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Questions Answered by Will Blackton
1 Answer | Asked in Business Law, Copyright and Intellectual Property on
Q: At what age do movies become public domain?

I've been using screenshots from old movies and altering them in Photoshop to create memes. I want to sell these images on T-shirts. How best to determine when a movie is "public domain"?

Will Blackton
Will Blackton
answered on Jul 19, 2017

There are three primary ways that creative works can enter the public domain under federal copyright law:

(1) The artist can expressly waive all rights in the work and effectively donate the work to the public domain;

(2) If the work was created by a government employee in the...
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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...
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1 Answer | Asked in Business Formation for North Carolina on
Q: Does A person need A business license to start A digital marketing agency?
Will Blackton
Will Blackton
answered on Jul 7, 2017

Generally, no.

What types of good will you be marketing? Will you just be advertising goods or will you be fulfilling customer orders, by dropshipping for example? If you're doing more than connecting a customer with a company you may need a license, depending on the industry...
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1 Answer | Asked in Internet Law for North Carolina on
Q: How is it this information about my husband is printed on the internet without our approval?
Will Blackton
Will Blackton
answered on Jul 7, 2017

What information are you talking about?

Unless the information is libelous, confidential information disclosed by a person or entity prohibited from disclosing that specific information (like an individual's health records being published by a health care provider), or information...
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1 Answer | Asked in Copyright, Internet Law, Business Law and Intellectual Property for Washington on
Q: Eat24 or an affiliate marketer made a site "stacias-pizza.com" that makes it look like my client's. Is this legal?
Will Blackton
Will Blackton
answered on Jul 7, 2017

Are you saying you're a web designer and you created a website for a pizza place, and someone copied and rebranded that website as Stacia's Gourmet Pizza?

If so, how much of your work was copied? What elements: images, text, html?

Or are you saying that Stacia's...
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1 Answer | Asked in Copyright for Delaware on
Q: Looking to use photo memes in a free video game. Is this breaking any laws?
Will Blackton
Will Blackton
answered on Jun 29, 2017

Possibly. Did you take the photo and create the meme? If not, someone else probably had a copyright interest in the image. If you use it without their permission or a valid license, you could be liable for copyright infringement. Making money is not a requirement for copyright infringement.... View More

1 Answer | Asked in Copyright and Trademark on
Q: Can I claim my fathers patent?

My father never received any compensation for his patent from the USPTO. He passed away at the age of 77 without ever receiving any money. I'm his heir.

Will Blackton
Will Blackton
answered on Jun 29, 2017

The USPTO does not compensate patent owners. The USPTO issues patents to inventors and maintains a permanent historical record of all U.S. patent applications. Generally, patent holders can make money from selling the their patented products, selling their interest in the patent, or licensing it... View More

1 Answer | Asked in Real Estate Law for North Carolina on
Q: Can a HOA in North Carolina force a homeowner to pay for a survey of their property to resolve a dispute over a mowing?

My HOA sent violation letters to my neighbor as me as her lawn care folks recently stopped mowing the slope on her side of our border after mowing it for many years. She also let the low-growth shrubs on that slope die several years ago which prevent erosion of my property to my chagrin.... View More

Will Blackton
Will Blackton
answered on Jun 29, 2017

Look to your HoA agreement to determine what the HoA can and cannot ask you to do with respect to your property.

1 Answer | Asked in Copyright for Georgia on
Q: I wanted to write a book based off of teachings and principles of someone else teachings.

He is a famous pastor and I wanted to know how do I properly give him credit? I want to put my personal experience on the information he gave, as well as add my own principles. How do I do this the correct way?

Will Blackton
Will Blackton
answered on Jun 29, 2017

Ideas themselves are not subject to copyright protection, however, the creative expressions of those ideas are protectable. If you're using creative content that was written or spoken by the pastor, then you probably need permission or a license to use his work. Merely crediting the pastor... View More

1 Answer | Asked in Copyright and Intellectual Property for Ohio on
Q: Made a logo for business as a favor for a friend who worked there but is now gone. Can I order cease and desist

Designed a simple logo for a friend to use at his place of employment a few years back, but they just recently forced his resignation and I no longer want them to use my logo. I was never paid for the logo and never gave any sort of formal rights of ownership to them, just sent him the file and... View More

Will Blackton
Will Blackton
answered on Jun 28, 2017

You were not an employee of this company, so absent a written transfer of rights, you retain the copyright in your work. As to the rest of your questions, an attorney will need to review any communications between you and your friend or his former company to determine what your rights may be.

1 Answer | Asked in Copyright on
Q: I want to register new trademark, how much is it and how long does it take to make it done? Thank you.
Will Blackton
Will Blackton
answered on Jun 28, 2017

It can take about a year for a trademark application to be processed. Application processing time depends on what the trademark office does with the specific application; your application could take more or less time.

The cost of a trademark will depend on how many classes of goods or...
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1 Answer | Asked in Copyright and Intellectual Property for Georgia on
Q: If I wanted to make a free fancomic based off a certain Marvel superhero, would that be a violation of copyright ?

Again this would be completely non-profit and open to the public. I was thinking of having it posted on a free webcomic site. The only thing is that the content would contain some reimagined versions of Marvel's characters and locations.

Will Blackton
Will Blackton
answered on Jun 28, 2017

Fan fiction is generally considered derivative work, which only the original author may lawfully produce. So, you can be sued for producing fan fiction. Actively making money from writing fan fiction merely makes you more of a target for being sued, however, it's not a necessary component to a... View More

1 Answer | Asked in Copyright, Gaming and Internet Law on
Q: I am a programmer and this is a very specific question about NINTENDO .

Do you know the Pokemon series?

I want to make a software that makes it easy to create a Pokemon game I won't be using any of their data, art, sprites, code or anything that is associated with them but the idea.

Can I do it? and if I can, can I charge for it?

Will Blackton
Will Blackton
answered on Jun 27, 2017

If you use the name "Pokemon" or something substantially similar, you may be opening yourself up to liability for trademark infringement.

If you're going to enable others to create Pokemon games and others will be using Pokemon Company International, Inc.'s copyrighted...
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1 Answer | Asked in Criminal Law for North Carolina on
Q: I'm looking for layers for my son , he was charged with firing a firearm in the city limits and I wanted to know how

much the fee would be ?

Will Blackton
Will Blackton
answered on Jun 26, 2017

Contact 2-3 North Carolina attorneys specializing in criminal law, specifically firearms offenses. Many attorneys offer a free consultation to give you an overview of their fee structure and to determine if they can assist you with your legal matter. Be sure to have all the information you have... View More

1 Answer | Asked in Contracts and Libel & Slander for North Carolina on
Q: A photographer has naked pictures of me from a photoshoot i want written proof he has deleted them but he will not

comply with my wishes. in the contract i signed i put my initials next to a set of descriptions of various clothed to naked pictures. i did not initial next to any descriptions of pictures where my genital areas could be fully viewed. So since the photographer claims i have no right to the pictures... View More

Will Blackton
Will Blackton
answered on Jun 26, 2017

If you cannot resolve the matter personally, your best bet is to seek the assistance of a professional. A phone call, strongly worded letter, or filing a lawsuit seeking injunctive relief are among the ways an attorney may be able to assist you.

Contact 2-3 North Carolina attorneys...
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1 Answer | Asked in Copyright and Trademark for Tennessee on
Q: I'm trying to file a trademark for "WORTHY". It will include clothing branding, audio recording and live shows/concerts.

I filed with Legal Zoom before but I can't find the trademark when I search for it. It was over a year ago, so I'm thinking of just finding a Lawyer.

I need help finding an affordable, legal and professional trademark registration if I can't find the original trademark. Any assistance? Thanks.

Will Blackton
Will Blackton
answered on Jun 25, 2017

Did you receive an initial response from the USPTO (usually within about three months of your original application)? It can take a year to a year and a half before your trademark registration is completed.

I would encourage you to find out the status of the application you've...
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1 Answer | Asked in Copyright for Florida on
Q: If a non copyright song is used for the creation of a new song does that make the new song a derivative?

As a Musician, if I work with a producer who has a non copyright version of a song and we create a new song from that for my album does that mean the producer has 100% ownership of the new song? I rewrote all the lyrics and the producer altered some of the music for the new song.

Will Blackton
Will Blackton
answered on Jun 24, 2017

There are a few issues raised by your question.

I'll ignore "non copyright version of the song" and address who owns the copyright in a song created by two or more people:

First, you should have a written agreement between you and the producer that expressly assigns...
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1 Answer | Asked in Copyright, Intellectual Property and Internet Law for Iowa on
Q: Can I post a free Lord of the Rings themed game on the internet without infringing copyright?

I invented a game that me and my friends play. It is an Lord of the Rings themed game that mostly merely uses LOTR races (i.e. Ents, Hobbits, etc.). Can I post it on the internet totally free without violating copyright.

Will Blackton
Will Blackton
answered on Jun 23, 2017

While I am a big fan of Tolkein and gaming, I don't think posting your game online is wise without talking to an attorney first. Whether you potentially infringe on any copyright or trademark interest that Middle-earth Enterprises a/k/a The Saul Zaetz Company (which seems to own the worldwide... View More

1 Answer | Asked in Copyright and Trademark for Indiana on
Q: Can I print Bob Ross with my direct to garment business? Still getting confused and nervous about copyright & Trademark
Will Blackton
Will Blackton
answered on Jun 23, 2017

Without the permission of Bob Ross's heirs or Bob Ross, Inc. (whichever is the appropriate rights holder), you will almost certainly open yourself up to legal liability if you print images of or produced by Bob Ross for resale.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: My apartment is trying to fine my wife for having the trash outside for 1 min while she went to get our car seat.

They just happened to come by as she was. Putting the trash by the door and went to get out four month old in his car seat. Is this legal?

Will Blackton
Will Blackton
answered on Jun 23, 2017

The answer will depend almost entirely on your lease agreement.

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