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Trademarks & Copyrights - Midnight Drive


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The standards for use of on copyrighted images Wikipedia are different than the standards for images that are only trademarked. If so, the image is eligible for copyright. If not, the image is not eligible for copyright explain why. An image eligible for copyright protection should be labeled accordingly. These images must be used in at least one article and every use of the image must have a separate Fair Use Rationale.

Fair use on Wikipedia only applies if it is not possible to replace such promotional image with a free image. Fair use on Wikipedia only applies if it is not possible to replace such publicity image with a free image. If a trademark is eligible for copyright, it must be treated as a copyrighted image. Only if the copyright has expired may the image be treated as a PD image. This does not relieve users of this image from noting Wikipedia disclaimers that such an image may be protected by trademarks.

Remember that most images you find on the Web are not public domaineven if they list no explicit copyright information. Images only qualify as being in the public domain if they fall under certain specific categories described below — very old works, works by certain government employees, and works where an explicit disclaimer of copyright has been made in writing by the author.

These tags are used for an author to attempt to release their work into the public domain, disclaiming any copyright. See Wikipedia: Granting work into the public domain. Whenever an image is tagged using one of these tags, the image description page should also contain some rationale as to whether and why the image is presumed to be in the public domain in the U.

Almost everything is covered by either regular copyright, or if it is a public service departmentby Crown copyrightwhich in New Zealand has a year term under Section 26 3 b of the Copyright Act This puts most recent material out of bounds. However, there is an exception to Trademarks & Copyrights - Midnight Drive provisions for some documents:. Generally speaking, copyright protection is broad.

It prohibits sale, use, manipulation, or even copying of someone else's work. One of the narrow exceptions of use is "fair use" — which basically allows the use of copyrights in order to identify the subject matter for purposes of public comment. Wikipedia policy is intentionally stricter than U. They may not used on userpagestemplatesuserboxesetc. Most logos are copyrights. Some are not. Most Trademarks & Copyrights - Midnight Drive are trademarks, but a few are not.

In many cases they will be both. But in a fair amount of cases, a logo is considered a trademark without also being a copyright. This is most often the case for simple logos that only contain letters or simple geometric shapes. The rationale here is that such simple logos do not meet the threshold of originality required under U. Likewise, the arrangement of type on a printed page cannot support a copyright claim.

Copyright Office's Compendium of copyright registration standards, Section So basically, mere letter or word elements, even if they look fancy, are not copyrights; typically, a logo has to have a "pictorial" element within it to qualify for copyright protection.

These types of simple logos are considered "public domain," meaning that anyone can use it — although the way that people can use a public domain logo may still be restricted by trademark law. In general, this is not much of an issue on Wikipedia. The Coca-Cola logo the quintessential example of a trademarked but not copyrighted logo is used on the Coca-Cola page, but not the Pepsi Cola page — so no trademark problems result.

For Wikipedia purposes, a "public domain" image does not need a non-free content rationale in order to be used. Among other things, this means that public-domain images can be used in non-article namespace pages — e.

Identifying what is a copyright, trademark, or both has some cues to it. These claims may or not be correct, and people need to use their own judgment. If you Trademarks & Copyrights - Midnight Drive an image without such a notation, that doesn't necessarily mean anything. On Wikipedia, every image, including logos, that you see will have been uploaded to a Several Ways To Die Trying - Mark Arneson - Guitar Tribute To Dashboard Confessional page that describes the picture.

These should but not always do contain particular templates or "tags" that describe whether the image is a fair-use copyright, is a public-domain trademark, or has some other rationale for its use on Wikipedia. An example of such an image page would be the Apple Nocturne - From Belshazzars Feast, Op.

51 - Jascha Heifetz - The Complete Stereo Collection (Rema logo. And a trademark image that is simple enough that it does not qualify for copyright protection should be tagged:. PD Public domain false false.

Other potentially-applicable tags for more Valkeaa - Nest - Mietteitä circumstances can be found at Category:Wikipedia file copyright templates. An example of an image page with these kinds of tags include: the IBM logo image page. Like everything else on Wikipedia, such tags are subject to change by any editor with an opinion — right or wrong.

Often the tags are changed by editors subsequent to their uploading because of a difference of opinion. Disputes about the qualifications of an allegedly Growing Up - Settler - Glass Half Empty: Songs By Settler, Played By Settler image can be submitted to the files for discussion noticeboard, as can disputes about the appropriate use of non-free content.

In other cases the request for commentary RFC procedure can also be used. Any questions can always be Trademarks & Copyrights - Midnight Drive Brook Benton - Endlessly the media copyright desk. Referral of an editor to this policy may also help avoid any misunderstandings.

Everything that follows are simply my notes. They are not necessarily authoritative. They will not appear in this manner in a final version of this essay. There seems to be a bit of confusion about trademarks and copyrights with respect to logos.

If a logo consists entirely of letters, it is important to note the "intrinsic, utilitarian function" of those letters. No matter how ornate, they are still letters and therefore ineligible for copyright and, hence, are PD images. This same logic does not hold for something like Dia Branco - Simone - Ao Vivo art where letters are arranged to form pictures.

The intrinsic value of the letter has been used in a creative way in a manner not consistent with its use as a letter. In short, ask yourself, "Are these letters, no matter how decorative, intended for use as letters, or do they have a purpose beyond the meaning of the letter like in ASCII art.

The Dark Eyes - 101 Strings - Passport to Romance and Adventure Act was originally enacted as the Trademark Act of It has been amended several times. It is codified at 15 U. Specifically, the Trademarks & Copyrights - Midnight Drive prohibits the use of marks that are "likely to cause confusion, or to cause a mistake, or to deceive.

In order to establish infringement, a plaintiff must first show that it uses its trademark use you cannot simply register and then warehouse a trademark in hopes of some day bringing an infringement suit. They must also show that the trademark is distinctive.

A mark is non-functional when it is not inherent to the purpose or description of what it is representing. For example, "bandage" is functional; "Band-Aid" is non-functional except when used to describe the product in question. A dilution case involves use of a mark in a "commercial context. Dilution deals with marks as a "source indicators.

It doesn't matter, it is still a letter and is not intended as anything else than a standard letter. Ornamentation on letters is Trademarks & Copyrights - Midnight Drive mentioned as something that is not copyrightable page 3, bottom left. Works of art with a letter in them are copyrightable, IMHO show examplebut it should be taken into account whether it is an ornate letter or an ornate drawing with a letter in it.

Uncopyrightable, yet trademarked images aren't unprotected as the General Disclaimers of Wikipedia explicitly mention how to treat such images. From Wikipedia, the free encyclopedia. This page is an essay. It contains SKRUK - Starry Crown In Heaven advice or opinions of one or more Wikipedia contributors.

This page is not one of Wikipedia's policies or guidelinesas it Trademarks & Copyrights - Midnight Drive not been thoroughly vetted by the community. Some essays represent widespread norms; others only represent minority viewpoints.

Code Congr. News, 94th Congress, 2d Sess. Ringer, F. Categories : Wikipedia essays. Namespaces Project page Talk. Views Read Edit View history. Languages Add links. By using this site, you agree to the Terms of Use and Privacy Policy. This work contains material which may be subject to trademark laws in one or more jurisdictions. Before using this content, please ensure that it is used to identify the entity or organization that owns the trademark and that you have the right to use it under the laws which apply in the circumstances of your intended use.

You are solely responsible for ensuring that you do not infringe someone else's trademark. These restrictions are independent of the copyright status. See also the Wikipedia trademark disclaimer and Wikipedia:Logos. This image or logo only consists of typefaces, individual words, slogans, or simple geometric shapes. These are not eligible for copyright alone because they are not original enoughTrademarks & Copyrights - Midnight Drive thus the logo is considered to be in the public domain.

Please note: The public domain status of this work is only in regards to its copyright status. There may be other intellectual property restrictions protecting this image, such as trademarks or design patents if it is a logo.


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7 Replies to “ Trademarks & Copyrights - Midnight Drive ”

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    Woozy electronic music gets gilded with silvery guitars on the latest from the forward-thinking Illuminated Paths label. Bandcamp New & Notable May 6, go to album.
  4. Arajar says:
    Trademark infringement occurs when a non-owner uses another’s trademark in a way that causes actual confusion or a likelihood of confusion between the marks. Specifically, the Act prohibits the use of marks that are "likely to cause confusion, or to cause a mistake, or to deceive.".
  5. Tolkree says:
    The term "trademark" is often used in a general sense to refer to both trademarks and service marks. Unlike patents and copyrights, trademarks do not expire after a set term of years. Trademark rights come from actual “use” (see below).Author: Trademarks.
  6. Torg says:
    Jul 18,  · This album is a hypnagogic pop album of mostly-unedited funk, smooth jazz, and easy listening jams with a serious retro vibe. It's available as a pay-what-you-want digital download and for $8 on white cassette. Check it out below: Midnight Drive by Trademarks.
  7. Samuhn says:
    Mar 21,  · Works that are not fixed in some tangible form. For example, a speech that isn't recorded or written out cannot be copyrighted. Titles, names, short phrases, and slogans, including book titles; Familiar symbols or designs, typographic variations or coloring.

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