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Idaho Copyright Questions & Answers
1 Answer | Asked in Copyright, Intellectual Property and Trademark for Idaho on
Q: Can you take a digital product on Teachers Pay Teachers with the name Science of Reading in it?

I have a product that saids Decodable booklets | Science of Reading Aligned

James L. Arrasmith
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answered on Dec 28, 2023

When creating and selling digital products on platforms like Teachers Pay Teachers, it's important to be mindful of copyright and trademark laws. If you're using the phrase "Science of Reading" in your product title, such as "Decodable booklets | Science of Reading... View More

3 Answers | Asked in Copyright, Intellectual Property and Trademark for Idaho on
Q: How will trademark/copyright law affect my existing Facebook page as I separate from an association I worked for?

I managed a construction industry training program for installers. We marketed training, coordinated venues & delivered the training. I used a Facebook page I started for the purpose. This was approved and accepted by association for 15 years. I took pictures of classes, students with their... View More

James L. Arrasmith
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answered on Apr 6, 2023

Under trademark and copyright law, ownership and use of intellectual property such as logos, names, and images can be a complex issue when it comes to social media accounts like Facebook pages.

If the Facebook page you created for the construction industry training program included any...
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3 Answers | Asked in Copyright, Intellectual Property and Trademark for Idaho on
Q: How will trademark/copyright law affect my existing Facebook page as I separate from an association I worked for?

I managed a construction industry training program for installers. We marketed training, coordinated venues & delivered the training. I used a Facebook page I started for the purpose. This was approved and accepted by association for 15 years. I took pictures of classes, students with their... View More

N'kia (NLN)
N'kia (NLN)
answered on Apr 3, 2023

Generally, if an employee's creative works constitute "work made for hire," those works belong to the employer. Then the employer has the right to use (and control the use of) the works. However, an attorney would need some pretty specific information to be able to determine which... View More

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2 Answers | Asked in Copyright, Animal / Dog Law and Intellectual Property for Idaho on
Q: Can I legally sell an image I took of a friends cow without their written consent or do I need a property release?

I took photos of a friends cows about 3 years ago. Last week discovered that she was trying to sell my images on Etsy. When I asked her not to she then proceeded to tell me I am not allowed to sell images of her cows, that she has never given me permission. Do I need a property release from her if... View More

Robert E. Wasserman
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Robert E. Wasserman
answered on Jan 24, 2023

Yes, you can legally sell the photographs. The practical enforcement of your copyrights, however, is a bit more complex. Recording a collection of a work of photographs with the U.S. Copyright Office should provide you with a useful tool to swiftly remove infringing articles from major online U.S.... View More

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1 Answer | Asked in Copyright and Construction Law for Idaho on
Q: We contracted with a developer to design spec homes for their development which they would build. Not doing so

Developer is having financial issues and has begun selling our drawings to buyers of their lots and allowing them to bring in their own construction company to build house. This was not our agreement. We have no control over the construction phase using our drawings which may or may not be latest... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Jun 15, 2022

Check your contract. Depending on your payment, you may have released your rights to the other company.

You may have the right to contract independently with the home owners.

Consult with an attorney.

1 Answer | Asked in Copyright and Trademark for Idaho on
Q: Can I print t-shirts with the phrase “Just Do It”?
Marcos Garciaacosta
Marcos Garciaacosta
answered on Jan 31, 2021

No

Please consult with an attorney

1 Answer | Asked in Copyright and Criminal Law for Idaho on
Q: Idaho if I sent provocative pictures of myself in bra and underwear or a sexy lingerie to my spouse then we break

Is it legal for them to post it on Facebook. It technically doesnt show the actual private part but pretty close. Or when i sent it to them thru text was that consent enough.

Kevin M Rogers
Kevin M Rogers
answered on Jan 15, 2021

Your ex is committing a felony in Idaho, called Video voyeurism.

Idaho Code says:

A person is guilty of video voyeurism when:

(a) With the intent to annoy, terrify, threaten, intimidate, harass, offend, humiliate or degrade, he intentionally disseminates, publishes or sells...
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1 Answer | Asked in Copyright for Idaho on
Q: I took a photograph of a planter pot. With basil that is mass produced can put it on my blog

I just wanted to do a informative post about plants. The pot is just a big part of my photo I wanted to make shure it was fair use they dont give any one permission to take photos I bought the pot my self but is it considered a prop

Barbara Berschler
Barbara Berschler
answered on May 2, 2020

Is there something distinctive about the pot that makes you worry? If it has trademarks or other brand related markings, you may wish to see how best to remove those. For example, are you able to edit the photograph so that the pot is not prominent? Can you make the pot portion of the photograph... View More

1 Answer | Asked in Copyright for Idaho on
Q: Are the words "Flux Capacitor" copyrighted?

I wanted to use the words for a college poster project that will only be seen by the teacher

Marcos Garciaacosta
Marcos Garciaacosta
answered on Apr 10, 2020

You probably mean Trademarked.

It will depend on what you plan to use it.

If it is an internal project, not in commerce, your risk is rather low.

Consult an attorney.

1 Answer | Asked in Copyright for Idaho on
Q: How can I sell an instructional video of choreography to a high school without copyright issues?

I am a choreographer that creates competitive shows for High school dance teams and color guards. These groups learn their show to a specified piece of music and compete within the US to that music during a season. Usually they perform the show 5-10 times and make no money off of this. They... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Mar 26, 2020

For the music, depending on which you do, you could get a license from the recording copyright holder.

Check the manager of the rights, there are agencies that focus on that.

They offer different pricing depending on the use.

Once you have that, assuming no other IP issues,...
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1 Answer | Asked in Cannabis & Marijuana Law and Copyright for Idaho on
Q: Can I take the trade mark Hemp Hemp Hooray from original filing person? TM shows as being abandoned.

Will you please Google this to see what I'm seeing?

Robyn T. Williams
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answered on Feb 11, 2020

You cannot "take" a trademark from the mark owner if it is still being used in commerce as a source identifier, regardless of the federal registration status. Applying for and being allowed a federal registration does not automatically prohibit a mark owner from opposing registration,... View More

1 Answer | Asked in Copyright and International Law for Idaho on
Q: Battle Angel Alita created in Japan 1990 Epic Stone Group registered "Battle Angel" 2012, sued Fox Studios 2019, valid?

This seems odd that a pre-existing property that pre-dates this copyright registration by an American company would be at any risk for legitimate lawsuit. How can an existing intellectual property be registered to a company whom has no legal contract or agreement with said owners, and furthermore... View More

Griffin Klema
Griffin Klema
answered on May 3, 2019

You ask a very interesting question, but unfortunately, it is laden with too many factual issues to provide a clear answer. Your best bet is to study copyright infringement, and when derivative works are insufficiently indistinct from the original source material. There might also be contractual... View More

1 Answer | Asked in Business Law and Copyright for Idaho on
Q: Is it illegal to create and sell shirts that say "Engorgio" (a spell) and have the deathly hallows Harry Potter symbol?
Michael Hales
Michael Hales
answered on Apr 11, 2019

You're probably fine with the word engorgio, but once you include any symbols from Harry Potter, you'll run afoul of trademark laws.

1 Answer | Asked in Copyright, Intellectual Property, DUI / DWI and Products Liability for Idaho on
Q: Do officers have to release my intellectual property (images) after car is impounded? Can they hold them from me?

I was pulled over for having a license plate light out and issued a DUI. I was not arrested but car was towed and impounded, and later searched. I have contacted them several times about getting my hard drives and computer out of the car because I am a professional photographer and I'm already... View More

Peter N. Munsing
Peter N. Munsing
answered on Jul 25, 2018

Contact an attorney experienced in DUI in the county where you are charged. You'll need him for the DUI and she can advise you on this aspect. They'll work out payments.

1 Answer | Asked in Copyright for Idaho on
Q: Is it against the law to have the intent to steal copyrighted or patented information.
Morgen Bowers
Morgen Bowers
answered on Jan 29, 2018

Generally speaking, if it is just one person who has not do anything in furtherance of actually stealing, then no, it isn't illegal -- i.e. it isn't a illegal to just have the idea in your head, you have to take some sort of action to accomplish the goal (e.g. downloading or copying the... View More

1 Answer | Asked in Copyright for Idaho on
Q: Is content individuals post on social media sites copyrighted?
Michael Hales
Michael Hales
answered on Dec 15, 2017

I was recently addressing this very issue in my business law class. The short answer is yes, anytime content is put down in a tangible medium, including social media, it receives copyright protections. The interesting twist is that some social media sites have tried to claim that they hold the... View More

1 Answer | Asked in Copyright and Intellectual Property for Idaho on
Q: is posting an article from another webpage with a link to that page, copyright infringement?

If yes, what kind of damages can i expect?

Will Blackton
Will Blackton
answered on Apr 26, 2017

Yes, that sounds like copyright infringement. Statutory damages for copyright infringement range from $750-$150,000 if the work was registered with the U.S. Copyright Office before infringement or within three months of the creation of the work. In order to get a better idea of what is a... View More

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