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General Copyright/Trademark questions

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breakaway

Member
1. If I have registered a copyright, who can have access to view the item that I copyrighted?
2. When I check names that have trademarks, some are called "dead" even though they were registered within the past 10 years. How does that happen?
 
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divgradcurl

Senior Member
1. If I have registered a trademark, who can have access to view the item that I copyrighted?
This doesn't make any sense.

2. When I check names that have trademarks, some are called "dead" even though they were registered within the past 10 years. How does that happen?
Trademarks are only valid so long as they are used to identify a product or service in commerce. A registration can become abandoned because it is no longer in use, for example. However, a registration can also lapse due to failure to follow formalities, and a dead registration does not mean that a mark holder does not still have state or common-law rights to the mark. It just means that the registration is no longer.
 

breakaway

Member
Sorry I miswrote the first question. I just edited it to say copyrights.

About the registration, I didn't know you had to update the thing on a regular basis. I thought once you submit the registration once, you're done.
 

divgradcurl

Senior Member
Sorry I miswrote the first question. I just edited it to say copyrights.

About the registration, I didn't know you had to update the thing on a regular basis. I thought once you submit the registration once, you're done.
No, you have to update the USPTO periodically to maintain the registration. See Trademarks - documents to file.

If I have registered a copyright, who can have access to view the item that I copyrighted?
Anyone.
 

breakaway

Member
I know that with a quick internet search a person can find out the name, type of item, and address that is copyrighted. But how would a person actually See the thing that I've copyrighted?
 

seniorjudge

Senior Member
Q: I know that with a quick internet search a person can find out the name, type of item, and address that is copyrighted. But how would a person actually See the thing that I've copyrighted?

A: You could show it to them or sell it to them.
 

divgradcurl

Senior Member
I know that with a quick internet search a person can find out the name, type of item, and address that is copyrighted. But how would a person actually See the thing that I've copyrighted?
Three ways. First, they could ask the copyright holder to see the work. Second, if the deposited work has been entered into the Library of Congress's archives, it will be available through the LOC. Finally, since there is a deposit requirement, presumably a freedom of information act request on the copyright office would be likely to net you a copy of whatever you ask for -- although I doubt they would make you a copy of a deposited film for example. You may also be able to travel to the copyright office and make a request in person, but I don't know for sure if that will work. I suspect it would.
 

kgfiveonesix

Junior Member
Band/Tours/Selling CD's

I've started a band about 5 years ago, wrote all the music/lyrics performed most the instruments (excluding drums), on all the sound recordings.
We as a band constantly toured across the U.S. performing, selling CD's, shirts etc, however I recently left the band to pursue EMS. All the sound recordings are copyrighted and I am the owner.
The problem is that they (the rest of the band w/ a new member) still tour. I specifically refused the permission to do so and mentioned them buying the copyright from me. They did not understand why they would have to and continued on as if i said nothing. Then I also stated that there might be a civil case involved if they do not comply with my wishes.
Do I have a case??
 

seniorjudge

Senior Member
I've started a band about 5 years ago, wrote all the music/lyrics performed most the instruments (excluding drums), on all the sound recordings.
We as a band constantly toured across the U.S. performing, selling CD's, shirts etc, however I recently left the band to pursue EMS. All the sound recordings are copyrighted and I am the owner.
The problem is that they (the rest of the band w/ a new member) still tour. I specifically refused the permission to do so and mentioned them buying the copyright from me. They did not understand why they would have to and continued on as if i said nothing. Then I also stated that there might be a civil case involved if they do not comply with my wishes.
Do I have a case??
What does that have to do with the question in this thread?

1. If I have registered a copyright, who can have access to view the item that I copyrighted?
2. When I check names that have trademarks, some are called "dead" even though they were registered within the past 10 years. How does that happen?
 

breakaway

Member
I've started a band about 5 years ago, wrote all the music/lyrics performed most the instruments (excluding drums), on all the sound recordings.
We as a band constantly toured across the U.S. performing, selling CD's, shirts etc, however I recently left the band to pursue EMS. All the sound recordings are copyrighted and I am the owner.
The problem is that they (the rest of the band w/ a new member) still tour. I specifically refused the permission to do so and mentioned them buying the copyright from me. They did not understand why they would have to and continued on as if i said nothing. Then I also stated that there might be a civil case involved if they do not comply with my wishes.
Do I have a case??
Yes, if you are the sole copyright owner than you have a case.
 

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