How were the answers you got lost time? You always have to be careful using a persons name, image, or likeness without their consent. Many states have "right of publicity laws" (for example, California where I practice). There are some exceptions to the rule (in California I am...Read more »
I am not exactly sure what your question is, but are you referring to using the Dallas Cowboy Cheerleaders for commercial products? If that is the question, I would be very careful, you can run into potential problems including with "right of publicity" claims from the individual...Read more »
Parody protection can always be a tricky thing. A true parody is a work that makes fun (or "pokes fun") of the original. If you are doing that, you are in a much better position as section 107 does allow fair use protection for things like this, and for things such as "comment and...Read more »
There are many "photo trolls" out there seeking thousands of dollars for use of a single image. There are many different things we consider in deciding what amounts are fair and proper under the copyright law. For example, some factors to think of are:
The photo in question was taken on March 4, 1865, by an employee, probably by Alexander Gardner, if so, of a privately-owned photography studio, owned by Matthew Brady. Can I reprint one of these photos in a book and be free of any legal consequences? Thank you.
Items in the public domain do not have copyright protections. That means, you can use these photos or images how you see fit, but make sure they are truly in the public domain (all rights expired). In your example, that photo would seem to be in the public domain. Public domain photos become...Read more »
This is a very important question. Before you invest in creating products or services using images found online, it is important to know who the "rights holder" is (the person who owns the legal rights to the photograph).
In some cases, a photo may be in the public domain, but...Read more »
This is one you are probably want to seek legal help on. Many states, such as California, have a "right of publicity law" which protects a persons NAME, image and likeness. If it were me, I would not want my game to get big, only to find out one or more players want a "slice of the...Read more »
You should still consult with a copyright defense law firm so you can see if there might be any future reason to worry. Sometimes things go away, and sometimes they don't. Best to get an idea where you stand after a lawyer reviews the evidence. Is it Strike 3 Holdings by any chance? If so,...Read more »
This is not legal advice. From my jurisdictions (California and Arizona), I don't normally see a fee demand with a cease and desist, although I do not believe there is anything improper about requesting a pursuit fee in the right case. See you at the top! Attorney Steve®
This is not legal advice. I would have a lawyer look at this before you jump in especially if you are investing a lot of money. There can be rights of publicity issues and her estate could own some rights. Tread cautiously. Attorney Steve®
Basically, I have a short "album" of dingy 1:30 - 3:00 songs that I might want to share with the world via YouTube, but there's the nagging fear in the back of my mind that somebody may be able to use it without my permission. I've discovered that I can order other channels to... Read more »
Each is own, I usually tell my clients that if they think they have something good, they should pay the minimal fee to get it copyrighted through the United States Copyright Office. Small price to pay and puts one in the best position to enforce and stop infringement. This is not legal advice as...Read more »
Generally speaking, the same name (trademark) can be used in different categories as long as there is no "likelihood of consumer confusion." For example, there is the Lexus car, and the Lexis legal research software (which I use). This is not legal advice. Consumer confusion is many...Read more »
Letting songs play in full, I don't think that is the best idea. You could go through all the time and effort only to have it blocked when you try to load it or share it online. Music companies are famous for blocking things like this. If anything, I would use really short clips (this is...Read more »
My daughter is an artist, photographer, craftswoman, woodworker and a very creative person. She has been selling by word of mouth. She creates and re-purposes many different items putting her flair on them and is attempting to build a brand. She came up with a "company" name and wants to... Read more »
My mother makes animal carvings and sells them she looks at many things before making her own but does not follow any one thing when she makes her product. She made some animal carvings that have the same postures as the drawings in the book so they look the same but the drawings are much more... Read more »
Generally speaking (this is not legal advice) a Plaintiff alleging copyright infringement must show "access" to copyrighted work and "substantial similarity." Independent creation can be a defense to infringement. It sounds like you might want to have a copyright lawyer take a...Read more »
The Youtube TOS for the USA was updated on the 18th of November 2020, to state that Youtube has the right to monetise the videos on any channel, should they see fit, and, if the owner of said content is not a partner, Youtube is not required to pay them. The terms also state that the creator... Read more »
This is not legal advice and is general information only. When you sign up to use a website, usually there are terms of service you agree to when you click on the "I agree" button. Some call this "clickwrap license." If you want to use the service (in this case YouTube and...Read more »
On a Software License Agreement, EULA and/or any other such agreement: When the author is referring to itself for the purpose of identifying it as the licensor, or for any other reason required by the terms of the agreement, if the author is a sole proprietor, is the authors chosen trading name... Read more »
This is general legal information only and not legal advice. For me, if I was operating a software company, I would form a legal entity. It's not too expensive, and it looks a little more legitimate (I would think) to the average customer. Then, I would create the EULA using the name of my...Read more »
Go to USPTO search trademarks. See if anyone us using this in your classification. Also do a common law search (especially in the state you are planning to do business), and others. A lot of similar marks are allowed to co-exist, but do a little leg work and see what you find. Good legal. This...Read more »
I am a physician and I own many medical devices and equipments and medical supply that I use in my office for simple office procedures, for example a device to remove skin lesions, or a device to do biopsy etc. If I take a photo of these devices/equipment/supplies and publish them in my website (or... Read more »
This is not legal advice. Generally, when I do something like that, I will take a photo and if I use it on my website, or in a brochure, I will comment on the photo. For example, here is my Law Copier, I love this thing. This will help with a "fair use" defense if anyone tries to give...Read more »
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