Poast new message in this thread
Date: January 25th, 2015 1:43 PM Author: sepia offensive locus 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) |
 |
Date: January 25th, 2015 1:51 PM Author: provocative office hissy fit 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) |
|
Date: January 25th, 2015 1:54 PM Author: sepia offensive locus 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) |
|
Date: January 25th, 2015 1:57 PM Author: provocative office hissy fit 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) |
|
Date: January 25th, 2015 1:57 PM Author: plum library faggot firefighter "they don't need anything else to enforce"
enforce what? |
|
Date: January 25th, 2015 1:57 PM Author: provocative office hissy fit Your IP rights. (http://www.autoadmit.com/thread.php?thread_id=2791366&forum_id=2#27183159) |
|
Date: January 25th, 2015 2:05 PM Author: plum library faggot firefighter 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) |
|
Date: January 25th, 2015 2:08 PM Author: provocative office hissy fit 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) |
|
Date: January 25th, 2015 3:06 PM Author: sooty 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. |
|
Date: January 25th, 2015 3:07 PM Author: provocative office hissy fit 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: Mind-boggling Magenta Station Turdskin 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) |
|
Date: January 25th, 2015 1:49 PM Author: plum library faggot firefighter 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) |
|
Date: January 25th, 2015 1:52 PM Author: sepia offensive locus 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) |
|
Date: January 25th, 2015 1:53 PM Author: plum library faggot firefighter 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) |
|
Date: January 25th, 2015 2:00 PM Author: provocative office hissy fit Assuming your claim is based on straight copyright infringement. (http://www.autoadmit.com/thread.php?thread_id=2791366&forum_id=2#27183172) |
|
Date: January 25th, 2015 2:03 PM Author: plum library faggot firefighter 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. |
|
Date: January 25th, 2015 2:06 PM Author: provocative office hissy fit 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) |
|
Date: January 25th, 2015 2:07 PM Author: plum library faggot firefighter 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) |
|
Date: January 25th, 2015 2:15 PM Author: provocative office hissy fit Yeah, makes sense. (http://www.autoadmit.com/thread.php?thread_id=2791366&forum_id=2#27183269) |
|
Date: January 25th, 2015 2:05 PM Author: Peach Cumskin Outted as a copyright N00b. Nice edit. (http://www.autoadmit.com/thread.php?thread_id=2791366&forum_id=2#27183202) |
|
Date: January 25th, 2015 2:09 PM Author: provocative office hissy fit :( (http://www.autoadmit.com/thread.php?thread_id=2791366&forum_id=2#27183222) |
|
Date: January 25th, 2015 1:52 PM Author: Copper Mewling National Goyim To license, no. To sue, yes. (http://www.autoadmit.com/thread.php?thread_id=2791366&forum_id=2#27183117) |
|
Date: January 25th, 2015 1:54 PM Author: Peach Cumskin Twist: the USPTO doesn't register copyrights. (http://www.autoadmit.com/thread.php?thread_id=2791366&forum_id=2#27183133) |
|
Date: January 25th, 2015 1:59 PM Author: provocative office hissy fit Correct. (http://www.autoadmit.com/thread.php?thread_id=2791366&forum_id=2#27183168) |
|
Date: January 25th, 2015 3:07 PM Author: Tan soggy business firm 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) |
|
Date: January 25th, 2015 3:15 PM Author: Sienna Pozpig 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) |
|
Date: January 25th, 2015 2:06 PM Author: boyish misunderstood cuckoldry main people ITT: shitheads (http://www.autoadmit.com/thread.php?thread_id=2791366&forum_id=2#27183209) |
|
Date: January 25th, 2015 2:08 PM Author: plum library faggot firefighter give us a break, there's no football on today (http://www.autoadmit.com/thread.php?thread_id=2791366&forum_id=2#27183216) |
|
Date: January 25th, 2015 2:09 PM Author: provocative office hissy fit Is there usually football on on Sundays or something? (http://www.autoadmit.com/thread.php?thread_id=2791366&forum_id=2#27183227) |