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February 26, 2010
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Intellectual Property News

 

Fair Use Of The Copyright Act Of 1976

OLC Memorandum on Whether Government Reproduction of Copyrighted Materials Invariably is a "Fair Use" under Section 107 of the Copyright Act of 1976 (April 30, 1999)

There is no "per se" rule that government reproduction of copyrighted material -- including, in particular, government photocopying of copyrighted materials for internal government use -- automatically qualifies as a fair use under section 107 of the Copyright Act of 1976. However, government photocopying would in many contexts be noninfringing because it would be a "fair use"; and there are good reasons that, if an agency decides to negotiate photocopying licensing agreements, it should seek to limit the scope of any such arrangement to cover only those government photocopying practices that otherwise would, in fact, be infringing. Analysis of these issues is provided via the link below:

 

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Did You Know?    
 
 
Creation in a fixed form causes a copyright.
When a work is created in a fixed form, the US and the Berne Convention permits copyright to be conditioned to the owner.

 


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News about Intellectual Property cases in Missouri and nationwide:

Users May Be Unaware Of Threats From Filesharing Programs
The Department of Commerce’s United States Patent and Trademark Office (USPTO) has released a report that concludes that the distributors of five p...
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FTC Expands Intellectual Property Expertise
The Federal Trade Commission announced today that two additional Counsels for Intellectual Property, Armando Irizarry and Thomas Mays, will join th...
Read more >


Fair Use Of The Copyright Act Of 1976
OLC Memorandum on Whether Government Reproduction of Copyrighted Materials Invariably is a "Fair Use" under Section 107 of the Cop...
Read more >


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Intellectual Property Terms

 


Today's Terms

Intellectual Property

Definition:
This refers to intangible property rights such as copyright, patents and trademarks that provide the owner with certain exclusive rights.

International copyright

Definition:
There is no such thing as an “international copyright” that will automatically protect an author’s writings throughout the world. Protection against unauthorized use in a particular country basically depends on the national laws of that country.

Special 301

Definition:
U.S. statutory provisions requiring annual review of trade agreement rights and foreign trade practices of U.S. trading partners that deny benefits to the United States or unjustifiably restrict or burden U.S. commerce.

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Intellect. Property Resources

 


Search Intellectual Property resources in our resource center:

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Intellectual Property Hot Topics

 


Topics Related to Intellectual Property:

  • Copyright Issues
  • Patents
  • Trademarks
  • Unfair Competition Concerns
  • Right of Publicity Questions
  • Confidentiality Agreement
  • Patent Corporation Treaty

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Missouri Intellectual-Property Attorney

 
If you live in the following cities and need an Intellectual-Property attorney you should contact our Intellectual-Property Attorney as soon as possible:

  • Arnold
  • Ballwin
  • Belton
  • Blue Springs
  • Cape Girardeau
  • Chesterfield
  • Columbia
  • Fenton
  • Florissant
  • Grandview
  • Independence
  • Jefferson City
  • Joplin
  • Kansas City
  • Lebanon
  • Liberty
  • O Fallon
  • Poplar Bluff
  • Rolla
  • Saint Charles
  • Saint Louis
  • Saint Peters
  • Sedalia
  • Sikeston
  • Springfield
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