| Adaptation Rights and Derivative Works |
| When an artist creates a work of art, the copyright comes into existence automatically. No registration is required, though it may be necessary to protect some remedies if the artist ever plans to sue for infringement. The copyright provides the owner with a number of exclusive rights. One of the exclusive rights granted to copyright owners is the adaptation right, which gives the holder of a copyright the exclusive right to prepare derivative works based on the original work. Under the adaptation right, the copyright owner may prevent any unauthorized translation, musical arrangement, dramatization, etc. A translation of the work into any language without the consent of the copyright owner is an infringement of that copyright. The adaptation right is a means of prohibiting any unauthorized changes in the work More... |
| The European Community Trademark |
| A Community Trademark (CTM) provides protection for a trademark in the 25 current member countries of the European Union (Austria, Belgium, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, the Netherlands, and the United Kingdom). The CTM is an attempt by the European Union (EU) to create a single standard to apply to all trademark owners in Europe. The establishment of the CTM has had important consequences for trademark owners both within and without the EU. While non-Europeans may view the CTM with concern about being disadvantaged by this new system, they may also use the system if they perceive that it will be advantageous for them to do so. More... |
| Trade Secret Protection Program |
| It is important to adequately safeguard trade secrets. In order for a trade secret litigant to secure court assistance in any jurisdiction so that its rights may be enforced, there is a fundamental requirement that the litigant must prove that it exercised reasonable safeguards to protect secrecy. More... |
| The Basics of Trademarks |
| What is a trademark?More... |
| The Architectural Works Copyright Protection Act of 1990 |
| In December 1990, President Bush signed into law the Architectural Works Copyright Protection Act of 1990. The 1990 Act provides the design professional with significant protections and rights unavailable under prior law. Prior to this legislation, copyright protection for the work of design professionals was afforded only to drawings and specifications. The author of the design had no copyright remedy if a duplicate structure was constructed from the original drawings and specifications or from the building itself, as long as the drawings and specifications were not copied. The 1990 Act retains copyright protection for drawings as "pictorial" or "graphic" works, and building from the original drawings or building is now considered a copyright infringement. More... |
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