Subject: Re: [FFML] Re: Copyright
From: "The Reverend Prez" <cannady@magiccarpet.com>
Date: 3/24/1998, 1:52 PM
To: fanfic@fanfic.com
Reply-to:
cannady@magiccarpet.com

On 22 Mar 98 -itlon at 21:42 -itlon, John Lemon said-itlon:

"Circular 44 CARTOONS AND COMIC STRIPSIN GENERALThe copyright law of the 
United States (title 17 of the UnitedStates Code) provides for copyright 
protection of literary andartistic works. Copyright protection begins 
automatically when awork is first created in a fixed form. Cartoons and 
comic stripsare among the types of works of authorship protected by 
copyright.This protection extends to any copyrightable pictorial or 
writtenexpression contained in the work. This protection does not 
extendto the title or general theme for a cartoon or comic strip or 
tothe general idea or name for the characters depicted. 
Intangibleattributes of characters are not copyrightable, but a 
drawing,picture, or depiction or a written description of a character 
maybe registered for copyright. However, copyright does not extend tothe 
character itself. A character may be protected under aspectsof other 
state, common, or trademark laws. Likewise, titles andnames may 
                    ^^^^^^^^^^^^^^
 					Note this...

This protection does not extendto the title or general theme for a 
cartoon or comic strip or tothe general idea or name for the characters 
depicted.

The Trademark Act of 1946 covers those grounds that copyright laws are not 
extended to; in this case, characters.  Lanham defines a trademark as 
follows:

	"The term "trademark" includes any word, name, symbol, or device, or any
	combination thereof--

	(1) used by a person , or

	(2) which a person has a bona fide intention to use in commerce and applies 
	to register on the principal register established by this Act,

	to identify and distinguish his or her goods, including a unique product, 
	from those manufactured or sold by others and to indicate the source of the 
	goods, even if that source is unknown." 

		-excerpted from TRADEMARK ACT OF 1946 ("LANHAM ACT"), AS AMENDED 
		SUBCHAPTER III--GENERAL PROVISIONS � 1127. Construction and definitions; 
		intent of chapter.

An applicant for a trademark files with the US Patent and Trademarks office, 
and consequently, trademarks do not embody the same natural entitlements 
recognized by the federal government in the case of copyrights.

In other words, simply because Title 17 doesn't cover the trademark issue 
doesn't mean that Title 15 is negligent. ;)  I refer you all to Title 15, 
particular sections � 1051-1056, 1063, 1065 and the entirety of Subchapter 
III.  Chapter 22 (formerly Chapter 3) of the USC establishes the foundation 
in which litigation against profit-driven adoption of registered trademarks 
credits its success to.

-The Reverend Prez
*  *  *

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-----The Representative of the Everlasting Funk-----
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"The Badass Reverend Prez"    |  Author of Robotech:
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