Legal Question in Intellectual Property in Ohio

Im currently in a potential law suit dealing with a Google chrome extension. The extension turns a facebook text into an image (called a Text to Image Code.)

At the beginning, I worked with someone elses code (which is illegal) because I thought it was an open-source code that anyone was allowed to use. Turns out its not.

However, the thing is, the company copyrighted THE VERY BASICS of a text to image code. And by basic I mean you cant get more basic. This doesnt seem to be right to me. It's like putting a copyright on the motions that allow a human to walk.

Isn't copyrighting the very basics of a code some type of monopolization? I cant create my own text to image code without infringing copyrights because of this.


Asked on 1/11/12, 1:44 pm

1 Answer from Attorneys

Nancy Delain Delain Law Office, PLLC

Without specifics, it's difficult to answer your question. However, the copyright law does allow the copyright rightsholder the exclusive right to make, sell and license derivative works from the copyrighted material. This begs the question as to whether your work is a "derivative work," and without that information I cannot even guess whether you infringe the copyright.

Yes, copyright does indeed grant a limited monopoly to the rightsholder (that's how Disney became a blue-chip company), as does patent, as does trademark. Assuming their copyright is valid, the copyright on the code will likely expire 120 years from the date it was created, at which point the code will enter the public domain; that, though, doesn't help you at all. If you're litigating or potentially litigating with GOOGLE over their copyright, you should speak with your attorney as to what you can do to defend the suit (there very likely are defenses that are available to you). If you don't have an attorney, you need one; don't do this alone (a copyright infringement action is not a small-claims matter). Feel free to contact me offline to discuss representation.

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Answered on 1/11/12, 2:15 pm


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