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- ***As you are talking about UK legislation, i am going to talk about it to you too***
- According to the 1998 c. 48 Copyrights, Designs and Patents Act 1988 Part 1 Chapter 1 Subsistence, Ownership and during of copyright, the group name, chat, and messages sent on the discord server is not copyrighted, except the images and videos posted on it.
- According to the 1998 c. 48 Copyrights, Designs and Patents Act 1988 Part 1 Chapter 1 Authorship and ownership of copyright, *`in the case of a literary, dramatic, musical or artistic work which is computer-generated, the author shall be taken to be the person by whom the arrangements necessary for the creation of the work are undertaken.`* Thus, any copyright ownership of the images and videos posted on this server is owned by the creator of the images and videos, thus a copyright strike cannot be initiated by this discord server as a community body, but rather by the one who posted and created the content.
- According to the 1994 c. 26 Trade Marks Act 1994 Part 1 Introductory, *`In this Act a “trade mark” means any sign capable of being represented graphically which is capable of distinguishing goods or services of one undertaking from those of other undertakings. A trade mark may, in particular, consist of words (including personal names), designs, letters, numerals or the shape of goods or their packaging.`* Thus the discord name is subjected to unregistered trade marks. *`A registered trade mark is a property right obtained by the registration of the trade mark under this Act and the proprietor of a registered trade mark has the rights and remedies provided by this Act.`* But due to the lack of regislation of this discord name as a trademark in UK, it is not subjected as registered trade marks. At the same time, *`No proceedings lie to prevent or recover damages for the infringement of an unregistered trade mark as such`*, thus the discord name of this server is not capable to suing and proceedings for the infringement of it.
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