PDA

View Full Version : (US LAW) Important New Legislation Proposal (Trademarks)

pearblossom
02-03-2006, 10:01 PM
I don't know if this has been posted here yet. It's about a proposed amending the current legislation surrounding trademarks:

"The Act would give companies considerable leverage in preventing artists and photographers from employing their marks in images by claiming the mark is being "diluted". The bigger the company, the more famous the trademark, the easier it will be to prevent you guys from using it. National companies with highly recognizable marks would have more leverage than any single creator or small business and would easily outspend any of you to prevent your using their mark.

Exceptions for fair use, non-commercial use, reportage, commentary, etc. currently existing could disappear and would be no defense to claims of infringement of a registered or unregistered mark. Trade dress is often unregistered."



Link to Article: http://www.stockphotographer.info/content/view/77/98/
CelticArtist
02-03-2006, 10:36 PM
that's going to be hard to enforce, but it's worrisome anyway. should be interesting to see if it passes and big businesses get yet more power (sorry, cynic came out there)
pem
02-03-2006, 11:57 PM
I'm no expert, but not so long ago there was no copyright law, there was no patent law and there was no trademark law and somehow there was progress in human endeavours. (click here (http://cyber.law.harvard.edu/property99/history.html) for a history of intellectual property law) Since that time there has been the creation and progression in the great experiment called America, the granting of previously solely human rights to non-human entities like corporations, and ever increasing communication and hence valuation of ideas (non-physical objects). Although I think the development of law around ideas/memes/concepts, or other non-physical works of knowledge is a worthy pursuit, it clearly is a work-in-progress. I can only hope that somewhere in all of this process of defining what intellectual property is and who it belongs to, that as a single individual I can still be free to think, create, profit and share even if someone else had the same idea.

The main problem I have with intellectual property law is that the latest trends assume that completely original ideas can be created and exist even though it physiologically and psychologically impossible to be born, develop and finally create something without having built on the work of those who came before you. In other words, every bit of intellectual property has its origin in someone else's work. The creation of law around IP has to respect that.

This all seems to be part one great rush of a land grab in our communal intellectual space.

BTW, aside from the link, all of the contents are original, copyright and a product of all of those other people who made me who I am today.:p
CGTalk Moderation
02-03-2006, 11:57 PM
This thread has been automatically closed as it remained inactive for 12 months. If you wish to continue the discussion, please create a new thread in the appropriate forum.