Texas Intellectual Property Legal Questions

If the book is in fact no longer protected by copyright, then yes, you can make copies or do anything else that is otherwise protected by copyright law, like make derivative works of the book. That assumes that you are correct that the book is no longer under copyright protection. Any work that was created in the United States more than 75 years ago is no longer copyright protected. If it was created after that, there is a myriad of rules that determine whether the work is still protected. If the work was created less than 75 years ago or in a different country, you should consult someone with familiarity of the copyright term rules. Your follow up question is slightly different. If you bought an ebook of a book that is no longer copyright protected, then the content of the book is not protected but the file may be. They may have used DRM (Digital Rights Management) and you may run into a problem if you try to circumvent the DRM.   ... Read More

Trademark infringement occurs when you use another's trademark in a way that confuses consumers into believing the product you are selling originates with or is sponsored by the trademark owner. With the word "boycott" on the front, there won't be any question about your non-affiliation with the trademark owner. Nearly all intellectual property issues are intensely fact-specific. Accordingly, you should consult with an attorney regarding the specifics of your intended use. This forum is not a substitute for personalized legal advice.... Read More

You would be wise to consult with a patent attorney prior to speaking with anyone (and I mean anyone) about your technology.  Secrecy is your best friend prior to filing a patent application.  A business method patent is one type or genre of patent application that may be applicable for your technology.  You may also have software and hardware elements that should be protected by a patent as well.  If you are pressed for time, a non-disclosure agreement between you and the disclosee (defined as any person having reason to want to know) may provide you with some legal protection/recourse under contract law.  Depending upon the circumstances, patent law can be extremely time sensitive.  Accordingly, the sooner that you are able to put together a patent strategy with a patent attorney, the more likely you are to preserve your potential domestic and international patent rights.... Read More

You should wait to see the agreement before asking this type of question. Mostly likely, the agreement will correspond to neither of your "two ways."  However, as a general rule, the company has the right to require you, as a condition of employment, to assign the rights to anything you invent that falls within the scope of your employment (whether or not you do it on your own time) and anything that you invent on company time using company resources.  If you invent something that is outside of the scope of your employment by the company on your own time, generally, it would not belong to the company, while If you invent something that is outside of the scope of your employment, but you do so on company time and/or using company resources, it is possible that the company might only obtain a royalty free license to practice the invention, rather than ownership. Please remember that these are only generalities and the specific facts of a specific situation may produce a different result.... Read More