copyright law

exclusive license

Exclusive license allows a licensor to share intellectual property with a licensee for a specific period of time that usually binds the licensor to not share the property with anyone else. Normally, the license is unique to a certain area or...

exhaustion

Exhaustion refers to the doctrine that states once a product is sold by a patent owner, the patent owner can’t sue the purchaser for having an authorized copy of the patented product. The patent owner’s exclusive rights of the patented...

fair use

Fair use is a type of affirmative defense in copyright law. Regulated under 17 USC §107, the congress list four factors in deciding if a use of the original work is a fair use. The four factors are: 1) the character and purpose of the use; 2) the...

fixed in a tangible medium of expression

“Fixed in a tangible medium of expression” is one of the requirements for receiving copyright protection for a work under the Copyright Act in 17 U.S.C. § 102(a). In order to apply for copyright protection, a work must fulfill all the...

incorporeal

Incorporeal is something intangible; that has no physical existence, such as a right.

In reference to law, “incorporeal” is used primarily in the context of property. Louisiana has a statute that defines corporeal and...

incorporeal ownership

Incorporeal ownership is the ownership of a right. It is ownership which is intangible in nature. In other words, it is not ownership of a thing, but ownership in a right related to something. For example, if you own a piece of land, that is...

infringement

Overview:

An infringement is a violation, a breach, or an unauthorized act. Infringement occurs in various situations. A harm to one’s right is an infringement. A violation of a statute is also an infringement. In a commercial contract, an...

infringement (of copyright)

Generally, an infringement refers to the act of unlawful copying of material under intellectual property law. It is an act that interferes with the right of intellectual property ownership.

In a copyright infringement matter...

instance and expense test

The instance-and-expense test is a legal standard commonly employed by courts to determine whether a product was a work made for hire. Work done by employees within the scope of their employment will generally be deemed made for hire. However...

intangible property

Intangible Property is a property without a physical existence. Examples of intangible property include patents, patent applications, trade names, trademarks, service marks, copyrights, trade secrets.

Some intangible...

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