Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Robert Kost
2 Answers | Asked in Copyright for Pennsylvania on
Q: How do I create a non-exclusive license for my copyright? Do I need to report it to the copyright office?

An organization wants to use the curriculum I co-authored.

Robert Kost
PREMIUM
Robert Kost
answered on Nov 30, 2021

Think about registering your copyright on the curriculum with the Copyright Office. It provides a number of benefits:

* Statutory damages if your work is infringed

* Presumption of valid ownership.

* Import protection

* Creates a searchable public record (for others...
View More

View More Answers

2 Answers | Asked in Copyright for Florida on
Q: Hi, I’m currently making a collection of NFTs (Non-Fungible Tokens) based on Nike’s popular line of Jordan and dunk.

The NFTs are going to be cartoon recreations /drawings of the Jordan and Dunk silhouettes. I was wondering if publishing and selling these would be legal.

Robert Kost
PREMIUM
Robert Kost
answered on Nov 29, 2021

I would suggest that the question is not so much whether publishing and selling the NFTs is "legal," but whether Nike can and would assert their legal rights (trademark and copyright rights) against you for doing so. The answer is probably "yes" to both.

View More Answers

1 Answer | Asked in Trademark for Tennessee on
Q: How do I get my business name trademarked and how long does this process take? What are the fees?
Robert Kost
PREMIUM
Robert Kost
answered on Nov 29, 2021

You may be able to obtain a federal trademark for your business name in connection with the goods or services you offer. To do so, you will file an application with the United States Patent & Trademark Office, describing the mark and the class(es) of goods and services the mark will relate to.... View More

2 Answers | Asked in Copyright, Business Law and Intellectual Property for Texas on
Q: How to prevent theft of a template/its framework for consulting. End result is a customized digital document each time.
Robert Kost
PREMIUM
Robert Kost
answered on Nov 29, 2021

There's a lot that needs to be unpacked here. What do you mean by "theft"? What do you mean by "template"? What do you mean by "framework"?

If you mean a simple document template (in Microsoft Word, for example), its literal expression may be...
View More

View More Answers

2 Answers | Asked in Copyright and Trademark for Arkansas on
Q: Can Warner Music take down my product listing?

I sell a shirt that says “My Chemical Imbalance” hand drawn in reference to the band, My Chemical Romance. I have looked at their trademark and as far as I can tell, they don’t have the proper trademark to take my listing down unless I am misunderstanding.

Robert Kost
PREMIUM
Robert Kost
answered on Nov 24, 2021

You might want to consider: "MY CHEMICAL ROMANCE

Goods and Services IC 041. US 100 101 107. G & S: [ ENTERTAINMENT SERVICES IN THE NATURE OF LIVE MUSICAL PERFORMANCES; ] PROVIDING A WEBSITE FEATURING INFORMATION REGARDING [ LIVE PERFORMANCES AND ] MUSIC,...
View More

View More Answers

2 Answers | Asked in Copyright and Trademark on
Q: If I would like to modify the rosary how do I come about doing this?

I would like to make rosary’s and sell them what sort of license should I get?

Robert Kost
PREMIUM
Robert Kost
answered on Nov 22, 2021

Why do you believe you need a license? Who do you think owns the Rosary? According to Wikipedia, it dates back to 1214, from an apparition given to a saint. No one owns, or could own, the decade, or the sequence of five of them. https://en.wikipedia.org/wiki/Rosary#History

Now, if there...
View More

View More Answers

2 Answers | Asked in Copyright, Education Law and Intellectual Property for California on
Q: How can I legally include scenes from movies or other media in a teaching course that I'm creating and selling?

This is a teaching course that is all my original material, but movie scenes and songs will be used as examples (this is a language course).

Robert Kost
PREMIUM
Robert Kost
answered on Nov 22, 2021

The copyright law carves out a specific exception to copyright infringement for this kind of use in Section 110 of Title 17 of the US Code. See https://www.law.cornell.edu/uscode/text/17/110.

However, as with so many other issues, you would be wise to consult an attorney on the specifics...
View More

View More Answers

2 Answers | Asked in Copyright for Colorado on
Q: I own an old book by Enos Mills. I'm using it inspire a new story. Last copy right was 1939. How can I do this legally?

The original book has many stories in it. One is about beavers that I'm using to write a children's book. I'd like to use some of his words verbatim but I'm not sure if that's legal. The children's story summarizes that original work. All artwork will be done by me. I... View More

Robert Kost
PREMIUM
Robert Kost
answered on Nov 21, 2021

Your question packs in 3 issues: 1) use of words verbatim; 2) use of the title; and 3) whether the copyright is still in effect, or whether the work has passed into the public domain.

Start with #3. If the work has passed into the public domain, you are free to use any or all of it....
View More

View More Answers

1 Answer | Asked in Trademark for Pennsylvania on
Q: Need to file an international trademark, what is best course? Need trademark attorney.

Need trademark attorney. I already filed in US through USPTO and now want to file the same trademark internationally with I believe the World Intellectual Property Organization (WIPO). What is the best course of action? I am aware of the Madrid Protocol and can see general prices online.

Robert Kost
PREMIUM
Robert Kost
answered on Nov 19, 2021

You've spotted the most expeditious route: file with WIPO for each of the countries in which you'd like your trademark rights to apply (you'll check which ones you want). For purposes of the WIPO filing, the European Union is treated as one country. However, the application will be... View More

1 Answer | Asked in Internet Law and Trademark for Alabama on
Q: How can I counter response to someone who reported me copyright infringement even though the art is different?

I was sent a notice on Etsy about copyright infringement but my design is different then what is being reported. I used different images and fonts. How do I respond to get them to over turn their decision?

Robert Kost
PREMIUM
Robert Kost
answered on Nov 18, 2021

This question is a very specific one, and will turn on the specifics of who is reporting what to whom, and what their and your designs are. Maybe Etsy has a simple process? Otherwise, I'd suggest that this can only be properly answered by an attorney in dialog with you, and not through a web form.

1 Answer | Asked in Copyright for Massachusetts on
Q: I hired a company to create a logo

I hired a company to create a logo for my business which will be starting in the future. They created the logo for me and before they emailed it to me they wanted all sorts of money to get a copyrighted. I did a quick search and think I found out that it does not need to be copyrighted unless I... View More

Robert Kost
PREMIUM
Robert Kost
answered on Nov 17, 2021

There's a lot to sort out here. First, if you paid for a logo, I'm not sure why you're obligated to the vendor to copyright it (meaning: register it with the copyright office - see below). A more fitting form of legal protection is probably trademark, which is very different from... View More

2 Answers | Asked in Trademark for California on
Q: Was interested in using R2D2 as a part of a business name would that be going to be violating the trademark of R2-D2.

looking up the trademark site its showing as R2-D2 as being trademark but not sure if not using the - make a difference

Robert Kost
PREMIUM
Robert Kost
answered on Nov 17, 2021

Hello,

Just to answer the narrow question, whether the "-" makes a difference, I'd say: probably not. A federal trademark will generally cover minor (and sometimes significant) variations in spelling.

On the larger question whether you should use it, I'd say...
View More

View More Answers

1 Answer | Asked in Copyright and Intellectual Property for Massachusetts on
Q: I want to make a nft colection, but I'm concerned about copyright.

The idea is to make dogs dressed as marvel superheroes(for example dog ironman, dog spiderman). Is that legal, and how far can I go in that direction without paying a fine

Robert Kost
PREMIUM
Robert Kost
answered on Nov 16, 2021

You are correct to be wary. I'm sure the trademark lawyers at Marvel are alert to any and all uses of their trademarks. It's not so much a "fine" that you would pay, as much as it might be money damages and an injunction against using the marks on your non-fungible and... View More

1 Answer | Asked in Copyright for Texas on
Q: How long time a lawyer had to sue me for violations of game copyright?
Robert Kost
PREMIUM
Robert Kost
answered on Nov 16, 2021

The lawyer has 3 years from what he or she alleges is the "last act" of infringement to bring suit. If you are still infringing as of today, the lawyer has 3 years from today to bring the suit.

2 Answers | Asked in Copyright and Intellectual Property on
Q: Creating simple digitally created images.

I'm looking to create simple digital images (not photos) myself from scratch, using image software like GIMP. Most of the digitally created images will be quite generic such as: plain stripes, simple dots, basic shapes, glitter, various textures etc. Each created image will contain the element... View More

Robert Kost
PREMIUM
Robert Kost
answered on Nov 16, 2021

It is possible to unintentionally infringe another's work, so you are correct to be wary. However, copyright protects "original works of authorship." If a design is so basic and so elemental as to be of 'de minimus' originality, copyright protection may not even extend to... View More

View More Answers

2 Answers | Asked in Trademark and Intellectual Property for Ohio on
Q: If a trademark is abandoned due to failure to respond/late response, can a new owner refile and use this?
Robert Kost
PREMIUM
Robert Kost
answered on Nov 16, 2021

If the previous owner is not still using the mark (a mark does not have to be federally registered to stop your registration), or if the trademark was not abandoned due to opposition by a 3rd party (who may turn around and oppose your use), or if no one is currently trying to register the mark (the... View More

View More Answers

2 Answers | Asked in Copyright and Intellectual Property for Texas on
Q: Is it legal to purchase a book from overseas over the Internet and have it shipped to the US?

I’m considering buying a book online from a bookstore in the UK and having it shipped to me in the US because the British edition is much more attractive than the US edition (this would be shipped by the retailer using the postal system). The thing is, the US edition and UK edition are published... View More

Robert Kost
PREMIUM
Robert Kost
answered on Nov 16, 2021

Agree with Attorney Walter - buy the book. This is for the publishers to worry about, if there's any worry at all.

View More Answers

1 Answer | Asked in Business Formation and Business Law for Pennsylvania on
Q: Small Business legal advice

I registered three business names as LLCs and received EINs in New York State. One business is online (functions in Pennsylvania) and the other two are for real estate and branding purposes. I haven't made any money and I forgot to publish the businesses in the newspaper. Should I publish now... View More

Robert Kost
PREMIUM
Robert Kost
answered on Nov 10, 2021

The good news: there is no publication / advertising requirement for Pennsylvania LLCs. There's also no need to change the LLC structure in order to pay yourself when the business profits (or even before it does). We can take up the general business counseling in an out-of-band... View More

2 Answers | Asked in Copyright for Massachusetts on
Q: Am I allowed to publish my old LP collection on YouTube? Are there also state laws prohibiting this in Massachusetts?
Robert Kost
PREMIUM
Robert Kost
answered on Nov 8, 2021

By "publish," do you mean digitize and upload? Without knowing more, I believe the answer is pretty clearly NO.

Section 114 of the Copyright Act speaks directly to "sound recording" rights in, for example, your old LPs. That right belongs to the copyright owner....
View More

View More Answers

2 Answers | Asked in Copyright, Intellectual Property and Trademark for Pennsylvania on
Q: Copyright, Trademark, and Parody.

1st Question: Would this fall safely under parody? (Yes I believe it to be parody and not satire as the image and words only produce comedic effect with the knowledge of the video game elements and stand alone does not create a comedic effect)

I used photoshop to impose two copyrighted... View More

Robert Kost
PREMIUM
Robert Kost
answered on Nov 8, 2021

It's not clear from your description what the superimposed images are a parody of. A parody is a "humorously exaggerated imitation" that borrows from a copyrighted work in order to make fun of it. So, it's very difficult to even comment (let alone give advice) without more... 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.