Re: [nbos] [Inspiration Pad] Copyright QuestionsT'Star Thu Nov 2nd, 2006
Names not protected by trademark DO. Xerox almost lost their right to
trademark their name because it was in such common usage. They
maintained it because it was the name of the company. I said
"probably" because I have not looked at every single table that every
person has ever made and posted for other people to use. You can't
copyright the name "Mary". You can copyright a specific character
named Mary and attempt to trade mark the name; however, it is in such
common usage such a request would very likely be denied. I'm not a
lawyer, so I can't 100% say it won't be denied, but that is the
general rule that, if you look, most people who answer questions on
copyright advise: The name itself is generally not copyrightable. If
it is trademarked it is required to be marked as such.
Basically the rule of thumb is this, and yes it's one I've dealt with:
Assume that names aren't protected by copyright, and don't post
anything to a public venue you wouldn't mind people using.
On 11/1/06, Exile In Paradise <exile-at-weylan-yutani.com> wrote:
> On Wed, 2006-11-01 at 17:09 -0600, T'Star wrote:
> > May I make a note? There are certain things that
> > are not subject to CopyRight law under most
> > circumstances: NAMES being one of them. It is
> > much too easy to arive at the same name as someone
> > else completely independantly. There is a Dukhat
> > on both Babylon 5 AND Star Trek Deep Space 9.
> > They are difinitively different characters so
> > there is no infringment of copyright. Alot of
> > the tables, as far as I can tell, would probably
> > fall into this catagory.
> Sure, we're all friends here.
> And yes, names may fall into that category unless
> they are listed under other IP laws stronger than
> a copyright, such as a trade mark.
> My question was prompted exactly because of the
> ambiguity. For example, you yourself said "would
> probably fall into" which is another way of
> saying "we don't really know for sure".
> That is why I asked for specifics, to remove that
> "we don't know" factor.
> Exile In Paradise
> Operative: "This is a good death. There is no shame in this."
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