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New York Copyright Questions & Answers
3 Answers | Asked in Business Law, Intellectual Property, Trademark and Copyright for New York on
Q: Can I use any sauropod image for my educational small business or non profit if Sinclair has a similar dinosaur image?
Daniel Michael Luisi
Daniel Michael Luisi
answered on Apr 5, 2023

You need to conduct a copyright search to determine whether you are potentially infringing on Sinclair’s IP. You should also run a trademark knockout search to see whether your dinosaur is a registered or common law brand, or resembles one closely enough to create a “likelihood of confusion”... View More

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3 Answers | Asked in Business Law, Intellectual Property, Trademark and Copyright for New York on
Q: Can I use any sauropod image for my educational small business or non profit if Sinclair has a similar dinosaur image?
James L. Arrasmith
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answered on Apr 6, 2023

Using sauropod images for educational purposes in a small business or non-profit organization is generally allowed under fair use principles. However, if the sauropod image you plan to use is substantially similar to an image owned by Sinclair or another entity, you may be at risk of infringing on... View More

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4 Answers | Asked in Copyright and Intellectual Property for New York on
Q: Can I publish public domain lyrics as a childrens book and make money?
James L. Arrasmith
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answered on Mar 29, 2023

Yes, you can publish public domain lyrics as a children's book and make money from it. Public domain works are not protected by copyright, which means that they are free to use and adapt for commercial purposes. However, it's important to ensure that the lyrics you are using are indeed in... View More

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3 Answers | Asked in Contracts, Copyright and Intellectual Property for New York on
Q: Do I own the artwork after paying a "boardwalk artist" for my caricature?

I paid the artist for my caricature, and (because I have a sense of humor) I later decided to use it in my online marketing materials. Do I need his permission? And since he signed the work, must I include his signature when using the work?

James L. Arrasmith
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answered on Mar 29, 2023

When you paid the "boardwalk artist" for your caricature, you purchased a physical copy of the artwork, but it does not necessarily mean that you own the copyright to the image. The copyright is owned by the artist, unless they transfer the rights to you in writing.

If you want to...
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3 Answers | Asked in Contracts, Copyright and Intellectual Property for New York on
Q: Do I own the artwork after paying a "boardwalk artist" for my caricature?

I paid the artist for my caricature, and (because I have a sense of humor) I later decided to use it in my online marketing materials. Do I need his permission? And since he signed the work, must I include his signature when using the work?

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Mar 15, 2023

Because you paid the artist, it is a "work for hire" and owned by you. If you are using the work for commercial purposes, it would be prudent to register the copyright in the work and in the application you will identify the artist as having created the work for you.

You have no...
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3 Answers | Asked in Copyright, Entertainment / Sports, Trademark and Intellectual Property for New York on
Q: A colleague (musician-turned-lawyer) and I have written a musical piece together.

A colleague (musician-turned-lawyer) and I have written a musical piece together. Can he himself represent the music legally and handle the copyright registration? He would also have to be the legal third-party regarding the publishing company. It seems to me this would all present a conflict of... View More

Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Mar 10, 2023

If you and him are business partners, one may thing that their interests are aligned. However, it may not be the case for ever. It is a good practice to have independent counsel. Thereafter, you can make an informed decision as to who should be in charge of the legal aspects of the registration of... View More

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3 Answers | Asked in Copyright, Entertainment / Sports, Trademark and Intellectual Property for New York on
Q: A colleague (musician-turned-lawyer) and I have written a musical piece together.

A colleague (musician-turned-lawyer) and I have written a musical piece together. Can he himself represent the music legally and handle the copyright registration? He would also have to be the legal third-party regarding the publishing company. It seems to me this would all present a conflict of... View More

James L. Arrasmith
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answered on Mar 10, 2023

It is possible for your colleague, as a lawyer and co-creator of the musical piece, to represent the music legally and handle the copyright registration. However, there could be potential conflicts of interest depending on the specific circumstances of your situation. It is important to discuss any... View More

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2 Answers | Asked in Copyright and Intellectual Property for New York on
Q: As an American with Caribbean heritage I seek help in getting paid from a Publishing company that is using my name for

My name for free and has refused to pay for the book and it content they are selling online as a collectible against my will and knowledge. I would like to file a suit against this company for millions of dollars since 2017 to this writing I have not been given a dime for my work, beside $100 for... View More

Tim Akpinar
Tim Akpinar
answered on Mar 8, 2023

This may be something that a copyright/intellectual property attorney would have insight into. You could repost and add Copyright and Intellectual Property as categories. Not all questions are picked up on this forum, but you might increase chances for a response by adding those headings. Good luck

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2 Answers | Asked in Copyright and Intellectual Property for New York on
Q: As an American with Caribbean heritage I seek help in getting paid from a Publishing company that is using my name for

My name for free and has refused to pay for the book and it content they are selling online as a collectible against my will and knowledge. I would like to file a suit against this company for millions of dollars since 2017 to this writing I have not been given a dime for my work, beside $100 for... View More

James L. Arrasmith
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answered on Mar 11, 2023

To seek legal action against the publishing company, you should consider hiring a lawyer who specializes in intellectual property law. The lawyer can review your contract with the publishing company and determine if there are any breaches of contract or infringement of your intellectual property... View More

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1 Answer | Asked in Copyright and Civil Rights for New York on
Q: Hi. I downloaded an app facedance and took pic of my coworker and it showed his face dance. Can he sue me for that?

He asked me to send it to him

James L. Arrasmith
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answered on Feb 25, 2023

It's unlikely that your coworker could sue you for taking a picture of him using an app, as long as you had his consent to take the picture. However, if he did not give his consent and you took the picture in a place where he had a reasonable expectation of privacy, he may have a case for... View More

3 Answers | Asked in Copyright for New York on
Q: I want to sign up as a vendor at a vampire diaries convention but am scared and confused about copyright laws.

Are we allowed to use one line phrases, pictures or anything to do with show, how do I find out if something is copyright and if it is how do I legally get rights. I want to do things the correct way

James L. Arrasmith
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answered on Feb 25, 2023

As a vendor at a Vampire Diaries convention, you need to be aware of the copyright laws surrounding the show and its associated intellectual property. Using copyrighted material without permission can lead to legal issues, including potential lawsuits.

To find out if something is...
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2 Answers | Asked in Copyright, Intellectual Property, Civil Rights and Gov & Administrative Law for New York on
Q: What laws must I know to write a book or movie about a fictional version of a recentish event, mentioning real names?

The event in question took place a couple of decades ago. Some of the main people involved are dead and some are alive. It's a relatively well known/publicized event, though not everyone's involvement is super well known its all easily available in news articles. I want to know about... View More

Tim Akpinar
Tim Akpinar
answered on Feb 3, 2023

Aside from intellectual property issues, there can be tort law issues. Diligent publishers will review certain manuscripts to ensure that a book does not open the door to allegations of libel, the act of defaming (causing damage to dignitary interests) a person in written form. Good luck

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2 Answers | Asked in Copyright, Intellectual Property, Civil Rights and Gov & Administrative Law for New York on
Q: What laws must I know to write a book or movie about a fictional version of a recentish event, mentioning real names?

The event in question took place a couple of decades ago. Some of the main people involved are dead and some are alive. It's a relatively well known/publicized event, though not everyone's involvement is super well known its all easily available in news articles. I want to know about... View More

Daniel Michael Luisi
Daniel Michael Luisi
answered on Feb 3, 2023

You potentially have to contend with the New York Civil Rights Law §§ 50 and 51, New York’s “Right of Privacy” law, which prohibit the use “for advertising purposes, or for the purposes of trade” of the name, portrait or picture of any living person without obtaining his or her prior... View More

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3 Answers | Asked in Consumer Law, Business Law and Copyright for New York on
Q: If the customer saw the mistake and remained silent until the process is completed, am I still liable?

A customer asked me to plant ten trees in her yard. My worker planted the wrong kind of trees. The customer saw it after the third tree but remained silent. After planting all the trees, she demanded to get rid of the wrong trees and plant the right ones at a 25% discount. Another offer she had is... View More

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jan 23, 2023

Ah…the case of the wrong trees. I saw your questions on Avvo. You will have to contact a lawyer to evaluate your rights. Depending on the application of the UCC and the terms of your written contract, if any, you may or may not have several options available to you.

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3 Answers | Asked in Consumer Law, Business Law and Copyright for New York on
Q: If the customer saw the mistake and remained silent until the process is completed, am I still liable?

A customer asked me to plant ten trees in her yard. My worker planted the wrong kind of trees. The customer saw it after the third tree but remained silent. After planting all the trees, she demanded to get rid of the wrong trees and plant the right ones at a 25% discount. Another offer she had is... View More

Samuil Buschkin
Samuil Buschkin
answered on Jan 22, 2023

You should speak to a lawyer because ALL details and fine points matter for a correct analysis. Generally, the parties are bound by the terms of the agreement. If the customer wants to modify (renegotiate) the agreement it can be done only per the terms of the agreement and with the other... View More

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1 Answer | Asked in Copyright, Intellectual Property and Trademark for New York on
Q: In a YouTube video, can my nickname be Captain America or would it be copyrighted

Creating a YouTube channel in tourism for Latin Americans visiting USA. Would like to use the nickname Captain America

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jan 20, 2023

You will have to research whether the current owner of the Captain America trademark owns the rights in similar service or product classes to your proposed use to promote tourism. Whether you will be sued for infringement will then depend on whether your uses interfere with the rights owner in... View More

1 Answer | Asked in Intellectual Property and Copyright for New York on
Q: RE: Comedians Intellectual Property. Assume I produce YouTube videos as tributes to specific comedians and their content

Does the attribution to the original comedian overcome copyright? And, would the answer be different if the videos were free to the public versus being included in a fee based subscription?

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jan 20, 2023

No, attribution is not a defense to copyright infringement. Fair use might be a defense. Section 107 of the U.S. Copyright Act provides for certain cases where permission from the rights holder is not required. Courts assess whether the "fair use" defense applies based on four factors:... View More

1 Answer | Asked in Copyright and Intellectual Property for New York on
Q: What can I do if I have created a design, uploaded it online and it has been used uncredited, a copyright violation?

If I have uploaded a design on a file-sharing website under a Creative Commons non-commercial license, and somebody uses it uncredited for a commercial purpose. If the site refuses to take it down, what recourse do I have?

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jan 17, 2023

If your copyright is unregistered, you can only file a lawsuit where you will have to prove damages such as lost profits. The better move is to register your copyright with the USPTO. Then you will have access to statutory damages (only requiring proof of infringement) of anywhere between 750 and... View More

1 Answer | Asked in Employment Law, Intellectual Property and Copyright for New York on
Q: I work at a cookie company and it is not my job to create cookie inventions but I made one on a slow day and they stole

Selling my cookie I invented in stores without paying me. They also didn’t let me name it and are asking customers online to compete in naming the cookie and winner gets creator rights on the cookie. I was basically thrown to the side after I made them a delicious cookie they liked and they... View More

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jan 2, 2023

By itself, a recipe is not protected by copyright law because it is only a list of ingredients. See U.S. Copyright Office, Circular 33, Works Not Protected By Copyright.

However, a recipe embedded in detailed instructions on how to combine the ingredients, especially when written in your...
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1 Answer | Asked in Employment Law, Copyright, Business Formation and Business Law for New York on
Q: If there is no written employment agreement, is the work for hire doctrine still valid? Is the employer still the author

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Daniel Michael Luisi
Daniel Michael Luisi
answered on Dec 18, 2022

If you were an independent contractor as opposed to an employee, the work for hire doctrine wouldn’t apply absent a signed writing to that effect executed by both parties to the contract. However, whether you would be considered an “employee” for the purposes of copyright law is not as simple... View More

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