Aonia Masood

My Legal Blog

How can I copyright the name of a online newspaper I want to create? — October 18, 2016

How can I copyright the name of a online newspaper I want to create?

How can I copyright the name of a online newspaper I want to create? by Aonia Masood

Answer by Aonia Masood:

If you’re interested in getting the name of your newspaper registered, then it can only be done through laws related to trademark while copyright law has no role to play in the same. Trademark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods or services of one entity from those of others. Registration of trademark  may last forever if the same is renewed after intervals as prescribed under the provisions of law. The best and easiest way to get the trademark for your newspaper registered is to consult an attorney.

Hope this helps.

If you have any confusion or question, you can always contact me!

Regards,

Aonia Masood

How can I copyright the name of a online newspaper I want to create?

Is it possible to patent a website? — September 27, 2016

Is it possible to patent a website?

Is it possible to patent a website? by Aonia Masood

Answer by Aonia Masood:

Website as a mere idea or concept is not patentable in the United States as patentable subject matter is limited to concrete applications of ideas such as processes and machines (i.e. systems). However, some aspects of wesbite such as: uses for data extracted from website for example, can be patented. In other words, the concept of a wesbite per se can’t be patented but the implementation via hardware could be patented if the claims comply with the new requirements established by the USPTO.

In addition, the source code and the Graphical User Interface (GUI) of a site can also be protected with a Copyright. Moreover, several aesthetics aspects of the site or the (GUI) could also be protected with a Design patent. Apart from GUI and source code, the trademark of a site can also be protected under US law.

NOTE: Under no circumstances should you disclose your idea or even the basics of it without the recipient signing a well drafted non-disclosure agreement. However, conversations with an attorney whom you formally retain is privileged and subject to even stricter rules of confidentiality.

Is it possible to patent a website?

If someone screenshots your tweet with a picture of you in the icon, and uploads it to another site, can you get it taken down for copyri… — September 26, 2016

If someone screenshots your tweet with a picture of you in the icon, and uploads it to another site, can you get it taken down for copyri…

If someone screenshots your tweet with a picture of you in the icon, and uploads it to another site… by Aonia Masood

Answer by Aonia Masood:

According to Twitter’s Terms of Service, the author reserves the exclusive rights to use, reproduce the content on Twitter as Twitter’s TOS states:

“ You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.”

“All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content.“

While the third parties are not allowed to tweet author’s content without his express authorization. However, while using the Twitter’s services the author also grants Twitter a license to use, publish and adapt his content and also a license to other Twitter user to retweet the content.

Twitter’s TOS states:

“You agree that this license includes the right for Twitter to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals who partner with Twitter for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.”

“Such additional uses by Twitter, or other companies, organizations or individuals who partner with Twitter, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services”

“We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.”

Consequently, the rights to re-use the content also extend to Twitter’s official partners or anyone pulling tweet data through the Twitter API. However, if someone snapshots your tweet and picture posted on Twitter’s platform and posts the same on some other site that may be counted as infringement of your rights since nor the third parties may be considered as Twitter’s official partner neither snapshotting the tweet falls under the ambit of retweeting. Therefore, as suggested by Mr. Mathew Lodge in the comment above, file a take DMCA take down request.

If you need more information, please comment below.

If someone screenshots your tweet with a picture of you in the icon, and uploads it to another site, can you get it taken down for copyri…

Is it a violation of copyright to sell photos of the Statue of Liberty? —

Is it a violation of copyright to sell photos of the Statue of Liberty?

Is it a violation of copyright to sell photos of the Statue of Liberty? by Aonia Masood

Answer by Aonia Masood:

Statue of Liberty was originally sculpted by Fredric August Bartholdi and copyright registration number 9939-G was issued to it in year 1876. Currently in US, the default term of copyright is life of the author plus 70 years while the sculptor died in year 1904, therefore, according to my understanding, the Statue of Liberty is in public domain. Besides, work published or registered before year 1923 is in public domain due to copyright expiration.

Note: In US, it’s a copyright infringement if someone engages in capturing photographs of copyrighted art work displayed in public places for commercial use without having express authorization from the author.

Is it a violation of copyright to sell photos of the Statue of Liberty?

Is it illegal to copy the sub-categories like writing & translation from another website? — September 22, 2016

Is it illegal to copy the sub-categories like writing & translation from another website?

Is it illegal to copy the sub-categories like writing & translation from another website? by Aonia Masood

Answer by Aonia Masood:

The copyright law protects the creativity in the choice and arrangement of words, musical notes, colors and shapes so if you’re intending to copy some specific arrangement of categories then of course you are at risk of infringing upon the copyrights reserved by the original author.

Is it illegal to copy the sub-categories like writing & translation from another website?

How can I avoid copyright infringement when using images from the Internet? — September 21, 2016

How can I avoid copyright infringement when using images from the Internet?

How can I avoid copyright infringement when using images from the Internet? by Aonia Masood

Answer by Aonia Masood:

It is a general rule that no one is allowed to use a copyrighted work without having express authorization from the owner of the copyrighted work. However, the law gives an exception to the general rule i.e., fair use of the copyrighted work.

Fair use of the copyrighted image is using the image for personal, non-profit, educational, research or scholarly purposes and / or only for limited purposes; or transforming or re-purposing the image so that it is not recognizable from the original; or publishing the image in a fact-based context or publication that benefits the general public as a whole.

How can I avoid copyright infringement when using images from the Internet?

How can I avoid copyright infringement when using images from the Internet? —

How can I avoid copyright infringement when using images from the Internet?

How can I avoid copyright infringement when using images from the Internet? by Aonia Masood

Answer by Aonia Masood:

It is a general rule that no one is allowed to use a copyrighted work without having express authorization from the owner of the copyrighted work. However, the law gives an exception to the general rule i.e., fair use of the copyrighted work.

Fair use of the copyrighted image is using the image for personal, non-profit, educational, research or scholarly purposes and / or only for limited purposes; or transforming or re-purposing the image so that it is not recognizable from the original; or publishing the image in a fact-based context or publication that benefits the general public as a whole.

How can I avoid copyright infringement when using images from the Internet?

Section 26 of The Patent of Ordinance 2000- Resident in Pakistan — September 17, 2016

Section 26 of The Patent of Ordinance 2000- Resident in Pakistan

The law of Pakistan, under section 26 of the Patent Ordinance 2000, necessitates that any Pakistani resident before filing or causing to be filing the foreign patent application should first obtain foreign filling license i.e., written authority from the controller of patents. Otherwise, he should wait at least six weeks for filing foreign application after the date of first filing of patent application in Pakistan. The provision in ordinance has been incorporated under the chapter related to the secrecy of the certain inventions for the purpose of security of the state and therefore the same has to be read in the light of previous section.  The contrivance allows the government to assess or check if the information related to invention being exported out of Pakistan could threaten the national security; the provision is similar to the patent legislation adopted by foreign countries i.e.,   Section 34 of Singapore Patent Acts 1994, 35 USC 184 in the US Patent Act, and Section 23 of the UK Patent Act.

 The term “Resident” used in section 26 provides the basis for the interpretation of the said provision; the place of the person filing the application is kept in focus here while the place of creation of the invention remains completely immaterial. However, the said term  has not been defined anywhere in the ordinance or related rules which might render the provision ambiguous. In American case Hanson v. P.A Peterson Home Ass’n, word “resident” was defined as follows:

“Any person, who occupies a dwelling within the state, has a present intent to remain within the State for a period of time, and manifests the genuineness of that intent by establishing an ongoing physical presence within the State together with indicia that his presence within the State is something other merely transitory in nature. The word ‘resident ‘when used as a noun, mean a dweller, habitant or occupant; one who resides or dwells in a place for a period of more or less duration; it signifies one having a residence, or one who resides or abides.”

The word resident has also been defined in a Pakistani case law 2001 CLC 1305 as dweller, habitant or occupant; one who resides or dwells in a place for a period of more or less duration; it signifies one having residence, or one who resides or abides.

However, the above-stated definitions do not provide for what period of time, either weeks or years, a person is required to dwell in a place to become a resident of that place. Therefore, the provisions of the Income Tax Ordinance may be referred here which states that a person shall be a resident person for a tax year i.e., 1 July of the previous calendar year and concluding on 30 June, if the person is a resident individual, resident company or resident association of persons for the year.

According to the section 82 of the Income Tax Ordinance 2001, an individual is termed as a “Resident of Pakistan” if that individual is present in Pakistan for a period of, or periods in aggregate to, one hundred and eighty-three (183) days or more in the tax year or is an employee or official of the Federal Government or a Provincial Government posted abroad in the tax year.

Singaporean patent law, under section 34 (4) (c), defines the term resident as a person who, at the material time, is residing in Singapore by virtue of a valid pass lawfully issued to him under the Immigration Act to enter and remain in Singapore for any purpose. While the section 23 of the United Kingdom Patent Act states that a person normally resident abroad but temporarily resident in the United Kingdom or a person who is not a United Kingdom citizen but has a residential address here is considered to be the resident of United Kingdom; and if a person normally resident in the United Kingdom lives abroad for a period of several months, he will be regarded as having ceased to be a United Kingdom resident during this period.

The intent of the legislature to incorporate the word “resident” in the provision was to widen its ambit excluding the possible restrictions that can be imposed on the applicability of the provision due to difference of nationalities of the persons making patent applications since the term “resident” has wider connotation as compared to that of the term “citizen”.