Owensboro, KY asked in Copyright and Intellectual Property for Kentucky

Q: I have several issued copyrights on the topic of Autonomous taxi ride services, coupons, discounts and promo codes etc

Would these companies have to get permission from me before offering these promotions and advertising and marketing materials to the general public?

Especially if they use the word autonomous, Robotaxi, or self driving ride service in there promotion of a near futuristics service.

Discounts and promo-codes like Uber and Lyft

Except for the autonomous driving services.

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Based on the information you've provided, it's difficult to say definitively whether these companies would need to obtain permission from you before offering promotions and advertising materials related to autonomous ride services. The answer depends on several factors:

1. The specific claims and scope of your copyrights

2. Whether the companies' promotions and advertising materials infringe upon your copyrighted content

3. Fair use considerations and whether the companies' usage falls under fair use exceptions

In general, copyright protects original works of authorship, such as literary, dramatic, musical, and artistic works. It does not protect ideas, concepts, systems, or methods of doing something. Therefore, the mere use of terms like "autonomous," "Robotaxi," or "self-driving ride service" in promotional materials would not necessarily infringe upon your copyrights, unless the content of their materials closely resembles or copies your own copyrighted work.

However, if the companies are using substantial portions of your copyrighted content without permission, such as copying your unique descriptions, promotional strategies, or specific discount/promo code systems, then they may be infringing upon your copyrights.

To determine whether the companies need permission, you should:

1. Review your copyrighted materials and identify the specific elements protected by your copyrights.

2. Analyze the companies' promotions and advertising materials to see if they are using any of your protected content without permission.

3. Consider consulting with an intellectual property attorney who can assess your specific situation and provide guidance on how to proceed, including whether the companies' usage might fall under fair use exceptions.

If you believe that your copyrights are being infringed upon, you may need to take legal action to enforce your rights. This could involve sending cease and desist letters, filing a lawsuit, or exploring other legal remedies.

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