Re: Private College STudents create Independent Newsletter

Subject: Re: Re: Private College STudents create Independent Newsletter

Comments:
: : we created a newsletter..and used a name the Dean of Student suggested. : : when we decided to go independent because we were told that we hand no : : First Amendment rights unlike public college students who had full first amendment : : rights. So, we decide to write a newsletter using the same name and included : : a article that critized an authorized administration advertising flyer (it was : : : a girl in a bikini holding a plate of bread shaped like somebody's butt). THe : : school is threating us with being expelled because they said : : we infringed on their copywrite (the flyer was scanned and put into our newsletter). : : We were told the the Student Press Law Center that the flyer was fair game : : and that there was no infringment of copyright because they had not : : trademarked the name of the newsletter. What do you think? Do you need more info? : : the only time the name was used was on the newsletter i created at home. : Dear Avis, : It looks like you are caught up in a mix of politics and law. I hope you can get a civil rights lawyer to help you. : As far as the scanning is concerned, there may be some fair use as far as a newsletter is concerned. If what was scanned did not have a Proper Copyright notice on it, even if what you did was an infringement, without taking professional responsibility for anything I say, I believe there is nothing that they can do, unless you republish. : The name of the newsletter is fair game unless it infringes a registered trademark or a common law trademark already in use. : What can they do other than stopping your? What are their damages. : M. Arthur Auslander : Auslander & Thomas-Intellectual Property Law Since 1909 : 505 Eighth Avenue, New York, NY 10018 : 212-594-6900, fax 212-244-0028, aus@auslander.com : ELAINE's Workshop (sm) : E arly L egal A dvice I s N ot E xpensive

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