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not tay ber own

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  "The only thing necessary for the triumph of evil is for good men to do nothing"
Edmund Burke


Spell check will tell you there is no such word. Courts tend to make up words to fit the situation. This is one. Although not a "word", it is addressed by the courts.

Some things cannot be copyrighted. The US Copyright Office lists a few in Circular #34. The US Copyright Office also lists them in Circular #1. Originality determines copyrights. If a picture of a plate of food cannot be copyrighted (see blow), then pictures of products cannot be copyrighted. A design on clothing must be able to stand alone as art to be copyrighted (see below), thus denying protection for copyrighted clothing, etc. Useful articles are not copyrightable. Product descriptions are often claimed to be copyright protected when they are not.

Low-life corporate lawyers who are attempting to control the secondary market for their clients often attempt to use copyright law to interfere with perfectly legitimate sales of merchandise. We refer to these lawyers as bottom feeders because they are lying to create an illegal position of advantage for their clients. Favorite lies include telling people that they cannot use a picture of the product (because it's copyrighted) or describe the contents or specifications (because they are copyrighted). Bottom feeders aren't interested in the facts but only in generating billable hours.

Here are some articles and short outlines of court cases about Copyrightability:

Articles | Cease and Desist Letters | Federal Court Cases | FAQs & Whines | Glossary | Hall Of Shame | Contributions

Corporate Lawyers
Cartoons | Code Of Ethics | Courtroom Remarks | Definition Of A Lie | Jokes | Lawyers | Lying | Who Have Lied

eBay - Land The Game


Trademark Definitions
Blurring   |   Confusion   |   Damages   |   Dilution   |   History   |   Initial Interest Confusion   |   Likelihood Of Confusion   |   Material Difference Standard
Parallel Imports   |   Post-sale Confusion   |   Puffery   |   Secondary Meaning   |   Subsequent Confusion   |   Trademark Abuse
Unauthorized Use   |   Unfair Competition   |   What is a Trademark?
Copyright Definitions
Angel Policies   |   Contributory Infringement   |   Copyrightability   |   Copyright Extortion   |   Copyright Misuse Doctrine
; Derivative   |   The Digital Millennium Copyright Act   |   EULA   |   Fair Use   |   First Sale Doctrine   |   Product Description   |   Registration
Registration Denied   |   What is a Copyright?   |   What is not Copyrightable?
Other Issues
Embroidery Designs   |   FAQs & Whines   |   Image and Text Theft   |   Licensed Fabric   |   Licensing & Licenses   |   Patterns
Patterns Index   |   Profit   |   Quilting   |   Selvage   |   Stanford School of Law Case Outline
Tabberone Disclaimer   |   Trademark Extortion   |   Urban Myths   |   What To Do If You Are Veroed

Federal Court Cases
Alphabetically | by Federal Circuit | by Subject | by Court Quotations

Federal Statutes
Copyright Act 17 U.S.C. 5 | Digital Millenium Copyright Act 17 U.S.C. 12 | Lanham Act 15 U.S.C. 22

VeRO (Verified Right's Owner Program)
VeRO Commandments | VeRO-Verified Rights Owners Program | Counter Notice Letter
Counter Notice (pre-2003) | Counter Notice present | On-Line Survey from 2004 | Articles about VeRO | What To Do If You Are Veroed

Original material by Karen Dudnikov & Michael Meadors is © 1999-2017

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