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New York Copyright Questions & Answers
1 Answer | Asked in Copyright and Trademark for New York on
Q: I’m an artist and custom paint on designer goods and resell them with my art work, is that trademark infringement?

Hello, I’m an independent artist and recently had my business page on Facebook shut down by Cartier for trademark infringement. I purchased a leather card holder from them, painted a design on it and sold it with my artwork. My sales post stated it was custom painted as well as on my website. My... Read more »

Erik Špila
Erik Špila
answered on Sep 8, 2022

Dear Mrs or Mr,

in my opinion you have assessed your case good and from information you have provided it seems like the exhaustion of trademark rights should apply in this case and therefore no trademark infringement shall be involved. However to answer you with more certainty, I would need...
Read more »

1 Answer | Asked in Copyright for New York on
Q: I am creating a tv show blog, may I upload trailers of the show and take pictures of it and post them on my blog?
Giselle Ayala Mateus
Giselle Ayala Mateus PRO label
answered on Aug 29, 2022

As long as you are uploading materials that are entirely yours, this means, that all pictures, sounds, and recordings are your creation, then, you should be fine. However, if any of those materials are protected by copyright and owned by someone else, it could be copyright infringement.

1 Answer | Asked in Copyright for New York on
Q: I want to write a book using the show "Brain Games." Do I need the show's permission, even if the show is on YouTube?
Giselle Ayala Mateus
Giselle Ayala Mateus PRO label
answered on Aug 29, 2022

It is unclear what you mean "using" the show. If you are doing a critique about the show or commenting about it, this could be considered fair use, and you would be free to write the book without doing much legal diligence. On the other hand, fair use requires more information and... Read more »

2 Answers | Asked in Business Formation, Business Law, Internet Law, Copyright and Trademark for New York on
Q: I have a DBA in NYC (advertising, marketing agency), and want to sell one of our services from a website for just that

Am I protected from having my new site's logo/idea/branding infringed upon?

The new name will be listed as a project of mine/my DBA on both websites.

Samuil Buschkin
Samuil Buschkin
answered on Aug 1, 2022

A d/b/a (doing business as) is simply an alternative trade name for a business. Different states have registration requirements for DBA's. A trademark protection or copyright protection are an entirely different issue. There is a process underlying the registration of a trademark or a... Read more »

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3 Answers | Asked in Copyright, Intellectual Property and Trademark for New York on
Q: Hello,What are all the legal Intellectual property suggestions to take so I can protect the name, logo, brand, etc.?

How do I create a lawsuit in the event of an infringement?

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Jun 21, 2022

I do not see a patent issue here. Your list of legal topics did not include trademarks which is most likely the form of intellectual property that you should consider. For purposes of providing an introduction to vocabulary and not as a source of legal advice -- you could start with... Read more »

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1 Answer | Asked in Copyright and Trademark for New York on
Q: Hello Lawyers. I have a question. Can someone copyright something if it looks like it a little?

Hello. I had some custom skins for planes made for my flight simulator. Half of the plane is black with a red outline at the end. Turns out a "company" that runs a virtual airline that has a copyright on their paint design in the flight simulator has kind of the same design, half of the... Read more »

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jun 18, 2022

The takedown was probably an assertion of trademark infringement, not copyright. (A tutorial on the difference is something you could get in a free consultation with an IP lawyer.)

If a prior user (owner) of a trademark (which could be a design of/on the goods) finds a confusingly similar...
Read more »

1 Answer | Asked in Copyright for New York on
Q: Hi, I received a email saying that one of the images I used on my blog was copyrighted and I have to pay 1400

Hi, I received a email saying that one of the images I used on my blog was copyrighted and I have to pay 1400 to avoid legal action. But the email seems suspicious Am i obligated to pay? What legal action would I face if I ignored it ?

Here’s the email:

Please understand that as a... Read more »

Steve Charles Vondran
PREMIUM
Steve Charles Vondran
answered on Apr 5, 2022

These letters can be legit despite them sometimes looking like spam or a scam. You should have a photo infringement law firm look the letter over. Before we ever advise our clients to pay we like to look at the whole situation such as (1) who is sending the letter (2) do they have the legal... Read more »

1 Answer | Asked in Copyright and Trademark for New York on
Q: Can I use the name if I have something I would like to sell on ebay that resembles the symbol?
Brandon M. Selinsky
Brandon M. Selinsky
answered on Apr 4, 2022

I could give you a better answer if I had some additional information. For now, I will assume that the thing you are selling on eBay is the product of another company. For the sake of discussion, I will assume that company is Nike. If you are selling something with the Nike Swoosh on it, you cannot... Read more »

1 Answer | Asked in Business Law, Copyright and Intellectual Property for New York on
Q: is it legal to use "corvette" in a new business dba?

It would be used for a printing company name, not an automobile name. My assumption is it can't be copyrighted or reserved as a general word since it is a type of ship of war in common parlance. Thank you,

Tom

Tim Akpinar
Tim Akpinar
answered on Mar 26, 2022

Your question remains open under the Business Law/Formation categories. At this point, you could try reposting and adding the following categories - Trademarks, Copyrights, Intellectual Property. "Copyright" is in the main menu. You'll see "Trademarks" and... Read more »

1 Answer | Asked in Copyright and Intellectual Property for New York on
Q: Advice on Response to a Cease and Desist Letter

I am an independent contractor providing creative services to my client. In our agreement, I included a section in which my client represents that all of their creative materials I may be using, modifying, repurposing, etc., are the property of my client OR that my client has permission to use... Read more »

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Mar 25, 2022

First you should bring to the client's attention that a dispute may exist regarding whether the materials from the former contractor are "works for hire", and ask whether the former contractor's engagement contained a written provision to that effect. Ask for a copy of that... Read more »

1 Answer | Asked in Copyright for New York on
Q: How do I sign up for copyright if I bought a copyrightable work on fiverr?

Hi I’m intending on creating a book and other copyrightable works on fiverr. I would be the buyer but I want to make sure I have all the rights to the works I am buying. How do I do that? Especially on the copyright.gov website?

Steve Charles Vondran
PREMIUM
Steve Charles Vondran
answered on Mar 12, 2022

This is a very important question. You always want to make sure when you buy something on Fiverr that you own the exclusive rights to the intellectual property created, and that the creator retains no interest in any projects done on your behalf. I have used Fiverr quite a bit and I will say it... Read more »

1 Answer | Asked in Contracts, Copyright, Business Law and Internet Law for New York on
Q: I am hiring a freelance to make an ad about the effectiveness of my vitamins. He says he is a Harvard graduate. If

it turns out he is not, am I liable? He comes from one of the largest freelance firms in US that list his credentials. I am in NYS

Marcos Garciaacosta
Marcos Garciaacosta
answered on Jan 20, 2022

It will depend on what you use his credentials for.

Consult with an attorney.

2 Answers | Asked in Copyright for New York on
Q: Are you allowed to use photos of other brands product on your website if you are just using it for reference?

This would be to show brands that a service offerings works with, not product it sells.

Robert Kost
PREMIUM
Robert Kost
answered on Dec 3, 2021

Are you doing the photography, or using someone else's photographs? If the latter, you will probably need permission from the photographer / owner of the photos.

If the former, there *may* be a copyright issue if the product being photographed is itself a graphic work, work of...
Read more »

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2 Answers | Asked in Copyright, Intellectual Property and Trademark for New York on
Q: What is the approximate cost of defending a trademark infringement ?

If an online seller got sued because of THE PARTNERSHIPS and UNINCORPORATED ASSOCIATIONS IDENTIFIED ON SCHEDULE A with more than 700 sellers. In these kind of cases, what is the approximate cost of defending the case for an Individual seller. As we understand fee might differ from Lawyer to Lawyer,... Read more »

Linda Liang
Linda Liang
answered on Nov 1, 2021

If you settle, your attorney fee could be zero.

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1 Answer | Asked in Copyright for New York on
Q: I have found a PDF copy of the a book I want to use for my class on the web. Can I post this PDF for the students?

The publisher of this edition was shut down in 2018, and W.W. Norton only has the 5th edition, which is not available as an e-book that the students can obtain for free. Are there any legal issues in giving the students that file? I think the students were actually directed to that link anyways, so... Read more »

Marcos Garciaacosta
Marcos Garciaacosta
answered on Aug 18, 2021

Yes, it is infrigement.

Consult with an attorney

You may want to approach the publisher and ask for a license

1 Answer | Asked in Copyright for New York on
Q: Hi. How to prove that I posted online my musick 2 months before other person used it under her name?

I crerated melody and posted it on instagram under my name. How I can save information about it was posted? I think it can be hacked or deleted by other way. So I need fast decision. Thank you.

Tim Akpinar
Tim Akpinar
answered on Aug 14, 2021

The copyright attorneys here would have the best insight into your matter, but your question remains open for three weeks. The issue you're asking about might even be a non-intellectual property issue simply involving digital upload logs the public at large is familiar with. If the website to... Read more »

1 Answer | Asked in Consumer Law, Contracts and Copyright for New York on
Q: I have a clothing line with ideas of using thunder cats as one of my themes. Looking for permission to use.

Wanna use characters etc for different t shirt designs

Tim Akpinar
Tim Akpinar
answered on Aug 7, 2021

Your question remains open for a week. You chose good categories to post under. You could additionally add "Trademarks" as a category. There's no guarantee that every post here is picked up, but there might be improved chances of a response with that additional category included.... Read more »

1 Answer | Asked in Copyright and Internet Law for New York on
Q: Are rewritten articles legal?

It is widely known, that it is illegal, to copy articles 1: 1 from Websites and then publish them under your own name on your blog.

However, what about rewritten articles? To what extent do articles have to be rewritten in order to be safe with the copyrights laws?

Marcos Garciaacosta
Marcos Garciaacosta
answered on Jul 25, 2021

Depends. You need to consult with an attorney.

You can write about the same topics, but the words and order, the creation itself, needs to be unique, in order to be safe.

1 Answer | Asked in Copyright, Entertainment / Sports and Intellectual Property for New York on
Q: Can I use the name of a fictional city from a movie in my book?

The name used in the movie is “Koriko” while I’ll use “Corico City”. The cities won’t be similar in any way. I wanted to use the name to pay homage to the movie, but am worried about copyright infringement. Thank you!

Marcos Garciaacosta
Marcos Garciaacosta
answered on Jul 12, 2021

Maybe.

Consult with an attorney to search for use of the name and whether there is any registration.

Best luck!

1 Answer | Asked in Copyright for New York on
Q: what does the contract for the transfer of copyright for a song look like, bit?
Marcos Garciaacosta
Marcos Garciaacosta
answered on Jul 5, 2021

It depends on the scope of the rights.

Contact an attorney to understand your needs and options.

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