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Questions Answered by Kathryn Perales
1 Answer | Asked in Copyright for Texas on
Q: I'm publishing my first book. I registered with US Copyright Office. Do I need an international copyright ?

The company publishing/editing my book states I need an international copyright and they are trying to sell me one for $1,100 for a lifetime copyright. I have registered and submitted my book to the US Copyright Office with a receipt as follows:

The following files were successfully... View More

Kathryn Perales
Kathryn Perales
answered on Dec 14, 2020

Yes, it sounds like an upsell. Most US authors only register in the US. Are there certain countries where you intend to market your book, and you are particularly concerned that you might have a large audience there, and it might be extensively copied there? If not, tell your publisher no thank... View More

4 Answers | Asked in Employment Law and Intellectual Property for Florida on
Q: Will the employer own my unfinished product?

I am looking at accepting employment for software development at a company that has a intellectual property clause. stating "Any invention, discovery, development, concept, idea, process or work related to our Company’s business no matter what form it takes, whether or not it can be patented... View More

Kathryn Perales
Kathryn Perales
answered on Dec 14, 2020

If this is important to you, then you should discuss the specifics with the company before you accept employment and sign any paperwork. Perhaps they will waive their rights in your project. If you start to work for them without an agreement about this prior project, then it could turn into a... View More

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1 Answer | Asked in Copyright and Intellectual Property for Texas on
Q: I've come up with an ENTIRELY new art form and want to protect myself from other people taking the idea.
Kathryn Perales
Kathryn Perales
answered on Dec 11, 2020

In order to get an answer to this question, you'll need to have a confidential consultation with an intellectual property attorney, so that you can describe what you mean. Your innovation/idea may be protectable by patent, copyright, contract or other types of law, or it may not be legally... View More

2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Indiana on
Q: How do I know if I need to patent an excel spreadsheet graph?

I just created a graph this afternoon around 1:00pm with my name and date in the bottom corner that really impressed my professor who is a doctor in medicine. After getting off the phone with my father, he suggested I reach out and see if this is something that I could patent. Is there any way... View More

Kathryn Perales
Kathryn Perales
answered on Dec 4, 2020

A spreadsheet graph is not generally the kind of thing that can be patented. If you think it is truly new and innovative, I encourage you to consult privately with a patent attorney. Be prepared to explain it thoroughly, and keep in mind that your 1-year time limit for patenting already started... View More

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2 Answers | Asked in Copyright and Intellectual Property for Wisconsin on
Q: Is it illegal to mark a photo containing a restaurant logo with a CC0 license?

I'm working on some open-source exercises for Russian language students, and for an alphabet-related exercise it would be very helpful to display pictures of Russian signs with English cognates that beginner students can read easily. However, I'm unsure of the legal implications of using,... View More

Kathryn Perales
Kathryn Perales
answered on Dec 2, 2020

Here, you are describing the intersection of copyright and trademark law. While it would be trademark infringement to open your own restaurant called Burger King, or to sell a hamburger wrapped up in a wrapper that says Burger King, you certainly can take a picture of a Burger King restaurant and... View More

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2 Answers | Asked in Copyright, Entertainment / Sports and Gaming for Texas on
Q: I’m looking to become a Twitch Streamer and for my logo I am looking to use Mighty Morphin Power Rangers symbol can I?

For my logo I’d like to incorporate the Mighty Morphin Power Rangers lightning symbol but don’t know if I can because I don’t know if it is copyrighted/ trademarked.

Kathryn Perales
Kathryn Perales
answered on Nov 24, 2020

This is an interesting question because SCG Power Rangers LLC abandoned one of its Power Rangers registered trademarks (which includes the lightning symbol) back in 2017. Whether or not you can use a trademark without getting in trouble depends on several factors, which can sometimes be clear cut... View More

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1 Answer | Asked in Intellectual Property on
Q: IP (Work For Hire/Moral rights) Who is the author of the work? And whom credits to be given for the work?

SCENARIO:

3 designers worked on a project where they were assigned to design an electric boat. They all agreed to work for a client based in Norway for 3 months at 7k euro fee. Later due to extraneous circumstances, the project timeline was extended to 9 months. The extra 6 months fee was... View More

Kathryn Perales
Kathryn Perales
answered on Nov 16, 2020

This is a mess. It sounds to me like you need a lawyer licensed in Norway to sort it out. It is of course possible for the designers and the client to negotiate whatever agreement they can all agree to. Failing that, you need advice about breach of contract and intellectual property law in... View More

2 Answers | Asked in Copyright for California on
Q: I'm making a series featuring some Disney Pixar characters, and I want to host a private website to show off my ideas.

Of course, drawings of the characters will be featured (looking how they do in the movies so you get the feeling you're really watching the show, but it's my own art, I'm not selling it, and VERY FEW people will see this, it's a private site, remember), so, despite this just... View More

Kathryn Perales
Kathryn Perales
answered on Nov 7, 2020

What you're describing is clearly copyright and trademark infringement, and Disney is well known for coming after infringers. I wouldn't invest too much money in the project, if I were you. You do see Pixar fan fiction on the internet, and Disney doesn't seem to be too concerned... View More

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2 Answers | Asked in Copyright for New York on
Q: Can usage of the same illustrator for a book of a similar topic be considered a copyright infringement?

Dear Sir or Madam,

I'm an author of a children's book that was illustrated as "work for hire" by a freelancer. I got contacted by an author of another book who complains that I would be infringing her copyrights because my book has the same illustration style. The story... View More

Kathryn Perales
Kathryn Perales
answered on Nov 3, 2020

The way you describe it, it sounds like there is no infringement and you have nothing to worry about. Understand, however, two things: there are 2 sides to every story, and this person has the power to sue you and cause you to run up all kinds of expenses and costs, even if they don't... View More

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2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Ohio on
Q: Are the drawings in a patent also public domain when a patent is expired, or is there a copyright attached limiting use?

I'd like to print and sell drawings from expired patents as art pieces. Is this legal?

Kathryn Perales
Kathryn Perales
answered on Sep 3, 2020

Drawings included in a published patent application are in the public domain, under long standing US law. In the unlikely event that a copyright notice is included on the patent drawing in the patent application, you should look twice. But, in most cases you can do whatever you want with... View More

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1 Answer | Asked in Copyright, Patents (Intellectual Property) and Trademark for Wisconsin on
Q: Is the Audubon Bird images in public domain?
Kathryn Perales
Kathryn Perales
answered on Aug 31, 2020

The original paintings by John James Audubon are old enough that they are in the public domain. Any other photos or paintings or drawings, however, which may be available through the Audubon Society, may not be in the public domain.

1 Answer | Asked in Trademark for California on
Q: Is an informational app about menu items at a coffee chain allowed to use the trademarked names of drinks sold there?

I have an app that lists information about menu items from a coffee chain with over 400 store locations in the US. Specifically it lists the officially recognized name of the drink that you can order, what flavors are in it, a brief description, and the various ways you can order it (americano,... View More

Kathryn Perales
Kathryn Perales
answered on Aug 24, 2020

Sounds like you're on the right side. If you're being clear to your readers and app users that you are not this coffee chain, and that they don't endorse you, and you're not selling coffee, then you're not violating their trademark. You are allowed to talk about... View More

3 Answers | Asked in Copyright, Intellectual Property, Patents (Intellectual Property) and Trademark for Texas on
Q: Can someone patent, trademark, or copywrite their first, middle, and/or last name?
Kathryn Perales
Kathryn Perales
answered on Aug 19, 2020

No, you can't copyright your name. Names, titles, and phrases are too short to merit copyright protection.

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1 Answer | Asked in Intellectual Property for New York on
Q: I have a novel use for a product that’s been out for years Is that patentable?
Kathryn Perales
Kathryn Perales
answered on Aug 13, 2020

Without knowing more, I'd say that it is unlikely but possible. If your invention doesn't change and improve an existing thing, then you'd only be looking at patenting a method to do something useful or to make something. If the method of using the existing thing is new, useful and... View More

1 Answer | Asked in Copyright and Intellectual Property for Michigan on
Q: Michigan: copyright question regarding rewriting of scientific articles in simple language

Hi, student from Michigan. I'm considering starting a nonprofit project where we rewrite published free, publicly accessible scientific articles in simple language and re-publish them on the Web through our own website (freely available of course). I was wondering whether this counts as fair... View More

Kathryn Perales
Kathryn Perales
answered on Aug 5, 2020

I would say no. Best to get permission from the authors before doing this. They might appreciate your efforts.

1 Answer | Asked in Business Law, Copyright and Trademark for Michigan on
Q: Can I use an acronym like G.O.A.T. in my business marketing materialand website? Or can someone actually trademark this?

The name of my business is GOAT Nails and I am wanting to make sure it is ok for me to use the acronym G.O.A.T.throughout my website.

Kathryn Perales
Kathryn Perales
answered on Aug 5, 2020

Interesting question - I would have thought that G.O.A.T. (greatest of all time) would be too generic to trademark, but I see that some people have successfully done it. You should check the TESS database (tess2.uspto.gov) to search for all of the US registered trademarks with the word GOAT in... View More

1 Answer | Asked in Patents (Intellectual Property) for New York on
Q: What is the class of US patent for anchor support of underground structures
Kathryn Perales
Kathryn Perales
answered on Aug 5, 2020

You can research this yourself at https://www.uspto.gov/web/patents/classification/

Use different keywords to research your invention - you may find more than one class that makes sense.

Keep in mind that regardless of what class you think your invention comes under, the patent...
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2 Answers | Asked in Intellectual Property on
Q: What resources(products/works created by others) in the public domain can be used freely for commercial purposes?

(excluding books, photos, video)

Kathryn Perales
Kathryn Perales
answered on Aug 3, 2020

If something is truly in the public domain, then it can be used by anyone for any purpose. The trick is being able to tell for sure whether the work you want to copy is truly in the public domain.

You can find a definition of the types of "works" that are protected by copyright...
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1 Answer | Asked in Trademark for Minnesota on
Q: Can a logo from a free site that we customized be trademarked? Another company used the free site and the same logo....

We customized the logo (colors, and words) and the other company just used the stock logo without customizing it from the free site and are trying to send us a letter in the mail from a lawyer saying we have two months to change our logo. We purchased it and have the rights to use for our business... View More

Kathryn Perales
Kathryn Perales
answered on Jul 21, 2020

Well, it depends. If this other company has registered a trademark for the logo for the same or similar goods or services that you are using your similar logo for, such that consumers would be confused between the logos, then you've got a problem. On the other hand, if the other company... View More

2 Answers | Asked in Patents (Intellectual Property) for Arizona on
Q: Where do I present my provisional patent for school bus

It's a safety system for school buses

Kathryn Perales
Kathryn Perales
answered on Jul 6, 2020

You can learn more about filing a provisional patent application at uspto.gov - there are many resources for inventors there. If you wish to do this yourself, you can use efs-web as an unregistered e-filer. Your documents should be in pdf format. Look into the requirements for micro or small... View More

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