COPYRIGHT and TRADEMARKS

In no way is the author connected to James Cameron, Lightstorm Entertainment, Carloco Pictures, or those who own the Terminator trademark.

The script is protected by a copyright as a derivative work at the U.S. Copyright Office.

I've also reviewed the rules at the U.S. Patent and Trademark Office.

The following are exerpts from the Intellectual Property and National Information Infrastructure report signed by President Clinton in 1994.

I. LAW
A. COPYRIGHT
1. SUBJECT MATTER AND SCOPE OF PROTECTION
a. ELIGIBILITY FOR PROTECTION

The subject matter eligible for protection under the Copyright Act[15] is set forth in Section 102(a): "Copyright protection subsists . . . in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device.[16]" "From this provision, the courts have derived three basic requirements for copyright protection -- originality, creativity and fixation."

The requirements of originality and creativity are derived from the statutory qualification that copyright protection extendsonly to "original works of authorship."[17]

To be original, a work merely must be one of independent creation -- i.e., not copied from another. There is no requirement that the work be novel (as in patent law), unique or ingenious. While there must also be a modicum of creativity in the work, the level of creativity required is exceedingly low; "even a slight amount will suffice."[18]

The final requirement for copyright protection is fixation in a tangible medium of expression. Protection attaches automatically to an eligible work of authorship the moment the work is sufficiently fixed.[19]

Congress provided considerable room for technological advances in the area of fixation by noting that the medium may be "now known or later developed."[20]

d. CATEGORIES OF PROTECTIBLE WORKS
COMPILATIONS AND DERIVATIVE WORKS

A "compilation" is "a work formed by the collection and assembling of preexisting materials or of data that are selected,coordinated, or arranged in such a way that the resulting work as a whole constitutes an original work of authorship."[76]

Directories, magazines and anthologies are types of compilations. A "derivative work" is a work "based upon" one or more existing works.[77]

A derivative work is created when one or more existing works is "recast, transformed, or adapted" into a new work, such as when a novel is used as the basis of a movie or when a drawing is transformed into a sculpture.[78]

TRADEMARK

"The purpose of a trademark is twofold -- to identify the source of products or services and to distinguish the trademark owner's goods and services from those of others. As long as a trademark fulfills these functions, it remains valid. Trademark ownership rights in the United States arise through use of a mark. Continued use of a mark is necessary to maintain trademark rights. "

"The owner of a trademark is entitled to the exclusive right to use the mark. This entitlement includes the ability to prevent the use, by unauthorized third parties, of a confusingly similar mark. Marks used by unrelated parties are confusingly similar if, by their use on the same, similar, or related goods or services, the relevant consumer population would think the goods or services come from the same source."

As for trademarks like "TERMINATOR", I'm not violating any since the script is called TERMINATOR 3: ARMAGEDDON, posted on the net with a banner proclaiming that it is not the same source and no profit is being made and defined as "competition by the trademark laws.

The mark of Terminator has to be in continued use to maintain trademark rights, that may be true for the word itself if used in commerce.

Federal trademark law is embodied in the Lanham Act and is based upon the commerce clause of the Constitution.

"Therefore, to obtain a Federal trademark registration, in most cases the owner of a mark must demonstrate that the mark is used in a type of commerce that may be regulated by Congress. "

There's the keyword, COMMERCE, which means money. If I'm not selling the script but merely giving it away, I'm not in violation of a trademark.

"Additionally, the Trademark Law Reform Act of 1988 amended the Lanham Act to establish trademark rights, which vest upon registration following use of the mark in commerce, as of the filing date of a trademark application indicating a bona fide intent to use the mark in commerce."

"Remedies against trademark infringement and unfair competition are available to trademark owners under both state andFederal law. In this regard, the owner of a Federal trademark registration has certain benefits. In a court proceeding, registration on the Principal Register constitutes prima facie evidence of the registrant's ownership of the mark. Registration on the Principal Register may also be used as a basis to block importation of infringing goods or to obtain remedies against a counterfeiter."

"The Lanham Act provides that under certain conditions the right to use a registered
mark may become incontestable.[320]

Certian conditions eh? Here they are if I were to be sued for this script.

1. Violation of my freedom of speech.
2. Violation of my right to publish

as defined in the

United States Constitution

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech or of the press; or the right of people peaceably to assemble, and to petition the government for a redress of greivances.

Thus if the Trademark laws were used to try to limit my freedom of speech on the Net by having the script removed, it would be un-constitutional and therefore Congress would have made a law abridging the freedom of speech and the press.

"Additionally, the Lanham Act provides for cancellation of registrations on certain grounds.[321]"

Perhaps if the mark were used to infringe on Freedom of Speech and the right to publish?

Existing legal precedent accepts electronic transmission of data as a service and, thus, as a valid trademark use for the purpose of creating and maintaining a trademark.[322] Additionally, existing legal precedent applies the available remedies for infringement and unfair competition to such acts occurring through the unauthorized use of trademarks electronically.[323]

TERMINATOR 3: ARMAGEDDON is not owned or used by anyone, yet.

"T2, Terminator 2, and Terminator by themselves are *established* trademarks, but not Terminator 3: Armageddon, OR T3. I could claim T3 as a trademark as easily as I could 1A, 2B, 3C, N345 , and I could go on and on. And perhaps TERMINATOR 3: ARMAGEDDON as a whole.

T3 and TERMINATOR 3: ARMAGEDDON are trademarks of Daniel Perez.

A,B,C,D,E,F,G,H,I,J,K,L,M,N,O,P,Q,R,S,T,U,V,W,X,Y,Z,1, 2, 3, 4, 5, 6,7, 8, 9, 0 are Trademarks owned by Daniel Perez. (just kidding) So if you were to type any of these on your computer in cyberspace, you would be guilty of Trademark infringement.

See how stupid the law could become if it went this far? Within the law, it is possible. Daniel Perez is a trademark owned by Daniel Perez just as easily as Joe Shmoe is a trademark of Joe Shmoe. Your Name is a trademark of Your Name.

Get out a piece of paper, and write "TERMINATOR" or some other well known logo on it, make several photocopies and give them to anyone, since by law you are performing a service by passing out a pieces of paper, you're guilty of trademark infringement. "Stupid is what stupid does" - Forrest Gump (oops, infringement!) ;-)

"However, in the future, with widespread access to and use of the NII, both the legitimate and infringing electronic uses of trademarks may increase. Further, unfair competition may increase in the context of the NII to the extent that it may be easier to copy or remove trademarks from electronically transmitted information than from labeled products or from services identified in print media."

May be easier? The Internet is print media. Period.