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Questions Answered by Will Blackton
1 Answer | Asked in Copyright and Trademark for Pennsylvania on
Q: My college merged with another school and the name was changed. Would I be able to print the old name on shirts to sell?

My school was named Philadelphia University but we recently merged with another college and are now named Jefferson. Would I be able to print the old name and logo (Philadelphia University) on shirts and sell them?

Will Blackton
Will Blackton
answered on Jun 3, 2017

You can find out if someone owns a live trademark on "Philadelphia University" by searching the United States Patent and Trademark Office's Trademark Electronic Search System. Pennsylvania also has a state trademark registration system, so search there also. If someone owns the... View More

1 Answer | Asked in Copyright on
Q: Do i own the copyrights to my photographs?

I have a small business on the side for photography, I don't have my clients sign a contract form, but my question was, do i own the copy rights to the photos,

Someone had a photoshoot with me and messaged me AFTER she got the photos and told me she didn't like them, i gave her... View More

Will Blackton
Will Blackton
answered on Jun 3, 2017

Absent (a) an employee-employer relationship or (b) a written agreement, signed by both parties, describing the photographs as works "made for hire," photographers retain the entire copyright interest in their works. Depending on the creative contribution of the subject, there is an... View More

1 Answer | Asked in Copyright and Trademark for Georgia on
Q: I'm trying to start a t-shirt business and do not want to commit copyright infringement.

I have modified a collegiate logo, but people will still associate it with the college (that's the point). I just want to figure out whether I will get in trouble or not. I can send a picture of the logo to you if you can help me! Thanks!

Will Blackton
Will Blackton
answered on May 25, 2017

If you are going to sell goods based on the Georgia Bulldogs logo, only the University of Georgia's IP management department will be able to decide if you will get in trouble or not. Modifying a copyrighted image for your own use is copyright infringement. Modifying a logo is also almost... View More

1 Answer | Asked in Copyright and Intellectual Property for North Dakota on
Q: Is reposting content copyright infringement?

I want to create a website that posts funny pictures from around the web. Obviously, I don't own this pictures. Is posting a link the the source enough to not be hit copyright infringement? Or if I claim that I don't own any of the photos? Would implementing a rating system be considered... View More

Will Blackton
Will Blackton
answered on May 25, 2017

Yes, this is copyright infringement. If you do not have permission from the owner of those images to post them on your own website, you would be liable for copyright infringement. Attributing credit to the authors of those images does not absolve you of liability for copyright infringement.... View More

1 Answer | Asked in Criminal Law and Federal Crimes for North Carolina on
Q: Can I own a firearm or firearms if my spouse has been convicted of a felony, served time, and completed probation?

I am in North Carolina. I have a Concealed Carry Permit.

Will Blackton
Will Blackton
answered on May 22, 2017

If your firearm rights have never been revoked and you have obtained the appropriate permits for ownership, you may own a firearm. If you live with your husband and your firearm is in your home, car, or somewhere your husband has access, your husband is in constructive possession of that firearm... View More

1 Answer | Asked in Copyright on
Q: Are GIFs protected by copyright law? Is it legal to open a site like Tumblr only for GIFs without getting copyright inf?
Will Blackton
Will Blackton
answered on May 22, 2017

Federal copyright protection attaches to an original work of authorship from the moment it becomes fixed in a tangible medium of expression. GIF files depicting some sequence of visuals would almost certainly qualify for federal copyright protection if they contain at least some tiny bit of... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for New Hampshire on
Q: I started a video game news/blog site. Can I legally use screenshots and game images found online when writing on them?

In order to ask for permission and wait for an answer from each video game publisher, I would never actually be able to publish anything myself. I am wondering if it is ok to use images from games I find on company's social media sites, and elsewhere, when discussing or reporting on them, and... View More

Will Blackton
Will Blackton
answered on May 21, 2017

To answer your question directly: No, it would not be legal to use screenshots and game images found online when writing for your video game news/blog site.

If you're going to repost screenshots of images created by video game publishers without their permission, you are opening up...
View More

1 Answer | Asked in Copyright for Vermont on
Q: I want to use a religious symbol I found online for a poster. Are religious symbols free of copyright?

The poster is for free meditation classes offered by a 501 c 3 only.

Will Blackton
Will Blackton
answered on May 21, 2017

Religious symbols are not necessarily free of copyright protection. If the image you found online was created by an artist, and has some very minimal level of creativity applied to the work, that artist was granted copyright protection, even if the underlying symbol is in the public domain or... View More

1 Answer | Asked in Copyright on
Q: I have a file on GitHub that says in the file "this is not to be shared or used". The file does not have legal copyright

Can they do that without a proper copyright and license?

Will Blackton
Will Blackton
answered on May 21, 2017

It's unclear from your post whether you created this file or you're reusing a file that someone else created. The moment an author creates something new with some degree of creative input, that work is afforded copyright protection. While there are many benefits to registering work with... View More

1 Answer | Asked in Copyright, Business Law, Entertainment / Sports and Internet Law for North Carolina on
Q: Could I have a website and provide a service to users that allows for uploading screenshots from video games for profit?

This website and web service would allow users to upload their screenshots from video games and share it with their friends. There is more to it, but as far as legal, would it be copyright or other IP conflicts if users screenshot their own in-game experience and upload it to the site and share it.... View More

Will Blackton
Will Blackton
answered on May 18, 2017

If you're going to allow users to post potentially infringing material, you should become familiar with the DMCA takedown process and register a DMCA takedown agent with the U.S. Copyright Office. Qualifying for the DMCA safe harbor would shift the concerns of copyright infringement from you... View More

1 Answer | Asked in Copyright on
Q: My copyright co-owner died. Can his children stop my novel based on the treatment. Do they own 50% of novel

A man told me an astonishing story of his WW2 life. We copyrighted several treatment pages of story-line facts.

The man died. I started the story as a novel. I assumed his copyright went to his adult children.

I had verbal confirmation from 1 of 3 children. I wrote for a year. They... View More

Will Blackton
Will Blackton
answered on May 18, 2017

You've raised a lot of issues in your question and a comprehensive answer can't really be provided without more details. For the following general overview of the law, I'll assume:

(a) there are no written agreements between you and the WW2 vet or the WW2 vet's family;...
View More

2 Answers | Asked in Copyright, Entertainment / Sports and Intellectual Property for New Jersey on
Q: Starting a sports league with a unique format. Can Intellectual property help protect the format from being copied?

I have a concept for a track and field league that I'm putting together with a unique format. Before I put it fully together I wanted to know if I could protect the idea so it can't be copied by others. It's a different system then a normal track meet .The events will be the same but... View More

Will Blackton
Will Blackton
answered on May 16, 2017

I will not speak to patent protection, as that's outside of my practice area. Copyright law will protect the expression of your ideas or rules, that is, the creative organization of words used to write the rules, but not the underlying ideas or rules themselves. Trademark law will protect... View More

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1 Answer | Asked in Real Estate Law for North Carolina on
Q: When making an offer on a house, do I have to reveal that I am using 1031 monies by attaching a form?

This property was identified as a potential buy. Is there a form to attach to the offer or can I just state that that amount of money is cash?

Will Blackton
Will Blackton
answered on May 12, 2017

Are you doing a simultaneous exchange? If not, you should be working with a qualified intermediary.

If you're using a qualified intermediary for this like kind exchange, consult with them. A 1031 exchange is between you and the IRS, affecting only your personal or business income tax...
View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Georgia on
Q: Can I place licensed toys inside of bath bombs for sell If I don't use any identifying marks/logos?
Will Blackton
Will Blackton
answered on May 11, 2017

If you're licensing the toys for that use, of course you can.

1 Answer | Asked in Copyright for Texas on
Q: There is a big game developer that has characters in their game. I want to make a replica of one of them and sell some..

on my website. I will not be using their name or the name of the character in anyway. What kind of issues could I run into here?

Will Blackton
Will Blackton
answered on May 8, 2017

A non-exhaustive list of some potential issues: trademark infringement, trade dress infringement, copyright infringement, misappropriation of likeness.

Receiving the express written permission of the game developer, to do exactly what you intend to do, in an expertly drafted license...
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1 Answer | Asked in Copyright on
Q: How do I stake apple to court for stealing my idea

I would like to take apple to court for taking my idea from me in 2006

Will Blackton
Will Blackton
answered on May 8, 2017

(1) Contact 2-3 attorneys to find one you trust and with whom you can establish a good working relationship.

(2) Have that attorney evaluate the viability of your claim and estimate the costs of taking Apple to court.

(3) Hire that attorney.

(4) Listen to their advice....
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1 Answer | Asked in Copyright for California on
Q: If I did a selfie and its on a t shirt, is it possible that a random company buy the copyright for that selfie and sue
Will Blackton
Will Blackton
answered on May 5, 2017

If you took the picture, no one would not be able to obtain the copyright in that image unless you sold it to them or someone else who then sold it to them.

1 Answer | Asked in Copyright and Gaming for North Carolina on
Q: Couple questions about famous people likenesses and names can or can't be used in a video game.

I’m going to be releasing a video game soon and since I’m likely going to charge a small fee for people to download it I’d like to answer a legal couple questions just to be on the safe side:

1. Is it legal to use cartoon likenesses of famous/living American politicians or Hollywood... View More

Will Blackton
Will Blackton
answered on May 5, 2017

1. Is it legal to use cartoon likenesses of famous/living American politicians or Hollywood actors in a video game? (artwork is original, my own)

It's certainly legal to do this *with the permission* of the person, or the permission of whoever may own the rights to their image and...
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1 Answer | Asked in Real Estate Law for North Carolina on
Q: The current owner did not disclose problems they knew about. Can I recover cost any costs associated with the purchase?

Upon inspection we found electrical, plumbing, and permitting violations on a home purchase. The owner had many improperly done DIY jobs that were not disclosed as well as a moldy basement and a vastly under-structured and dangerous deck. Although we backed out during due diligence, we've paid... View More

Will Blackton
Will Blackton
answered on May 4, 2017

The due diligence fee compensates the homeowner for taking their home off the market and giving you exclusive access to do research on the home. If the seller took their home off the market and allowed you to inspect it, that's what the DD fee is for, you're not entitled to get it back... View More

1 Answer | Asked in Real Estate Law for North Carolina on
Q: Is it legal for a Builder to sell a house to a homeowner without first paying all subcontractors? GS code references?

The company I work for has furnished labor and materials in a house. Before the Builder made any sort of payment, and under my company's fruition, the builder sold the house to a homeowner. Now, of course, the builder is refusing payment. I have stuck a lien on the house; however, because the... View More

Will Blackton
Will Blackton
answered on May 4, 2017

A builder can sell a house without paying the subs. The subs recourse is to sue the builder, and there is a powerful statutory mechanism for doing that. You're already aware of it: filing a lien and then enforcing the lien.

If you're a sub, you need to look into filing a claim...
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