What are music royalties?"Royalties" are monies earned from songs and/or sound recordings from various sources.
Subject to certain exceptions, US copyright law confers the songwriters the exclusive right to a limited period to exploit copyrights by transferring, lending, or even selling a portion or whole of their exclusive copyrights. In return for these licenses, grants, assignments, and/or sales, the copyright owner receives monetary compensation called "royalties"
What is the United States Patent and Trademark Office (USPTO)? The United States Patent and Trademark Office, or USPTO, administers the patent and trademark laws. It examines applications for patents to determine if the applicants are entitled to patents, publishes issued patents and various publications concerning patents, records assignments of patents, maintains a search room for the use of the public to examine issued patents and records, and supplies copies of records and other papers, etc. It serves similar functions for trademarks.
What is the role of the United States Patent and Trademark Office (USPTO)?The role of the United States Patent and Trademark Office (USPTO) is to grant patents for the protection of inventions and to register trademarks. Apart from the above mentioned functions, it serves the interest of inventors and businesses with respect to their inventions and corporate products, and service identifications. The USPTO also advises and assists the bureaus and offices of the Department of Commerce and other agencies of the US Government in matters involving “intellectual property” such as patents and trademarks. Through the preservation, classification, and dissemination of patent information, the USPTO aids and encourages innovation and the scientific and technical advancement of the United States. However, it has no jurisdiction over questions of infringement and the enforcement of patents or trademarks or over matters relating to the promotion or utilization of patents or inventions.
Can information on the internet be copied?Normally, information from the internet can be copied, but it is subject to certain difficulties. So long as the copy is for personal use, and the person using it does not further distribute the material, and makes no “for-profit” use of the material, there is no liability under federal copyright law. However, Congress has recently passed a law which makes duplicating sound and visual recordings in this manner illegal.
What is the impact of fair use doctrine on printing copies?The doctrine of "fair use" permits reproduction for scholarship and research if the general welfare of the society is increased by making such information publicly available and useable. This doctrine stops the moment any commercial interest gets involved; so, as soon as the use of the copy starts creating any profit, the person is no longer protected. It is always better to ask for permission before using any commercial setting.
What is the difference between a patent and a trademark?Patents allow the creator of certain kinds of inventions that contain new ideas to keep others from making commercial use of those ideas without the creator's permission. Generally, patent and trademark laws do not overlap. When it comes to a product design, as in the case of jewelry or a distinctively shaped musical instrument, it may be possible to obtain a patent on a design aspect of the device while invoking trademark law to protect the design as a product identifier. For instance, an auto manufacturer might receive a design patent for the stylistic fins that are part of a car's rear fenders. Then, if the fins were intended to be and actually are used to distinguish the particular model car in the marketplace, trademark law may kick in to protect the appearance of the fins.
What is a certification mark?A certification mark is a symbol, name or device used by an organization to vouch for products and services provided by others -- for example, the "Good Housekeeping Seal of Approval." This type of mark may cover characteristics such as regional origin, method of manufacture, product quality and service accuracy.
What is a collective mark?Collective marks are often used to show membership in a union, association or other organization. A collective mark is for example a symbol, label, word, phrase or other mark used by members of a group or organization to identify goods, members, products or services they render. The use of a collective mark is restricted to members of the group or organization that owns the mark.
What is a business name?The name that a business uses to identify itself is called a “trade name.” This is the name the business uses on its stock certificates, bank accounts, invoices and letterhead. When used to identify a business in this fashion as an entity for non-marketing purposes, the business name is given some protection under state and local corporate and fictitious business name registration laws, but it is not considered a trademark or entitled to protection under trademark laws.
What is the difference between a business name and a trademark or service mark?If, a business uses its name to identify a product or service produced by the business, the name will then be considered a trademark or service mark and be entitled to protection if it is distinctive enough. For instance, Apple Computer Corporation uses the trade name Apple as a trademark on its line of computer products. While trade names by themselves are not considered trademarks for purposes of legal protection, they may still be protected under federal and state unfair competition laws against a confusing use by a competing business.
How do non-compete agreements protect businesses?A non-compete agreement can protect a company's confidential information. A trade secret is information that gives a company a competitive advantage because it is not generally known and cannot be readily learned by other people who could benefit from it. It can be a formula, pattern, compilation, program, device, method, technique or process that one have made reasonable efforts to keep secret. When an employee with access to trade secrets leaves either because the employee quit or has been fired, he could take this information and use it to his personal advantage at the expense of the employer. A properly drafted non-compete agreement can keep this from happening.
What are the remedies available for infringement of intellectual property rights?In the event of infringement of intellectual property rights, the aggrieved party could approach the court to obtain a Temporary Restraining Order and a Preliminary or Permanent Injunction to prevent and/or stop further infringement. The items alleged to be infringed can be impounded during the pending litigation and may be ordered destroyed or otherwise disposed if there is an infringement. An infringer can be liable for actual damages plus additional profits of the infringer or statutory damages.
In addition to this, an infringer could be held liable for injury to business reputation or the dilution in the value of the copyright, patent, or trademark. Costs and attorneys' fees sometimes also may be awarded to the prevailing party. Federal Courts have exclusive jurisdiction over copyright and patent disputes subject to certain minor exceptions. Depending upon the circumstances, Trade Secret and other intellectual property disputes may be brought as either a Federal or a state lawsuit.
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