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View Diary: Louisiana Threatens To Sue MoveOn Over Billboard (257 comments)

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  •  the same way any other entity can (4+ / 0-)

    The postal service is a good example.  FedEx can't use postal service trademarks to try to trick people into thinking they are the postal service.  Similarly, you wouldn't want other entities posing as government agencies, so the state has to have the ability to trademark its distinctive branding.

    Similarly, the state is also allowed to copyright items produced by the state, but typically as a matter of policy does not.  An example might be prohibitions on other entitites distributing government produced works for profit when they'd been paid for at public expense.  A state held copyright would simply be held for the benefit of the public, somewhat like the state holds trust title over waterways and public lands for the benefit of the public.  Essentially, the state acts as the public agency to block private actors from taking advantage.

    As you state, typically public agencies do not assert copyright or grant rights to reproduce freely as a matter of policy.  Also, even if you have a private copyright, satire is not barred by copyright.

    •  Would satire be barred by TRADEMARK, though? (2+ / 0-)
      Recommended by:
      MrJersey, SilentBrook

      It would seem that doing so would be a very dangerous first amendment precedent, although we're finding that our first amendment rights of political speech are gradually being nibbled away at.

      Clearly, from my (non-lawyer amateur) point of view, Jindal's complaint about trademark infringement just doesn't hold water in a case where he's trying to misapply the law in order to stifle political speech.

      "Bernie Madoff's mistake was stealing from the rich. If he'd stolen from the poor he'd have a cabinet position." -OPOL

      by blue in NC on Fri Mar 07, 2014 at 09:00:55 AM PST

      [ Parent ]

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