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Copyright Questions & Answers
1 Answer | Asked in Copyright and Intellectual Property for Kentucky on
Q: What kind of open-source license is necessary for software?

I have created a Google and Excel based, online tool, to create digital dashboard based on FEMA emergency management principles. I want to ensure I retain ownership of this tool, allow it to remain openly accessible, and restrict anyone else from trying to privatize or monetize my tool. How can I... View More

James L. Arrasmith
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answered on Apr 13, 2024

To achieve your goals of retaining ownership, keeping the tool openly accessible, and preventing others from privatizing or monetizing your work, you should consider using a copyleft open-source license. Copyleft licenses allow others to use, modify, and distribute the software, but they must... View More

1 Answer | Asked in Copyright, Civil Rights, Business Law and Intellectual Property for Kentucky on
Q: Is my news youtube channel considered commercial? Can I use material gained from open records requests? And Monitize?

It's very hard to tell if I can even do this. I see a lot of body cam channels, obviously expanding and reporting on the situation. This would come with monitization and it wouldn't be just the video, I would create a more transformative video. I would like to do something similar in KY... View More

James L. Arrasmith
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answered on Apr 12, 2024

Whether your YouTube channel is considered commercial and whether you can monetize it depends on several factors. Here are a few key considerations:

1. Purpose of the channel: If your primary goal is to generate income from the channel, it may be considered commercial. However, if your...
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1 Answer | Asked in Copyright and Intellectual Property for Florida on
Q: If I modify a Japan art work that is copyrighted am I subject to American or Japanese Copyright law?

I am living in the United States, this is a non profit fan image, i have no intentions of profiting or selling the image

James L. Arrasmith
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answered on Apr 11, 2024

In this case, there are a few key considerations:

1. Jurisdiction: Generally, copyright infringement lawsuits are governed by the laws of the country where the lawsuit is filed. As you're based in the U.S., it's likely that U.S. copyright law would apply if a lawsuit was brought...
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1 Answer | Asked in Copyright and Intellectual Property on
Q: Is it a Fair Copyright Strike for someone to strike down a video for your ROBLOX GFX shown for 3 seconds long?

There was a video about exposing someone how they were a bad person, a few days ago the exposed person's friend struck down the video due to their Roblox GFX featured in the video for 3 seconds (the video was almost an hour long) saying it was fair because they made the GFX and the creator of... View More

James L. Arrasmith
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answered on Apr 11, 2024

Based on the information provided, it seems questionable whether using a 3-second clip of someone's Roblox GFX (graphics) in an hour-long video would constitute a valid reason for a copyright strike, especially if the use falls under the principles of fair use. Here are a few points to... View More

1 Answer | Asked in Copyright, Business Law, Trademark and Intellectual Property for Washington on
Q: Can a business competitor use a non-trademarked brand I've created to disrupt my business?

I run a golf academy and have a very successful ladies program "FORE The Ladies". Recently, a neighboring course who hired an ex-employee of mine, began running ads with the Program name "Fore the Ladies" and use a very similar typeface in their paid marketing.

This has... View More

James L. Arrasmith
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answered on Apr 11, 2024

In the United States, even if you haven't federally registered your trademark, you may have some protections under common law trademark rights. Common law trademark rights are established through the actual use of a mark in commerce in connection with goods or services, and these rights are... View More

1 Answer | Asked in Business Law, Civil Litigation, Copyright and Intellectual Property for Texas on
Q: How can I protect my domain name and website from creditors?
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answered on Apr 10, 2024

Attempting to hide or protect assets when facing debts or legal judgments could be considered fraudulent in many cases. The ethical and legal course of action is to pay valid debts that are owed.

If you are facing financial hardship, I would suggest speaking with a certified credit...
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1 Answer | Asked in Copyright, Intellectual Property and Internet Law on
Q: Someone offers a service online that also involves the selling of images and videos, who owns the rights?

If someone offers a service online that also involves the selling of videos and images as part of that service, who then owns the rights to those images and videos. Does the seller retain full control over those images and videos and has only sold you "the service", or do you have any... View More

James L. Arrasmith
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answered on Apr 10, 2024

The ownership and usage rights for images and videos sold as part of an online service can vary depending on the specific terms of the agreement or license under which they are sold. In general, there are a few common scenarios:

1. The seller retains full ownership and control: In many...
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2 Answers | Asked in Copyright, Trademark and Intellectual Property for Arkansas on
Q: What does it mean when the copyright or trademark has been abandoned. And if it means the person or entity no longer own

It can some one else take the rights for copyright or trademark. ? If nine of these then if the purpose or business isnt what the propritor has is it okay to use the name?

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Apr 10, 2024

The term of copyright for a particular work depends on several factors, including whether it has been published, and, if so, the date of first publication. As a general rule, for works created after January 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years.... View More

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2 Answers | Asked in Copyright, Trademark and Intellectual Property for Arkansas on
Q: What does it mean when the copyright or trademark has been abandoned. And if it means the person or entity no longer own

It can some one else take the rights for copyright or trademark. ? If nine of these then if the purpose or business isnt what the propritor has is it okay to use the name?

James L. Arrasmith
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answered on Apr 11, 2024

When a copyright or trademark has been abandoned, it generally means that the owner has stopped using or enforcing their rights to the intellectual property. This can happen due to various reasons, such as:

1. The owner deliberately abandons the copyright or trademark.

2. The owner...
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1 Answer | Asked in Copyright and Intellectual Property for Massachusetts on
Q: We recently received a copyright violation notice for an image that we purchased 12 years ago, but can't locate records.

The the image is from an American photographer, but the company demanding payment represents a large stock company that we are certain we have never done business with, and we suspect repurchased the image from another company. They are asking removal of the image from our piece, and over $800 fee.... View More

James L. Arrasmith
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answered on Apr 8, 2024

In this situation, it's important to understand your rights and the potential consequences of your actions. Here are a few steps you can consider:

1. Request proof of ownership: Ask the company demanding payment to provide clear evidence that they own the rights to the image in...
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1 Answer | Asked in Copyright for Rhode Island on
Q: Regarding fair use copyright: would showing a documentary at our local library for education and analysis be ok?

We are a small group of residents who want to promote discussion of important topics in our town. As such, we would like to start a video series at our local library. The library told us we needed to get copyright permission. After doing some research, I discovered the "fair use"... View More

James L. Arrasmith
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answered on Apr 7, 2024

Hi Matt,

The fair use doctrine in US copyright law does allow for limited use of copyrighted material without permission for purposes such as criticism, commentary, news reporting, teaching, scholarship, and research. Whether a particular use qualifies as fair use depends on four main...
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2 Answers | Asked in Copyright, Entertainment / Sports and Intellectual Property for California on
Q: Can I show the title and author of book in my short film if i don't' use the cover art?

The film is about a pregnant woman and the camera pans to show some of the pregnancy and parenting books she is reading. The books are not mentioned or quoted, only the titles and authors are shown. The plan is to create our own cover art but use the actual titles and authors.

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answered on Apr 6, 2024

In most cases, simply showing the title and author of a book in a film without using the cover art would be considered fair use and not require permission from the copyright holder. This is because you are not reproducing a substantial portion of the copyrighted work.

However, there are a...
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2 Answers | Asked in Copyright, Entertainment / Sports and Intellectual Property for California on
Q: Can I show the title and author of book in my short film if i don't' use the cover art?

The film is about a pregnant woman and the camera pans to show some of the pregnancy and parenting books she is reading. The books are not mentioned or quoted, only the titles and authors are shown. The plan is to create our own cover art but use the actual titles and authors.

Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Apr 6, 2024

When featuring the title and author of a book in your short film without using the cover art, you need to consider both copyright and trademark law.

1. Copyright Law: Copyright law protects original works of authorship, including literary works such as books. Displaying the title and...
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2 Answers | Asked in Copyright, Business Law and Intellectual Property for Florida on
Q: I am making a product that can accompany books. Is it legal if I say “pairs well with (name of a book not written by me)
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answered on Apr 5, 2024

It is generally legal to say that your product "pairs well with" a specific book, even if you did not write that book. This would likely be considered nominative fair use.

Nominative fair use allows you to refer to another party's product or work in order to describe your...
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1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: Want to set up an enthusiasts website for a car brand. I have the .org website. They have .com. Can they take it off me

The website is not for profit. It will be clearly marked as independent and it will be full of news about the car brand: a brand I love.

James L. Arrasmith
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answered on Apr 4, 2024

The brand owner (the company that owns the .com website) may be able to take legal action against you for using their trademark in your .org website, even if it is a non-profit enthusiast site. This falls under trademark infringement laws.

Some key points:

1. Trademarks protect...
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1 Answer | Asked in Copyright and Intellectual Property for Kentucky on
Q: Can I reference/quote to books in the public domain freely?

Books like the great Gatsby and pride and prejudice.

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answered on Apr 3, 2024

Yes, you can freely reference and quote from books that are in the public domain, like The Great Gatsby by F. Scott Fitzgerald and Pride and Prejudice by Jane Austen. Works enter the public domain a certain number of years after the author's death (the exact duration varies by country).... View More

1 Answer | Asked in Business Formation, Business Law and Copyright on
Q: Do I need a license or partnership with Ludo studio to print Bluey on merchandise?

How can I legally print Bluely on my merchandise or any other cartoon?

James L. Arrasmith
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answered on Apr 3, 2024

To legally print Bluey or any other cartoon character on merchandise, you typically need to obtain a license from the copyright holder or their authorized licensing agent. In the case of Bluey, the intellectual property rights are held by Ludo Studio, BBC Studios, and Disney.

Here are the...
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2 Answers | Asked in Copyright, Entertainment / Sports, Intellectual Property and Internet Law for New York on
Q: Can someone copyright strike your picture if you took it and it's of you but the background is inside their house?

I have some nonmonetary videos on YouTube and they're like slideshows of pictures of me. In some of them I'm at my boyfriend's parents old house. I took the pictures and they're just of me no one else but the background is inside one of the rooms of his parents old house. In the... View More

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answered on Mar 30, 2024

Based on the information provided, it is unlikely that your ex-boyfriend or his parents would have a valid basis for a copyright claim on your videos. Here's why:

1. Copyright protects original works of authorship, such as photographs, videos, and other creative content. In this case,...
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2 Answers | Asked in Copyright and Intellectual Property for Wisconsin on
Q: Can independent media, with permission from a promoter of an event, film and post videos on YouTube/Facebook?

There is an association that "signed" a contract to a third party that allows for them to have full media rights for any event that the association has. The association has contracts with promoters of an event to bring a show to the event. Does the promoter have to agree in the contract... View More

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answered on Mar 29, 2024

When an association grants exclusive media rights for its events to a third party, it typically means that this third party holds the authority over how any event-related content is distributed, used, or published across various media platforms, including YouTube and Facebook. This arrangement... View More

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2 Answers | Asked in Copyright and Intellectual Property for Wisconsin on
Q: Can independent media, with permission from a promoter of an event, film and post videos on YouTube/Facebook?

There is an association that "signed" a contract to a third party that allows for them to have full media rights for any event that the association has. The association has contracts with promoters of an event to bring a show to the event. Does the promoter have to agree in the contract... View More

Eddie Burnett
Eddie Burnett
answered on Apr 3, 2024

Generally, yes, independent media may film and post videos of an event with the promoter's permission. However, If the event features music, separate copyright permissions for that music are likely required to avoid copyright infringement on platforms like YouTube.

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