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kiki443

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About kiki443

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  1. kiki443

    copyright 2

    Thanks for the answer!   another question not related to any question I asked It is related to Intellectual property though.   I saw there are many FAQ documents for games (walkthroughs, etc.) So I want to create my own walkthrough to help other players.   It would be a fan-made non-commercial walkthrough.   my question is do I need the developer's permission for writing and submitting such document? And if I submit it without permission can I get C&D to remove the document?   the walkthrough will not be submitted on my website I want to submit it on other website like https://www. gamefaqs.com/.      
  2. kiki443

    copyright 2

    Thank you for te explanations of different tredemark categories.   I have one more question.   I have come to idea that I bypass all trademarked terms by simply changing the word (deforming it). so the word is registered in the same sektor I want to use it. but if I change it for example add a letter or remove one or add two letters and change one or in my case the word is to be used as a "racename" in my movie so I could add an apostrophe (') in the middle of the word, or change it in simmilar way so that the word looks different but sounds almost the same and it has a sense (so it's not the senseless combination of letters).   I searched USPTO for original word and it is registered in multiple sektors than I change it and The new word is not registered anywhere. I also search the google for a new word and it didn't find anything.   can I avoid being sued for using the original trademarked word? Does this way of using registered trademarks counts as a violation of Intellectuall property? if no than It should be safe or could I still get legal problems?
  3. kiki443

    copyright 2

      seems that I already have the answer to that question after all I will have to talk with the lawyer to ensure that I didn't use anything that is someones property even if the word is not his property at all he can still sue me for using it.     having a better lawyer is generally enough to win because if you have a better lawyer even if not defending your word or IP you can still win and take that from actuall owner and if you are a owner you can lose your word if your oponent's lawyer is better than yours and vice versa     very good explanation thanks for that!     I understand that lawyer is difficult and professional job but paying 200$ per hour for few advises is a little too much imo I would give 100$ most just for answers to few questions     Now I understand that too, once I make my work all those laws that are now standing on my way will eventually protect my work and I will profit from that too.   But is there a way to ensure that you are not infringing someones property besides talking with a lawyer and paying 200$ for that?
  4. kiki443

    copyright 2

      ok I didn't want to be rude, so my apologies for being so! I didn't mean literally bribe just I wanted to say that you need lots of money to pay a lawyer (more money you have better you will be defended by your lawyer)     that is the fact of today's realty, unfortunately those with more money will be more powerful than others. Nowadays messure of power is actually quantity of money they have, more money- more power-more possibilities.     thanks for that advice     that means that even if you use similar word to existing trademark the owner can sue you even for that. But can he do that if you use it in different sector?
  5. kiki443

    copyright 2

    So basically whatever you do whatever you use there is always a person that will find something against someone who will sue you and most likely win because he will bribe the judges and lawyers against you and you wont be able to do anything unless you are a milionaire with 5 000 000 $ and you bribe your own lawyers.   what ashamed world we live in...
  6. kiki443

    copyright 2

    ok so that means that all is based on money who have biger wallet keeps the rights.   Thanks for help!
  7. kiki443

    copyright 2

    So that means even if there is no someone to inherit the work that work will always have an owner but is that owner an agency for copyright or some sort like that, for example in my country there is an agency for copyright called ZAMP if you are distributing copyrighted Works for example playing someones music or song in public you need to pay a fee to that agency?   but one question can a generic term be trademarked in sector where that word is generic? In an example you mention if you indeed have a wall-Building construction firm and call it wall would you be able to register "Walls" as trademark?
  8. kiki443

    copyright 2

    Hi Since my first topic has expired yet I have more questions related to this I will start a new one.   about old topic I want to say thanks for all who gave me answers and helped me with copyright and trademark related laws! I appreciate any given help!     In old topic I heared many times answers like "ask a lawyer" I want to say that I am not asking for any legal advice just for explanations  and simple answers for question.   now the question:   correct me if I am wrong here: in previous topic I ask about copyright; I asked how long copyright protects something:  the answer is 70 years after author's death, after that period the work became public usable or something like that, before that you need author's permission for taking his work to make your own. I can't understand something it simply doesn't make sense to me if the author is dead no one inherited his work so who holds authorship over the work for next 70 years? and whom to ask permission if there is no living owner of the work? and most importantly who will sue me for making derivative work from that work? (I am just asking I do not intend to do that)   about trademark:   correct me if I am wrong here too: trademark protects logos, names etc. it prohibits you from using someone's else stuff and gives the owner a chance to sue you if you do. condition is that word is not generic term (that word is not taken from the dictionary) so therefore generic terms or dictionary words cannot be trademarked.   in previous topic when I asked are the orcs trademarked you said that it cannot be trademarked because it is a generic term.   I do a litle research on that and I found out that orcs as some other generic terms are indeed trademarked. I was searching how to check if a word is trademarked and i found a trademark database.    https://www.google.hr/url?sa=t&rct=j&q=&esrc=s&source=web&cd=2&cad=rja&uact=8&ved=0ahUKEwj4qZ6o5bvQAhWGVhQKHTpNC2YQFgggMAE&url=http%3A%2F%2Ftess2.uspto.gov%2Fbin%2Fgate.exe%3Ff%3Dlogin%26p_lang%3Denglish%26p_d%3Dtrmk&usg=AFQjCNH7zNbJJLptjbXyI2bqh4UBfXarmQ&sig2=u9eHR_ay1QOA1hDmW_b89Q   I check if someone holds orcs as trademark and found out that over 50 people are indeed trademarked orcs. I also check for another generic term and found that over 800 people holds trademark for that word.   And now I am confused: How can multiple people hold trademark over the same word? How can someone register a generic term as trademark? Do I need permission from all those people if I want to trademark that word? (if that is even possible, according to my resoults it is) and can they sue me if I use it without permission?   here is one example: https://en.wikipedia.org/wiki/Sins_of_a_Solar_Empire title: expansions subtitle: Rebellion "The British video game developer Rebellion Developments has been opposing the use of "Rebellion" in the name of the game since 2012 due to trademark law."   How can they trademark a word "Rebellion" if it is a generic term?    
  9. kiki443

    Copyright

    I will have to create a plane and it's design but I want that plane looks real which means that I can't simply create an imaginated flying object but I have to make at least similar aircraft to the real f-22 or so.   so I need permission anyway no matter how it will look like and what symbols are on it even if there is nothing on it I need permission just because it looks like real f-22 aircraft Am I right about that fact?
  10. kiki443

    Copyright

    In earlier topic I created about using military designs for movie production - I asked about using war planes, vehicles etc.   And for that I need permission from manufacturer.   But I want to create a war plane that is by design exactly the same like f-22 but I won't put anything like logos, names or anything on it that can be against trademark laws. so I will make a plane that have no manufacturers logos, names, etc. on it.   Is that OK to do without permission or I still need it?
  11. kiki443

    Copyright

    I want to ask you one more question related to trademark.ž   I know that I need permission for using sometning that is already someones property that include trademark terms like names, logos, etc.   But what if let's say company changed it's name or logo about five years ago, does it still own trademark rights on their old name or logo?   if yes than for how long, is there any fixed perriod of time for trademark? like 70 years for copyright?   or does the company decides when they will give up their trademark right on old name or logo?   bassicly: How long trademark protect something?
  12. kiki443

    Copyright

    so limited is a part of the company name and it doesn't mean anything about copyright.   thanks       I know that, I will make my own movie when I get all those permissions from other companies.
  13. kiki443

    Copyright

    but why it says "limited" than?
  14. kiki443

    Copyright

      there is some examples:   Rome total war EULA:   Total War Software © 2002 - 2004 The Creative Assembly Limited. Total War, Rome:Total War and the Total War logo are trademarks or registered trademarks of The Creative Assembly Limited in the United Kingdom and/or other countries. Published by Activision Publishing, Inc. Activision is a registered trademark of Activision, Inc. All rights reserved. Portions utilize Microsoft Windows Media Technologies. Copyright (c) 1999-2002 Microsoft Corporation. All Rights Reserved This product contains software technology licensed from GameSpy Industries, Inc.  (c) 1999-2003 GameSpy Industries, Inc.  GameSpy and the "Powered by GameSpy" design are trademarks of GameSpy Industries, Inc.  All rights reserved   SWAT 4 EULA: Copyright (c)2004 Sierra Entertainment, Inc.   (c)1998-2004 Sierra Entertainment, Inc.  Sierra and the Sierra logo are registered trademarks or trademarks of Sierra  Entertainment in the U.S. and/or other countries.   W40k DOW soulstorm EULA: Warhammer 40,000: Dawn of War – Soulstorm -- Copyright © Games Workshop Limited 2008.  Dawn of War, the Dawn of War logo, Dawn of War – Soulstorm and the Dawn of War – Soulstorm logo, GW, Games Workshop, Space Marine, 40K, Warhammer, Warhammer 40,000 Device, and all associated marks, logos, places, names, creatures, races and race insignia/devices/logos/symbols, vehicles, locations, weapons, units and unit insignia, characters, products, illustrations and images from the Dawn of War game and the Warhammer 40,000 universe are either ®, TM and/or © Games Workshop Ltd 2000-2008, variably registered in the UK and other countries around the world, and used under license. All Rights Reserved. Source Code for the Dawn of War game © 2004 THQ Inc. All Rights Reserved.  The FreeType Project is copyright © 1996-2000 by David Turner, Robert Wilhelm, and Werner Lemberg. All rights reserved.  This product contains software technology licensed from GameSpy Industries, Inc. © 1999-2007 GameSpy Industries, Inc.  All rights reserved.  THQ, Relic Entertainment, and their respective logos are trademarks and/or registered trademarks of THQ Inc.  Iron Lore Entertainment and the Iron Lore logo are either registered trademarks or trademarks of Iron Lore Entertainment, Ltd. in the United States and/or other countries, used under license.  All other trademarks, logos and copyrights are property of their respective owners.       yes in most of licences I read it says something like this. Most of them  say in that form (Copyright {years of authorship} {creator})   I am not sure what this years mean I thought that it means expiration of copyright but when I read on wikipedia I saw that the copyright protects the product as long as author lives and about 70 years after.   I don't know if this applyes to games or not but basicly this applyes to books and movies.   thanks
  15. kiki443

    Copyright

    This question is for Tom Sloper.   when I asked my first question you give me a link to http://www.sloperama.com/advice/faq61.htm   I read this "I'm not a lawyer, but I've been in the game industry a long time" so you can answer me to the following question.   I am not asking for a legal advice just for short explanation.   Sorry that I didn't ask this earlier.   recently I read a few EULA documents from some games and other programs and movies. under copyright information I found something like this: c copyright limited 2004-2008. or copyright limited 2006. or something like that.   I am asking you this since you have been in a game industry so you should be familliar with this "limited copyright"   can you help me understend this better because as far as I understand it the copyright has expired in 2006 or so. therefore I can maybe use something without perrmission (or not).   however I just asking A short explanation what is this mean when its say LIMITED COPYRIGHT.
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