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Colorado Copyright Questions & Answers
2 Answers | Asked in Copyright for Colorado on
Q: I own an old book by Enos Mills. I'm using it inspire a new story. Last copy right was 1939. How can I do this legally?

The original book has many stories in it. One is about beavers that I'm using to write a children's book. I'd like to use some of his words verbatim but I'm not sure if that's legal. The children's story summarizes that original work. All artwork will be done by me. I... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Nov 20, 2021

You need to consult with an attorney to understand your options.

Depending on how you use the material, how much, when the copyright expires, etc. you may have some legal right to do it.

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1 Answer | Asked in Copyright and Trademark for Colorado on
Q: Hello, is the story of Kong in the public domain? I have heard King Kong and Kong are separate entities can anyone help?

I am an author and I have been considering creating a story based on Kong, using all of the Kong properties such as the character of Kong himself, skull island, and the things related to the original 1933 story. From what I understand Universal Studios own the rights to the character King Kong, but... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Aug 15, 2021

Interesting question. You need to consult with an attorney to evaluate your options.

It is possible that parts of the story are now or soon in public domain. BUT you need to be careful on what you use. Just because something is in the public domain, if you copy somebody's else...
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1 Answer | Asked in Copyright for Colorado on
Q: I bought a domain I found content from 5 1/2 years ago when someone else let it sit dormant. Can I use that content?

The only copyright on the bottom of the old site was for the domain name which I now own.

Marcos Garciaacosta
Marcos Garciaacosta answered on Jul 16, 2021

It will depend if the content is unique or generic.

You must consult with an attorney

1 Answer | Asked in Copyright, Sexual Harassment and Criminal Law for Colorado on
Q: What can I legally do if someone sends themselves naked photos of me without my consent?
Marcos Garciaacosta
Marcos Garciaacosta answered on Jul 11, 2021

Talk to the Police and an attorney!

1 Answer | Asked in Copyright for Colorado on
Q: Hello, I am looking for legal advice on a business I would like to start. The business is purchasing pictures of

professional athletes online, photoshopping them into a cartoon, then reselling them on a canvas through Etsy.

Since I plan to use pro athlete photos from the NFL, NHL, NBA, MLB, MMA, NASCAR, etc.... I have a few questions.

1) What type of license to I need from the photo creator... Read more »

Tania Maria Williams
Tania Maria Williams answered on Jul 15, 2020

Using the name of the team is likely trademark infringement. Using the athlete's likeness could run you into issues with the right of publicity because you're using it for a commercial purpose. The photo does belong to the photographer or the organization if they licensed it and while... Read more »

1 Answer | Asked in Copyright and Intellectual Property for Colorado on
Q: I want to know about data scraping and possible copyright infringement.

I want to create a social app for people that collect things, but I need public data to do it. For instance, this site http://www.tycollector.com/beanies/beanie-roster.htm has a list of all beanie babies and info about them. I need the data so collectors can id their items. They would be able to... Read more »

John B. Hudak
John B. Hudak answered on Jun 10, 2020

Copyright related to compilations of data is a specific area of copyright law and analysis of the exact list and estimations of the mental effort and transformation to the underlying facts in the list may be part of the analysis. If you are doing research on your own, and want a potential starting... Read more »

2 Answers | Asked in Copyright, Intellectual Property and Trademark for Colorado on
Q: I am designing shoes and named one pair Kill Bill. Could I get in trouble for trademark infringement?

It would be helpful if you could guide me to some resources to prevent copyright/trademark infringement with my designs and names for shoes.

John B. Hudak
John B. Hudak answered on Jun 10, 2020

When doing research about trademarks and copyrights look at uspto.gov and copyright.gov.

You can search for trademarks on TESS. Your trademark search should include more than TESS.

Consider hiring an intellectual property attorney to do a full analysis of the facts specific to...
Read more »

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1 Answer | Asked in Copyright and Intellectual Property for Colorado on
Q: How can I tell if what I’m selling violates any intellectual property infringements? I sell themed diaper cakes I make

Star Wars , a Harry Potter and other trademarked characters or brands used to make a baby shower gifts I sell. I want to make sure I don’t get sued or violate any trademark, copyrights, etc

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 10, 2020

You can always be sued.

Most big companies decide not to go after small guys, specially if it is in the fan realm like in Comicon.

You do not have zero risk, you are at the mercy of what the owners want to do.

1 Answer | Asked in Consumer Law, Contracts, Copyright and Employment Law for Colorado on
Q: Hello, I want to know if I can create an app that gives people dating advice & helps them update their profiles?

I was wondering if it’s illegal to create an app that gives people dating advice, as well as help people get their online profiles up to date and make them more presentable for the type of person that they’re looking for. I would state that I’m not a therapist or anything like that. But was... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 18, 2019

If you undertake this plan without having the input of at least two lawyers you will probably regret it. This situation is one that brings to mind the ancient warning: "If it looks too good to be true, it probably isn't."

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Colorado on
Q: How do u find out if someone has a patent on a wooded kite?
Kevin E. Flynn
Kevin E. Flynn answered on Jun 17, 2018

The only way to know is to search. Even if you search you may have some small risk that a patent application is ahead of you in the pipeline but is not visible yet. However, searching is the commercially reasonable way to reduce your risk of running into a problem.

One strategy is to...
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1 Answer | Asked in Copyright for Colorado on
Q: Colorado private property courtyard movie legal if limited audio dist, video <, access, few invited friends & neighbors?

Could I tape off / guard entry access to a small apartment courtyard (outside), keeping volume below 'coherent & audible' levels to the sidewalk to watch a DVD that I own (non-public-license), not well-viewable from sidewalk, if I invite a few neighbors & friends (10 max) verbally... Read more »

John Espinosa
John Espinosa answered on May 7, 2018

Copyright law allows viewing of your DVD with family and a close circle of friends in a private setting, as long as they are not being charged for the viewing. Your proposal may or may not fit into that. Your choice to take the risk or not. Here is a helpful resource:... Read more »

2 Answers | Asked in Copyright and Intellectual Property for Colorado on
Q: Is taking back someones property because they haven't used it in months, without refunding legal?

hello i just wanted to clarify for someone about stealing and they wont listen to my and i need your help!

Theres a business going on where this account sells character for money, but there is a problem!

Their rules arent right, they're forcing people to agree to the rules... Read more »

John Espinosa
John Espinosa answered on May 5, 2018

The key here is whether the item in question is tangible or intangible. If it is tangible, like a book, painting, or the table in your example, then they can't restrict your right to that particular tangible item when they sell that item to you. However, if it is intangible like the rights to... Read more »

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2 Answers | Asked in Copyright for Colorado on
Q: How can I register my novel? I live in Colorado.

It is written in Spanish.

John Espinosa
John Espinosa answered on May 4, 2018

https://www.copyright.gov/registration/literary-works/index.html

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1 Answer | Asked in Copyright and Intellectual Property for Colorado on
Q: What kind of Permission do I need to use a song as the outline of my novel?

I just finished my first draft. To compose the climax of the story I used one of my favorite songs as an outline, as it fit perfectly with my tale. I did not use exact lyrics at all, and significantly expanded the story of the song. The narrative flow and sequence of events is the same, however.... Read more »

Benton R Patterson III
Benton R Patterson III answered on Apr 23, 2018

An attorney would need to review the song and the story to determine if one infringes the other. If so, you would need a license to create derivative works.

1 Answer | Asked in Copyright for Colorado on
Q: Can a church aka non-profit use copyright material under the Fair Use Act? I'm getting mixed answers.

Copyright material would include a brief video clip, a painting or a photo image.

Benton R Patterson III
Benton R Patterson III answered on Mar 27, 2018

It depends on how much of the content is used, the context of the use, and the original work. A copyright attorney would need to review your proposed work and the original work to determine if the new work is protected by fair use. Nonprofits are not automatically exempt from copyright... Read more »

1 Answer | Asked in Trademark and Copyright for Colorado on
Q: I'd like to reuse my published freelance articles for another site. Can I do that or is it plagiarism?

I started writing freelance for a company that paid $50/article through paypal. However, I never signed any contract stating copyright laws or even a contract saying they would continue to pay me. It was all through email and phone calls. Because I didn't sign a contract, I'd like to... Read more »

Benton R Patterson III
Benton R Patterson III answered on Jan 12, 2018

If you truly have no agreement with them covering the terms of your work, its fine to use your articles for different purposes. Before selling the articles, be sure that there are no terms restricting your rights. There may be a terms of use page or online agreement that you agreed to by... Read more »

1 Answer | Asked in Copyright for Colorado on
Q: I want to upload my original paid for copy of a digital book to my website and allow others to only view it.Is this ok?
Will Blackton
Will Blackton answered on Dec 8, 2017

If you're the author of the book and have retained all intellectual property interests in the writing, that's okay. If someone else is the author and you don't have a license to reproduce and display the book for that purpose, that's not okay.

1 Answer | Asked in Copyright and Intellectual Property for Colorado on
Q: Copyright troll lawsuit was voluntarily dismissed without prejudice. Can I start deleting files off my hard drive now?

Received a letter from their lawyer asking to settle and warning me not to delete anything on my computer. Last month he filed voluntarily dismissal without prejudice.

Benton R Patterson III
Benton R Patterson III answered on Nov 15, 2017

Probably so, but it would be best have an attorney review what you received from the copyright owner's attorney. A dismissal without prejudice means that the suit may be filed again.

2 Answers | Asked in Copyright and Patents (Intellectual Property) for Colorado on
Q: I'm looking for the "Potty Rider" patent

The website is vague but says it has a US patent. I have a slimier design but need to be sure im not violating any patent laws

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Jun 15, 2017

You can check the USPTO website. Be aware that the PTO may not list all pending patents.

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1 Answer | Asked in Copyright and Intellectual Property for Colorado on
Q: I have a collection of Old Farmer's Almanacs from the mid to late 1800s and I'm interested in selling reproductions.

My concern is that even though they're in the public domain, they are still published today using the same basic format and design. Can I legally reproduce the old versions? The Farmers Almanac website acts is if they own all of them in perpetuity.... Read more »

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Apr 29, 2017

There are other intellectual property rights involved here. These include trademark, trade name, trade dress, and potentially general unfair competition claims. All of these claims have no expiration date in which they become public domain (a concept that only applies to copyrights and patents).... Read more »

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