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Montana Intellectual Property Legal Questions

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3 legal questions have been posted about intellectual property by real users in Montana. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include copyrights, intellectual property licensing, and patents. All topics and other states can be accessed in the dropdowns below.

Can I use quoted material in a fiction book

Answered 6 years and 3 months ago by Bharath Reddy Konda (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Intellectual Property
Based on what you have stated, it is plausible to use three small quotes with proper attribution in an endnote. These three small quotes come under copyright "fair use," which is a defense for copyright infringement. You are giving credit to the copyright owner, and the amount of copied quotes is minuscule to your total work. Yes, you can sell your work for profit while using three quotes with attribution from copyrighted content. Disclaimer: The response is general in nature and cannot be construed as legal advice. If you would like to have legal advice, then please consult any competent attorney privately to discuss your case and establish a proper attorney-client relationship. I only work through my website at https://affordabletrademarkattorney.com/... Read More
Based on what you have stated, it is plausible to use three small quotes with proper attribution in an endnote. These three small quotes come under... Read More

Legality of using Super Nintendo instruments?

Answered 12 years and 2 months ago by Todd A. Sullivan (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Intellectual Property
Part of the issue becomes, are the notes recognizable. If no one is going to be able to tell that the sounds came from Nintendo games, you are unlikely to have an issue. If people can tell, now it looks like you are related (trademark issues) and you are exploiting their musical work (copyright issues). If the work you are taking is that limited, why not just generate your own low quality single notes instead of relying on Nintendo games?... Read More
Part of the issue becomes, are the notes recognizable. If no one is going to be able to tell that the sounds came from Nintendo games, you are... Read More

My wife is a microbiology PhD. student. Does the copyright to her work and lab notebooks belong to her, or the University/her Principal Investigator?

Answered 14 years and 6 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Intellectual Property
The answer is "it depends." There are several principles that may control here. First, as a general matter, the work of an employee belongs to the employer, if there is a traditional employee-employer relationship. That means, generally, that a work of authorship written by an employee of a university belongs to the university. Whether an employee-employer relationship exists may depend on numerous facts, including whether your wife receives a stipend and whether that stipend is reported on Form W-2. The latter fact would nearly certainly establish the existence of the required relationship and render the work the property of the employer. It is also possible that your wife has impliedly assented to the university's policies regarding this issue by accepting the benefits of her arrangements (whatever those benefits might be).  ... Read More
The answer is "it depends." There are several principles that may control here. First, as a general matter, the work of an employee belongs to the... Read More
Intellectual Property
Montana

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