Act of Parliament A.P. 06-006 | Creative Protections Act

McBrittle419

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VOTE ON PASSAGE: PASSED

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IGNITE
McBrittle419: AYE
MattQiu: AYE
bloodyrebals: AYE

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MrNeighbor: ABS
Kaiser_Bismarck: ABS

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JunoAndrist: AYE

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Inflixed: AYE



A
BILL
TO

Establish Creative Protections
​
1 - About this Act
(1) This Act
(a) may be cited as the ‘Creative Protections Act’.
(b) may be numbered as P.B.06-XXX.
(c) shall be enacted immediately upon its signage.
(d) has been authored by Prime Minister McBrittle419.
(e) contains elements derived directly or indirectly from the Intellectual Property Act
(f) has been co-sponsored by bloodyrebals.

2 - Repeal
(1) The Intellectual Property Act is hereby repealed in its entirety.

3 - Definitions
(1) For the purposes of this Act, the following definitions shall apply:
(a) “Copyright” refers to the exclusive right of a creator to control the reproduction and distribution of an original artistic work.
(b) “Patent” refers to a temporary exclusive right granted to a creator over an original and novel item and its recipe.
(c) “Trademark” refers to a temporary right to any distinctive name, symbol, banner design, or combination thereof used by a registered business or individual to identify and distinguish their goods or services.
(d) “Creator” refers to any player who has produced an original work, design, item, or innovation within the Kingdom.

4 - Copyright
(1) Scope of Copyright Protection
(a) Copyright shall automatically vest in the Creator of any original artistic work upon its creation within the Kingdom of Alexandria.
(b) Works eligible for copyright protection shall include:
(i) Written works including any literary compositions intended for artistic or cultural purposes.
(ii) Artistic works including image-maps, paintings, banner designs, and pixel art.
(iii) Musical compositions in the form of custom music discs.

(2) Rights of the Copyright Holder
(a) The copyright holder shall have the exclusive right to:
(i) Reproduce or authorize the reproduction of the work.
(ii) Distribute copies of the work.
(iii) Authorize use of the work.

(3) Duration of Copyright
(a) Copyright shall remain in effect for the duration of the Creator’s active citizenship in the Kingdom.
(b) Upon the Creator’s departure from the Kingdom evidenced by inactivity exceeding one hundred eighty (180) days, their copyright shall enter the public domain.

(4) Fair Use
(a) The following shall not constitute copyright infringement:
(i) Use of a copyrighted work for purposes of education, news reporting, or parliamentary proceedings.
(ii) Reproduction of a small or insubstantial portion of a work for commentary or critique.
(iii) Incidental inclusion of a copyrighted work in the background of a build or photograph.
(iv) Independent Creation: The production of a substantially similar work if it can be reasonably proven that the Creator designed it independently without prior knowledge of or intent to copy the registered intellectual property.

5 - Patents
(1) Scope of Patent Protection
(a) A patent may be granted by the Ministry of Welfare for any original, custom item.
(b) A patent may be applied for by any citizen to the Ministry of Welfare.
(i) The Ministry of Welfare shall set policy determining the process for applications, implementation, and pricing.
(ii) The Ministry of Welfare reserves the right to close applications for any reason. This shall not affect open applications.

(2) Patent Application
(a) The Ministry of Welfare shall set policy determining the process for applications, implementation, and pricing.
(b) All applications are reviewed by the Ministry of Welfare and are subject to final staff approval.
(c) The Ministry of Welfare reserves the right to close applications for any reason. This shall not affect open applications.
(d) The Ministry of Welfare reserves the right to deny applications for any reason deemed reasonable, including but not limited to overpowered effects, unreasonable recipes, low-quality submissions, quantity of recent submissions, being too valuable, lacking sufficient purpose, or rejection by staff.

(3) Rights of the Patent Holder
(a) The patent holder shall have the exclusive right to:
(i) The recipe and reproduction of the patented item.
(ii) The sale and/or authorization for sale of the patented item.
(iii) Seek legal remedy against any player who sells or reproduces the patented item.
(b) Patents may not be transferred.

(4) Duration of Patents
(a) A patent shall be valid for a period of ninety (90) days from the date of implementation.
(b) After a period of ninety (90) days, a patent shall permanently expire and the item shall enter the public domain.
(c) The Ministry of Welfare shall keep a public register of approved custom items in which the item and its recipe are listed upon expiration of the patent.

6 - Trademarks
(1) Scope of Trademark Protection
(a) A trademark may be registered for any distinctive name, symbol, banner design, slogan, custom-named item, or combination thereof used in commerce within the Kingdom.
(b) A trademark must be:
(i) Distinctive and not merely descriptive of the goods or services offered.
(ii) Not confusingly similar to an existing registered trademark.
(iii) Not offensive, obscene, or in violation of the Alexandrian Criminal Code.

(2) Trademark Registration
(a) To register a trademark, a player or registered business must file an application with the Ministry of Trade and Finance.
(i) The Ministry of Welfare shall set policy determining the process for applications and pricing.
(b) Approved trademarks shall be published publicly on the forums.

(3) Rights of the Trademark Holder
(a) The trademark holder shall have the exclusive right to:
(i) Use the registered trademark in connection with their goods or services.
(ii) Seek legal remedy against any player who uses a confusingly similar mark in the same or related trade.
(iii) Authorize the use of their trademark to other players or businesses.
(b) The trademark holder may transfer their trademark to another player or business by written agreement filed with the Ministry of Trade and Finance.

(4) Duration and Maintenance of Trademarks
(a) A registered trademark shall remain in effect for a duration of ninety (90) days.
(b) A trademark may be renewed for a fee.
(c) A trademark is deemed unregistered if not renewed and shall be removed from the forums Ministry of Trade and Finance register.

7 - Miscellaneous Provisions
(1) Any dispute arising under this Act regarding standard copyright, patent, or trademark infringement may be brought before the Magistrate Court by the aggrieved party as a civil matter.
(2) The provisions of this act are severable. Should one part of it be declared unconstitutional or otherwise void, it shall not affect the parts which remain.
 
Last edited by a moderator:
IGNITE
Through Their Member, Prime Minister McBrittle419
Moves to Pass
The Creative Protections Act​


Parliament notes:
(1) This Act repeals the IP Act and reintroduces the idea of creative protections in a way that is practical.
(2) This Act lays the foundation for custom item patents through the Ministry of Welfare.

Based on this, Parliament decides:
(1) To enact the Creative Protections Act to protect citizen's creative property.

To fulfill this, Parliament projects the following expenses:
(1) None.

Further, Parliament projects the following administrative efforts:
(1) The Ministry of Trade and Finance will create and maintain on the forums applications for and a registry of active trademarks.
(2) The Ministry of Trade and Finance will enact trademark policy.
(3) The Ministry of Welfare will create and maintain on the forums applications for patents and a registry of public custom items.
(4) The Ministry of Welfare will enact patent policy.

To implement the above, Parliament passes:
​

A
BILL
TO

Establish Creative Protections
​
1 - About this Act
(1) This Act
(a) may be cited as the ‘Creative Protections Act’.
(b) may be numbered as P.B.06-XXX.
(c) shall be enacted immediately upon its signage.
(d) has been authored by Prime Minister McBrittle419.
(e) contains elements derived directly or indirectly from the Intellectual Property Act
(f) has been co-sponsored by bloodyrebals.

2 - Repeal
(1) The Intellectual Property Act is hereby repealed in its entirety.

3 - Definitions
(1) For the purposes of this Act, the following definitions shall apply:
(a) “Copyright” refers to the exclusive right of a creator to control the reproduction and distribution of an original artistic work.
(b) “Patent” refers to a temporary exclusive right granted to a creator over an original and novel item and its recipe.
(c) “Trademark” refers to a temporary right to any distinctive name, symbol, banner design, or combination thereof used by a registered business or individual to identify and distinguish their goods or services.
(d) “Creator” refers to any player who has produced an original work, design, item, or innovation within the Kingdom.

4 - Copyright
(1) Scope of Copyright Protection
(a) Copyright shall automatically vest in the Creator of any original artistic work upon its creation within the Kingdom of Alexandria.
(b) Works eligible for copyright protection shall include:
(i) Written works including any literary compositions intended for artistic or cultural purposes.
(ii) Artistic works including image-maps, paintings, banner designs, and pixel art.
(iii) Musical compositions in the form of custom music discs.

(2) Rights of the Copyright Holder
(a) The copyright holder shall have the exclusive right to:
(i) Reproduce or authorize the reproduction of the work.
(ii) Distribute copies of the work.
(iii) Authorize use of the work.

(3) Duration of Copyright
(a) Copyright shall remain in effect for the duration of the Creator’s active citizenship in the Kingdom.
(b) Upon the Creator’s departure from the Kingdom evidenced by inactivity exceeding one hundred eighty (180) days, their copyright shall enter the public domain.

(4) Fair Use
(a) The following shall not constitute copyright infringement:
(i) Use of a copyrighted work for purposes of education, news reporting, or parliamentary proceedings.
(ii) Reproduction of a small or insubstantial portion of a work for commentary or critique.
(iii) Incidental inclusion of a copyrighted work in the background of a build or photograph.
(iv) Independent Creation: The production of a substantially similar work if it can be reasonably proven that the Creator designed it independently without prior knowledge of or intent to copy the registered intellectual property.

5 - Patents
(1) Scope of Patent Protection
(a) A patent may be granted by the Ministry of Welfare for any original, custom item.
(b) A patent may be applied for by any citizen to the Ministry of Welfare.
(i) The Ministry of Welfare shall set policy determining the process for applications, implementation, and pricing.
(ii) The Ministry of Welfare reserves the right to close applications for any reason. This shall not affect open applications.

(2) Patent Application
(a) The Ministry of Welfare shall set policy determining the process for applications, implementation, and pricing.
(b) All applications are reviewed by the Ministry of Welfare and are subject to final staff approval.
(c) The Ministry of Welfare reserves the right to close applications for any reason. This shall not affect open applications.
(d) The Ministry of Welfare reserves the right to deny applications for any reason deemed reasonable, including but not limited to overpowered effects, unreasonable recipes, low-quality submissions, quantity of recent submissions, being too valuable, lacking sufficient purpose, or rejection by staff.

(3) Rights of the Patent Holder
(a) The patent holder shall have the exclusive right to:
(i) The recipe and reproduction of the patented item.
(ii) The sale and/or authorization for sale of the patented item.
(iii) Seek legal remedy against any player who sells or reproduces the patented item.
(b) Patents may not be transferred.

(4) Duration of Patents
(a) A patent shall be valid for a period of ninety (90) days from the date of implementation.
(b) After a period of ninety (90) days, a patent shall permanently expire and the item shall enter the public domain.
(c) The Ministry of Welfare shall keep a public register of approved custom items in which the item and its recipe are listed upon expiration of the patent.

6 - Trademarks
(1) Scope of Trademark Protection
(a) A trademark may be registered for any distinctive name, symbol, banner design, slogan, custom-named item, or combination thereof used in commerce within the Kingdom.
(b) A trademark must be:
(i) Distinctive and not merely descriptive of the goods or services offered.
(ii) Not confusingly similar to an existing registered trademark.
(iii) Not offensive, obscene, or in violation of the Alexandrian Criminal Code.

(2) Trademark Registration
(a) To register a trademark, a player or registered business must file an application with the Ministry of Trade and Finance.
(i) The Ministry of Welfare shall set policy determining the process for applications and pricing.
(b) Approved trademarks shall be published publicly on the forums.

(3) Rights of the Trademark Holder
(a) The trademark holder shall have the exclusive right to:
(i) Use the registered trademark in connection with their goods or services.
(ii) Seek legal remedy against any player who uses a confusingly similar mark in the same or related trade.
(iii) Authorize the use of their trademark to other players or businesses.
(b) The trademark holder may transfer their trademark to another player or business by written agreement filed with the Ministry of Trade and Finance.

(4) Duration and Maintenance of Trademarks
(a) A registered trademark shall remain in effect for a duration of ninety (90) days.
(b) A trademark may be renewed for a fee.
(c) A trademark is deemed unregistered if not renewed and shall be removed from the forums Ministry of Trade and Finance register.

7 - Miscellaneous Provisions
(1) Any dispute arising under this Act regarding standard copyright, patent, or trademark infringement may be brought before the Magistrate Court by the aggrieved party as a civil matter.
(2) The provisions of this act are severable. Should one part of it be declared unconstitutional or otherwise void, it shall not affect the parts which remain.
 
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