Legal Issues With Fan Fiction
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Legal Issues With Fan Fiction
Fanfiction has encountered problems with intellectual property law due to usage of copyrighted characters without the original creator or copyright owner's consent. United States copyright law Significant amounts of copyrightable creative works such as motion pictures, television programs, music, and computer gaming works are produced in the United States. In addition, a significant amount of fanfiction is created in the United States. For these reasons, although every nation's law is different and different laws may apply to different works of fanfiction, U.S. law is often centrally relevant when determining the legality of writing and/or sharing fanfiction. Under U.S. copyright law, the legality of a given work of fanfiction will depend principally on three legal doctrines: (1) copyrightability of the underlying source work; (2) the derivative work right; and (3) fair use. To have copyright protection under U.S. law, a work must be an "original [work] of authorship fixed in a ...
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The Catcher In The Rye
''The Catcher in the Rye'' is an American novel by J. D. Salinger that was partially published in serial form from 1945–46 before being novelized in 1951. Originally intended for adults, it is often read by adolescents for its themes of angst and alienation, and as a critique of superficiality in society. The novel also deals with complex issues of innocence, identity, belonging, loss, connection, sex, and depression. The main character, Holden Caulfield, has become an icon for teenage rebellion. Caulfield, nearly of age, gives his opinion on just about everything as he narrates his recent life events. ''The Catcher'' has been translated widely. About one million copies are sold each year, with total sales of more than 65 million books. The novel was included on ''Time''s 2005 list of the 100 best English-language novels written since 1923, and it was named by Modern Library and its readers as one of the 100 best English-language novels of the 20th century. In 2003, it ...
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Trademark Infringement
Trademark infringement is a violation of the exclusive rights attached to a trademark without the authorization of the trademark owner or any licensees (provided that such authorization was within the scope of the licence). Infringement may occur when one party, the "infringer", uses a trademark which is identical or confusingly similar to a trademark owned by another party, in relation to products or services which are identical or similar to the products or services which the registration covers. An owner of a trademark may commence civil legal proceedings against a party which infringes its registered trademark. In the United States, the Trademark Counterfeiting Act of 1984 criminalized the intentional trade in counterfeit goods and services. If the respective marks and products or services are entirely dissimilar, trademark infringement may still be established if the registered mark is well known pursuant to the Paris Convention. In the United States, a cause of action ...
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Likelihood Of Confusion
In trademark law, confusing similarity is a test used during the examination process to determine whether a trademark conflicts with another, earlier mark, and also in trademark infringement proceedings to determine whether the use of a mark infringes a registered trademark. In many jurisdictions this test has been superseded by the concepts of similarity and likelihood of confusion, due to the harmonizing effects of the Agreement on Trade-Related Aspects of Intellectual Property Rights. Infringement Where mark X is not identical to a registered trademark, the use of mark X may still amount to an infringement if it is "confusingly similar" to the registered trademark. Mark X may share elements of spelling or style that would lead a reasonable observer to believe the trademarks were related. For example, in the computer industry, Microsoft has become such a well known trade name and trade mark that other businesses in the industry may want to use the term "micro" or "soft" in the ...
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Trademark
A trademark (also written trade mark or trade-mark) is a type of intellectual property consisting of a recognizable sign, design, or expression that identifies products or services from a particular source and distinguishes them from others. The trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher, or on the product itself. Trademarks used to identify services are sometimes called service marks. The first legislative act concerning trademarks was passed in 1266 under the reign of Henry III of England, requiring all bakers to use a distinctive mark for the bread they sold. The first modern trademark laws emerged in the late 19th century. In France, the first comprehensive trademark system in the world was passed into law in 1857. The Trade Marks Act 1938 of the United Kingdom changed the system, permitting registration based on "intent-to-use", creating an examination based process, an ...
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Lanham Act
The Lanham (Trademark) Act (, codified at et seq. () is the primary federal trademark statute of law in the United States. The Act prohibits a number of activities, including trademark infringement, trademark dilution, and false advertising. History Named for Representative Fritz G. Lanham of Texas, the Act was passed on July 5, 1946, and signed into law by President Harry Truman, taking effect "one year from its enactment", on July 6, 1947. In rare circumstances, a conflict will arise between trademarks that have been in use since before the Lanham Act went into effect, thus requiring the courts to examine the dispute according to the trademark act that existed before the Lanham Act. The Act has been amended several times since its enactment. Its impact was significantly enhanced by the Trademark Counterfeiting Act of 1984, which made the intentional use of a counterfeit trademark or the unauthorized use of a counterfeit trademark an offense under Title 18 of the United Sta ...
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Trademark Law
A trademark (also written trade mark or trade-mark) is a type of intellectual property consisting of a recognizable sign, design, or expression that identifies products or services from a particular source and distinguishes them from others. The trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher, or on the product itself. Trademarks used to identify services are sometimes called service marks. The first legislative act concerning trademarks was passed in 1266 under the reign of Henry III of England, requiring all bakers to use a distinctive mark for the bread they sold. The first modern trademark laws emerged in the late 19th century. In France, the first comprehensive trademark system in the world was passed into law in 1857. The Trade Marks Act 1938 of the United Kingdom changed the system, permitting registration based on "intent-to-use", creating an examination based process, and ...
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Campbell V
Campbell may refer to: People Surname * Campbell (surname), includes a list of people with surname Campbell Given name * Campbell Brown (footballer), an Australian rules footballer * Campbell Brown (journalist) (born 1968), American television news reporter and anchor * Campbell Cowan Edgar (1870–1938), Scottish Egyptologist and Secretary-General of the Egyptian Museum at Cairo * Campbell Jackson (born 1981), Northern Irish darts player * Campbell Johnstone (born 1980), New Zealand rugby union player * Campbell "Stretch" Miller (1910–1972), American sportscaster * Campbell Money (born 1960), Scottish footballer * Campbell Newman (born 1963), Australian politician * Campbell Scott (born 1961), American actor, director, and voice artist Places In Australia: * Campbell, Australian Capital Territory, a suburb of Canberra, Australia In Canada: * Campbell, Nova Scotia, on Cape Breton Island Nova Scotia * Campbell Branch Little Black River, South of Quebec, Canada (and Maine) * ...
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The Wind Done Gone
''The Wind Done Gone'' (2001) is the first novel written by Alice Randall. It is a bestselling historical novel that tells an alternative account of the story in the American novel ''Gone with the Wind'' (1936) by Margaret Mitchell. While the story of ''Gone with the Wind'' focuses on the life of the daughter of a wealthy slave owner, Scarlett O'Hara, ''The Wind Done Gone'' tells the story of the life of one of her slaves, Cynara, during the same time period and events. The title is an African American Vernacular English play on the original's title. Cynara's name comes from the Ernest Dowson poem ''Non sum qualís eram bonae sub regno Cynarae'', a line from which ("I have forgot much, Cynara! gone with the wind") was the origin of the title of Mitchell's novel. Plot summary ''Gone with the Wind'' revolves around Scarlett O'Hara, a pampered Southern white woman, who lives through the American Civil War and Reconstruction. ''The Wind Done Gone'' is the same story, but told f ...
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Gone With The Wind (novel)
''Gone with the Wind'' is a novel by American writer Margaret Mitchell, first published in 1936. The story is set in Clayton County and Atlanta, both in Georgia, during the American Civil War and Reconstruction Era. It depicts the struggles of young Scarlett O'Hara, the spoiled daughter of a well-to-do plantation owner, who must use every means at her disposal to claw her way out of poverty following Sherman's destructive " March to the Sea". This historical novel features a coming-of-age story, with the title taken from the poem "Non Sum Qualis eram Bonae Sub Regno Cynarae", written by Ernest Dowson. ''Gone with the Wind'' was popular with American readers from the outset and was the top American fiction bestseller in 1936 and 1937. As of 2014, a Harris poll found it to be the second favorite book of American readers, just behind the Bible. More than 30 million copies have been printed worldwide. ''Gone with the Wind'' is a controversial reference point for subsequent writers ...
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Margaret Mitchell
Margaret Munnerlyn Mitchell (November 8, 1900 – August 16, 1949) was an American novelist and journalist. Mitchell wrote only one novel, published during her lifetime, the American Civil War-era novel '' Gone with the Wind'', for which she won the National Book Award for Fiction for Most Distinguished Novel of 1936 and the Pulitzer Prize for Fiction in 1937. Long after her death, a collection of Mitchell's girlhood writings and a novella she wrote as a teenager, titled '' Lost Laysen'', were published. A collection of newspaper articles written by Mitchell for ''The Atlanta Journal'' was republished in book form. Family history Margaret Mitchell was a Southerner, a native and lifelong resident of Georgia. She was born in 1900 into a wealthy and politically prominent family. Her father, Eugene Muse Mitchell, was an attorney, and her mother, Mary Isabel "Maybelle" Stephens, was a suffragist and Catholic activist. She had two brothers, Russell Stephens Mitchell, who died in in ...
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United States Court Of Appeals For The Eleventh Circuit
The United States Court of Appeals for the Eleventh Circuit (in case citations, 11th Cir.) is a federal court with appellate jurisdiction over the following U.S. district courts: * Middle District of Alabama * Northern District of Alabama * Southern District of Alabama * Middle District of Florida * Northern District of Florida * Southern District of Florida * Middle District of Georgia * Northern District of Georgia * Southern District of Georgia These districts were originally part of the Fifth Circuit, but were split off to form the Eleventh Circuit on October 1, 1981. For this reason, Fifth Circuit decisions from before this split are considered binding precedent in the Eleventh Circuit.Stein v. Reynolds Secs., Inc.', 667 F.2d 33 (11th Cir. 1982). The court is based at the Elbert P. Tuttle U.S. Court of Appeals Building in Atlanta, Georgia. The building is named for Elbert Tuttle, who served as Chief Judge of the Fifth Circuit in the 1960s and was known for issuin ...
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