Intellectual Property

Copyrights and Fair Use
A copyright is a property right granted by federal law to authors or creators of original works such as writings, art, music and sound recordings, performances, photographs, movies, and the like. The copyright holder has the exclusive right to reproduce or copy the work, distribute or sell the work, or perform or display the work publicly. The copyright holder may also authorize others to use the work in those same ways. More...
Copyright Statutory Formalities
Copyright protection in the United States is automatic upon the fixation of an original work of authorship. The use of the copyright notice and the registration of a work are referred to as formalities, which are the procedural requirements for securing and maintaining full copyright protection, and were formerly requirements for copyright protection. Some of the most sweeping changes under the 1976 Copyright Act involve copyright formalities. More...
Trademark Law
Trademark Symbols More...
Copyright and the Commerce Clause
The Commerce Clause of the U.S. Constitution gives Congress the authority "to regulate commerce with foreign nations, and among the several states." Starting at the time of the New Deal, the courts have read that clause expansively, saying that it gives Congress the authority to regulate virtually anything that affects interstate or foreign commerce. Federal trademark protection gets its authority from the Commerce Clause, and trademarks are protected as long as they are being used. More...
Copyright Clause
The founding fathers recognized that everyone would benefit if creative people were encouraged to create new intellectual and artistic works. Copyright is established in Article I, Section 8, of the United States Constitution. More...

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