Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by Bao Tran
3 Answers | Asked in Copyright, Trademark and Intellectual Property for New York on
Q: What are my rights for someone using a picture they took of me at a private event? Now made into A Mural.

The picture has now been used as a city mural project, this was not known to me at the time of taking the picture. It happened over a year ago. But the mural was completed in the last two weeks. The artist contact me after a friend had notice they saw my face on a building and ask the artist if he... View More

Bao Tran
PREMIUM
Bao Tran
answered on Jul 25, 2024

Based on the situation you've described, there are several legal and ethical considerations to address regarding the use of your image in a public mural without your prior consent. Here's an analysis of your rights and potential courses of action:

Right of Publicity:

In...
View More

View More Answers

3 Answers | Asked in Copyright, Intellectual Property and Trademark for Texas on
Q: I’m an Etsy seller and someone claimed IP on an item. But all they have is an application for said item. Not approved.

Is this illegal to shut someone’s listing down when you really don’t hold the approved IP yet? And what are my options.

Thanks.

Bao Tran
PREMIUM
Bao Tran
answered on Jul 25, 2024

Based on the information provided, here's an analysis of your situation:

Trademark Application Status:

Having only an application for a trademark, without approval, does not grant full trademark rights. The applicant does not have enforceable trademark rights until the mark is...
View More

View More Answers

2 Answers | Asked in Copyright and Intellectual Property for Illinois on
Q: Can I ask them not to use my photography if I was a contractor and the job exceeded scope and pay?

I was hired as a Marketing Coordinator in April. When I started, they stated they wanted social media graphics to promote bands, occasional visits to take videos of bands playing, a website redesign, and they wanted to get some photos of food. They paid a $400 flat fee a month. In June, I went in 3... View More

Bao Tran
PREMIUM
Bao Tran
answered on Jul 25, 2024

Based on the situation you've described, you may have some rights regarding the use of your photography. Here's an analysis of your position:

Copyright Ownership:

As the photographer, you automatically own the copyright to the photos you took, unless there was a written...
View More

View More Answers

2 Answers | Asked in Copyright, Civil Rights and Intellectual Property for Mississippi on
Q: If I use pictures I've taken of children to illustrate a book do I need a release from their parents?

I plan to use filters so that the children aren't recognizable unless you've seen the original photo.

Bao Tran
PREMIUM
Bao Tran
answered on Jul 25, 2024

Based on the information provided, here's an analysis of using filtered photos of children in a book illustration:

Legal Considerations:

Even with filters applied, using photographs of identifiable individuals, especially minors, can raise privacy and legal concerns....
View More

View More Answers

2 Answers | Asked in Copyright and Intellectual Property for North Carolina on
Q: Greetings all, would desperately love to hear your expert opinions. I have this original artwork

Greetings all, would desperately love to hear your expert opinions.

I have this original artwork that was done by a patented printing process and was purchased and commissioned by the family.

I purchased the original artwork from the original owners who had this commissioned as... View More

Bao Tran
PREMIUM
Bao Tran
answered on Jul 25, 2024

Based on the information provided, here's an analysis of your situation regarding the reproduction and potential copyright of the artwork:

Original Artwork Ownership:

You have purchased the physical artwork and have a bill of sale, which gives you ownership of the physical...
View More

View More Answers

2 Answers | Asked in Copyright, Trademark and Intellectual Property for Tennessee on
Q: If someone is using the word Steelers in a new “business” adventure because he loves the Steelers can he be shut down?

Like is this copy infringement of the name. Its called “Steelers auto detailing” his photo he’s using for advertisement is also black and yellow…

Bao Tran
PREMIUM
Bao Tran
answered on Jul 25, 2024

Using the word "Steelers" in a business name, such as "Steelers Auto Detailing," and incorporating black and yellow colors, raises several legal concerns, particularly related to trademark infringement and the right of publicity. Here's an analysis based on the provided... View More

View More Answers

2 Answers | Asked in Copyright and Intellectual Property on
Q: I made a remix of a song from a person involved in a controversy, how bad can I be sued ?

I am seeking legal advice regarding a parody I created of a song for a fun TikTok video. Given the recent controversy surrounding the original artist, I wanted to what can be held against me. Could you please advise me on whether my parody qualifies as fair use and what specific elements of the... View More

Bao Tran
PREMIUM
Bao Tran
answered on Jul 25, 2024

Based on the information provided and the search results, here's an analysis of your situation:

Fair Use and Parody:

Parodies can potentially qualify as fair use under copyright law, but this is determined on a case-by-case basis .

To be considered a parody, your work...
View More

View More Answers

2 Answers | Asked in Copyright, Intellectual Property and Trademark on
Q: Could we get sued by Konami for using a Yu-Gi-Oh card in a music video?

I'm in a band that has a pretty big global fanbase and is growing indefinitely. We're about to shoot a new music video for an upcoming album and I wanted to use a You-Gi-Oh card in it for like a 2 second shot (just a shot of us playing the game and a card gets shown). I just wanted to... View More

Bao Tran
PREMIUM
Bao Tran
answered on Jul 25, 2024

Based on the information provided, using a Yu-Gi-Oh card in your music video could potentially lead to legal issues with Konami. Here's an analysis of the situation:

Copyright and Trademark Concerns:

Yu-Gi-Oh cards are protected by copyright and trademark laws owned by Konami....
View More

View More Answers

2 Answers | Asked in Copyright, Business Law, Intellectual Property and Trademark for Wisconsin on
Q: If I designed a logo for a small business with plans to expand, but wasn't paid, can I force them to stop using my work?

The situation is messy. I went into business with my sister. She had a partnership with another sister, but the other sister left the business. So she asked me to join. We had a verbal agreement. It was promised that I'd become a partner, or we may renegotiate for me to have a stake in... View More

Bao Tran
PREMIUM
Bao Tran
answered on Jul 25, 2024

Based on the situation you've described, there are several legal considerations to address:

Copyright ownership:

Your husband, as the creator of the logo, automatically owns the copyright to his work unless there was a written agreement transferring those rights....
View More

View More Answers

2 Answers | Asked in Copyright, Intellectual Property and Trademark on
Q: can we use the name 'Goosebumps' for a different project which involves creating a bank of stories?

We are creating a story bank which includes the stories of all the artisans working for our company. The story bank is going to be named 'Goosebumps'. But this name is already a registered IP. The story bank for now is only for internal use but will be published for the public in the... View More

Bao Tran
PREMIUM
Bao Tran
answered on Jul 25, 2024

Based on the information provided and the search results, using the name "Goosebumps" for your story bank project could potentially lead to legal issues. Here's an analysis of the situation:

Trademark Protection:

"Goosebumps" is a registered trademark owned...
View More

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.