Copyright notice

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d's picture
d
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Joined: 30 May 2003 - 11:00am
Copyright notice
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Hrant wrote (Critique —> Logos/Corporate ID):

“btw, from what i know a copyright notice is technically invalid without the name of the owner following the year”


=====


since this issue is really important!!!…..


the answer is yes and no.

1. Yes: we need to write/print the symbol

Paul Davidson's picture
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Joined: 25 Nov 2002 - 6:44pm
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2. No: under today’s laws — you don’t have to place the copyright symbol on your work (to claim copyright infringement).

That’s true — in Canada and the US, copyright exists the moment the work has been produced in “a fixed medium”.

Matha Stand�n's picture
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Joined: 18 Jan 2003 - 5:13am
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I was thinking about that very question, David.

Thanks.

brian jaramillo's picture
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Joined: 3 Nov 2001 - 11:00am
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(moved from Creative Squeeze thread)

» But it becomes your trademark simply by your using it.

Really. Since when. Not in the legal sense, not in the United States.

If that were the case, Hrant would have a trademark on Helvomita.

A work is “copyrighted” when it’s published* or seen by a third party.
But a trademark is different.

In a TM dispute, simply USING a mark first isn’t enough.
FIRST to FILE is also important if you want to use your
mark outside of a limited geographic area.

I agree that TMs typically destract…

»You can register it if you want to, but there isn’t much point unless
you’re a multi-million-dollar brand name.

Partially disagree. If Scott wants to ensure that nobody gets the name,
now or in the future, not only does he need to be First to Use
but First to File.

If someone independently comes up with Creative Squeeze and
files a federal trademark (and it goes through the process,
including being Published for Opposition)
then it will impede Scott from getting “national” with his mark.
He will have to stay regional and may
get a Cease and Desist from the other Creative Squeeze that’ll
cost a lot more than $335 to handle.

In my opinion.

Hrant, you can file all kinds of city, county and state stuff but
www.uspto.gov is the place to go to file a national trademark.

If your trade channels don’t extend beyond your state, then
it probably isn’t necessary.

These are opinions, btw, based on my own dealing with this
stuff. However, I’d check with a competent attorney.

bj


brian jaramillo's picture
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Joined: 3 Nov 2001 - 11:00am
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I’d agree with David on the copyright issue.

I work in the apparel industry, where knockoff artists linger
at every corner, so we’ve had quite a bit of experience,
unfortunately, in this area.

For example, Emigre’s “Design is a Good Idea” T-shirt, set in
Base 10 or whatever, is Not Copyrightable.

bj

Hrant H Papazian's picture
Joined: 3 May 2000 - 11:00am
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> Hrant would have a trademark on Helvomita.

I do, and apparently even that long trip back from the quasar didn’t teach you a lesson:
http://www.typophile.com/forums/messages/29/3079.html
(November 25, 2002 — 10:15 pm)

hhp

brian jaramillo's picture
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Joined: 3 Nov 2001 - 11:00am
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I know, I’ve committed all of your 3500 posts to memory.

Seriously, what have you done with helvomita that makes
you think it’s trademarked…

Also, to clarify, the Design is a Good Idea “design” might be
produced in a fixed medium, but it won’t get a copyright from
the Copyright office.

Neither will a typeface.

bj

Hrant H Papazian's picture
Joined: 3 May 2000 - 11:00am
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> Seriously

Not me.

hhp

brian jaramillo's picture
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Joined: 3 Nov 2001 - 11:00am
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okay, so you’re kidding about Helvomita…yeah?

Hrant H Papazian's picture
Joined: 3 May 2000 - 11:00am
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I will now Fartura in your general direction.  ;-)

hhp

Gerald Lange's picture
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Joined: 15 Mar 2002 - 1:22pm
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As a print publisher, perhaps I can add some clarification:

You are automatically given copyright in the creation of intellectual or artistic work (this doesn’t include design). However, this does little to protect you unless you register with the Copyright Office. Once registered, you have the right not only to claim infingement but to sue for damages. You cannot collect damages without this registration.

The proper notification, according to the Copyright Office is
Copyright

brian jaramillo's picture
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Joined: 3 Nov 2001 - 11:00am
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destract, meant, dis tract….tartar sauce!

Hrant H Papazian's picture
Joined: 3 May 2000 - 11:00am
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> _The Compleat Postings of…_

Heavily edited to avoid a litany of libel suits, of course.

hhp

Tiffany Wardle's picture
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Joined: 13 Jul 2001 - 11:00am
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Somebody should bring up how The Beatles are suing Apple again.