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Utah Copyright Questions & Answers
1 Answer | Asked in Copyright for Utah on
Q: When is it ok not to get permission for use for an idea? I plan to publish (asap) a book of primary singing time ideas..

I need help from someone who knows book publishing/copyright law well. I thought I was good, but I should have made sure...I've put together a book. It's a list of over 100 activities that can be used for primary singing time. I gathered ideas from all over (mainly online in a public fb... Read more »

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

Ideas are not owned, nor are they subject of copyright, which protects only "works of expression."

Your compilation is itself a work of expression (namely, yours) and you own the copyright in that work.

1 Answer | Asked in Copyright and Trademark for Utah on
Q: I want to make some NFT art. Is there a way i can use comic characters, people's likenesses or mythical gods legally?

My art wouldnt be a copy and paste situation. For example, Its more or less a 3d sock puppet that looks like superman.

Steve Charles Vondran
Steve Charles Vondran answered on Jan 19, 2022

Generally speaking, you need to be careful when tying to use copyrighted pictures, images, characters, or real living third party persons in your NFT's. I know this is a new area of technology, but traditional principles of copyright law still exist. Unless you are making a COLLAGE, for... Read more »

1 Answer | Asked in Copyright for Utah on
Q: Could I get in legal trouble for making and selling custom socks that accept the owlet monitor
Marcos Garciaacosta
Marcos Garciaacosta answered on Oct 27, 2021

Depends on what the sock itself does.

it will depend on whether there is any protection for the design or use of the sock.

Consult with an attorney.

1 Answer | Asked in Patents (Intellectual Property), Consumer Law, Copyright and Products Liability for Utah on
Q: How to I find patents filed on work research and modifications done on my truck? Is there an application?
Marcos Garciaacosta
Marcos Garciaacosta answered on Jul 3, 2021

Check google patents.

If the patent has not published or granted it won't be found.

Consult with an attorney.

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Utah on
Q: If I were to market/sell a caffeine free energy substitute using a pouch delivery system would that be against patent?

I understand there are many products that use saliva based delivery (pouch) methods. Are all of these required to gain permission or establish patents to market and sell these types of products?

Thank you

Marcos Garciaacosta
Marcos Garciaacosta answered on Jun 2, 2021


consult with an attorney

you would need to look and see if there are any patents associated with that in the jurisdiction where you plan to make, sell or import

1 Answer | Asked in Copyright for Utah on
Q: I'm looking to start a brand based out of Salt Lake City, Utah name blase. What troubles would I run into?
Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 14, 2020

It depends on what you are looking to do.

In essence, you should not have any issues unless you are violating a law or ordinance

Not enough information to make an assessment

consult with an attorney and schedule an appointment

1 Answer | Asked in Copyright and Patents (Intellectual Property) for Utah on
Q: Can I propogate succulents for fun and to earn a little extra cash?

I have been wanting to propogate succulents for the experiment and fun of it. I also hoped to sell any babies that might be successful for some extra money. However while I did some research I learned that their where certain patent laws that made it illegal for some succulents. What succulents am... Read more »

Wesley Winsor
Wesley Winsor answered on Aug 13, 2019

This is a very nuanced area of law. I do not even dabble in this area. I thought I could provide some self-help resources though.

If you are wondering whether a type of plant has been patented, you will need to search the patent databases for whether the patent has been registered....
Read more »

1 Answer | Asked in Copyright for Utah on
Q: With DMCA Notices, must I give the exact link to where the infringing material is or can it be a link where it may be?

I have been harassed by a troll website for the past few years and they continue to post my copyrighted works, namely: a book and a song. A few days ago, I sent the owner of the site a DMCA take down notice with all of the requirements for take down. I was informed by others that my copyrighted... Read more »

Griffin Klema
Griffin Klema answered on Apr 24, 2019

While it's best to provide a specific URL for avoiding arguments about sufficiency of a DMCA notice, you are correct, there is some leeway that a copyright owner has in providing a notice. However, if you are unable to identify the precise location, that itself is indicative that the website... Read more »

1 Answer | Asked in Copyright and Trademark for Utah on
Q: 5 years operating the website The owner of the mark "efy" is now asking that I cease and desist.

I don't own "EFY" but have been selling music and mp3's that I do own based on their summer camp. I had a verbal "okay" from them to run it the past few years, and they have often checked in to see how things were going. Now they are deciding to pull everything close... Read more »

Jason Brooks
Jason Brooks answered on Jan 24, 2019

You may still be able to register the trademark for use In Class 41 (Entertainment Services) with your scope of services limited to something like music production/distribution; but it really depends on the Summer Camps's mark - i..e how are they using it? What class are they registered in?... Read more »

1 Answer | Asked in Business Formation, Copyright, Entertainment / Sports and Trademark for Utah on
Q: Hello, Can you me setup an entity like Hot Pancakes has with Bella Forrest and maintain privacy for my author business?

I am the only person in my business and I really want to keep it that way. If possible. I am using ghostwriters to create the books. I handle everything else.

Wesley Winsor
Wesley Winsor answered on Jan 4, 2019

I am sorry, I do not understand your question. Please explain more.


1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Utah on
Q: My dad invented insta fire and on most of the the patent abstracts his name is changed not only the he named him produc

Pantent #6093224 inventer Gary T Jones

Griffin Klema
Griffin Klema answered on Nov 14, 2018

It is not clear what your question is (maybe you submitted the form before typing the full question?). The USPTO shows "Gary T. Jones" as the first named inventor on U.S. patent no. 6,093,224. The abstract for that patent does not include any names.

1 Answer | Asked in Copyright, Patents (Intellectual Property) and Trademark for Utah on
Q: Can ambulance sound be used/sold as a sound effect, if it was made from scratch

if a sound, like the one used for an ambulance is made from scratch, to be sold as a sound effect, but is not the exact same, would this infringe on copyrights if such a sound were copyrighted? and if it weren't copyrighted could this in anyway break the law?

Kevin E. Flynn
Kevin E. Flynn answered on May 10, 2018

I do not see a problem with respect to patents for having an ambulance sound. While there are patents with respect to sirens, most deal with detecting a siren or other sophisticated interactions.

Chances are that your process to create a...
Read more »

1 Answer | Asked in Internet Law, Copyright and Intellectual Property for Utah on
Q: I have designed a logo for an LLC, but when it was time to pay my agreed-upon fees, they ceased communication.

Our communication, agreement, and design-files, were all exchanged via e-mail. Also I have included "Copyright 2018 name" in my initial file-proposals. Lastly, I am not located in the U.S.

What can I do to claim my fees?

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

If you have not been paid for your work under a valid contract, you should contact an attorney in the US about collecting what is owed to you.

1 Answer | Asked in Copyright for Utah on
Q: I am an artist that WAS under contract with a publisher. They copyrighted my art in their name. Is that legal?

They have done this with several artists and say that they MAY change the names on the copyright as a "courtesy" to me. They are crooks and I am afraid they are taking advantage of several people.

Will Blackton
Will Blackton answered on Jul 12, 2017

What does your contract say?

If your contract assigned the copyright interest in your work to your publisher, then your publisher is absolutely permitted to register works created by you. If your contract isn't explicit about assigning ownership of copyright (but it should be), then...
Read more »

1 Answer | Asked in Copyright for Utah on
Q: I want to make soap and use the Harry Potter characters... How do I go about doing this
Will Blackton
Will Blackton answered on Mar 31, 2017

The appropriate entity to contact depends on the specific license required and where in the world you want to sell products. However, a good starting point would be to contact Warner Bros. Consumer Products, which seems to hold the license rights to Harry Potter. It licenses the rights to names,... Read more »

1 Answer | Asked in Copyright, Business Law, Internet Law and Patents (Intellectual Property) for Utah on
Q: If my father has the right to the patientends, but is deceased who can claim them.
Peter D. Mlynek
Peter D. Mlynek answered on Jan 4, 2017

I am sorry to hear about your father's passing.

If your father had rights to the patent (i.e., he did not assign it to his employer, or he has not otherwise sold it or licensed it), then you should treat the patent the same as any other personal property.

Good luck!

2 Answers | Asked in Copyright, Products Liability and Gaming for Utah on
Q: I'm making a baseball themed card game.

I'm using vintage pictures of cards from the early 1900's which are in the public domain. I'm wondering if their names are also safe to use? Thank you!

Peter N. Munsing
Peter N. Munsing answered on Nov 12, 2016

You are copying a card so normally that would be fine; however I'm not a copywrite /image specialist and you should contact one of them for a definitive answer.

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1 Answer | Asked in Copyright and Intellectual Property for Utah on
Q: How can i protect writers on a public app from having their work stolen or Infringed upon?

I want to make an app where authors and writers can show their work and sell it to others. How can i do something like this and still protect them from having their work stolen?

Brian K Jackson
Brian K Jackson answered on Oct 28, 2016

There are lots of ways to go about it. Some people use watermarks, you can also write a disclosure of copyright infringement. The most important thing to do is to ensure that all the documents are dated to prove when they were created. Registering them would most likely be too expensive of an... Read more »

1 Answer | Asked in Copyright for Utah on
Q: Can a kids theatre company write their own version of a Disney production and use it as a camp for kids?
Mark B. Saku
Mark B. Saku answered on Jun 16, 2015

Most likely no. A creative work based on a previously created work is known as a "derivative work" and requires the permission of the original copyright holder in order to distribute or publicly perform the subsequent work.

There are exceptions available, (and maybe some defenses...
Read more »

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