Without more details about your case, all I can say is that using someone's literary works without their permission can be the basis for a copyright infringement lawsuit.

That press announcement does not. It states that fans are allowed to upload derivative works of Nintendo's IP to the Japanese video streaming service Niconico at http://www.nicovideo.jp/ and not anywhere else, like Etsy.

Your use must be consistent with the terms of the license for the image. If your use goes beyond the scope of what is allowed in the license, or if there is no license, you may be liable for copyright infringement.

Creative works receive copyright protection from the moment they are fixed in a tangible medium of expression. "Sending yourself materials through the mail to get copyright protection" is a myth that does not affect your copyright protection at all. Creative works receive more robust... View More

Based on the limited amount of information you've provided, it does not appear that the infringing party has a strong fair use claim. However, determining whether "use" qualifies as "fair use" is a very fact-dependent assessment, and only a court can make this... View More

The contract between you and the person who creates your app, as crafted by an attorney, would define who owns the underlying intellectual property. Absent contractual agreement and any real participation on your behalf, other than supplying the idea, if you're seeking to copyright the code... View More

Many states have a "misappropriation of likeness or image" cause of action, which means broadly: It is illegal to use someone's likeness or image without their consent or beyond the scope of their consent. Generally, you do not have the right to use someone's performance on... View More

Search the U.S. Copyright Office records to find out if you even need to ask for permission from the copyright holder, the work may have entered the public domain and be free to use.

**All copyrightable works published before 1923 are now in the public domain** (these works entered the... View More

To clarify, you're asking attorneys who are unfamiliar with your case whether you should sue the U.S. government on the basis of a federal judge's decision?

It is unlikely that an attorney on the Justia Ask a Lawyer board will be able to answer your question or offer any real... View More

To determine whether or not you'll be able to compel your husband from NC back to India, you'll need to consult with an attorney licensed to practice in India.

You can, however, still file suit against him in NC. Based on your description, it seems like you should contact 2-3... View More

If you received a subpoena, you absolutely should reply in the time prescribed. Contact an attorney in your state if you are unsure of how to proceed.

You probably need more than just a single-use license from Shutterstock if you want to create derivative work of an image and resell it. Carefully review the terms of Shutterstocks different licensing agreements. You need to purchase a license that allows you to transform and resell the work, not... View More

Yes, that sounds like copyright infringement. Statutory damages for copyright infringement range from $750-$150,000 if the work was registered with the U.S. Copyright Office before infringement or within three months of the creation of the work. In order to get a better idea of what is a... View More

Contact 2-3 attorneys in your state with creditor-debtor law and civil litigation experience. Describe your situation and ask how they can help. Hire the attorney with whom you get along the best and trust.

Why attempt to file the discovery motion under seal? Judges are often reticent to allow motions under seal unless the sensitive information revealed in the motion would put some entity in physical or financial danger. Courts often have specific requirements for these filings in their Local Rules.... View More

An attorney would have to review your grandma's will before making this determination.

You're not worrying enough if your site is live and you haven't planned for the possibility of copyright infringement and worked to mitigate any risk. Copyright infringement is probably your greatest source of potential liability for a website like this (statutory damages range from... View More

Your late father's copyright will endure for 70 years after his death, assuming he did not create the work for some other entity.

Did your late father hold any interest in his work at the time of his death? That is, did he sell the rights in his work before his death?

If he... View More

It is probably not ethically permissible for an attorney to give you legal advice this specific without engaging you as a client. Additionally, an attorney would have to read the entire contract and learn more about your situation before being able to give competent legal advice on this contract... View More

Minors may claim copyright, and the Copyright Office issues registrations to minors, but state laws may regulate the business dealings involving copyrights owned by minors.

According to Rule 17 of the Federal Rules of Civil Procedure: The following representatives may sue or defend in... View More