Get free answers to your legal questions from lawyers in your area.
My art wouldnt be a copy and paste situation. For example, Its more or less a 3d sock puppet that looks like superman.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 19, 2022
Generally speaking, you need to be careful when tying to use copyrighted pictures, images, characters, or real living third party persons in your NFT's. I know this is a new area of technology, but traditional principles of copyright law still exist. Unless you are making a COLLAGE, for... View More 
I have already asked this question. How do I use a person's name in a screenplay without asking for permission?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 11, 2021
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... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 26, 2021
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... View More
The names are the same there our no pictures of the charcters them self can i write the book under section 107 of the fair use act
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 26, 2021
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... View More
N/A
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 20, 2021
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:
1. Is the photo... View More
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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 14, 2021
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... View More
My family and I play dnd as a small group. Is it legal for us to use images from google as tokens for our characters?
The tokens do not get distributed and the images are only seen by us.
Would this qualify as fair use or would we need to seek permission to use the pictures.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 8, 2021
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... View More
Can I use the names of real players in the game? For e.g Harry Kane
If I cannot use real player names, can I use fictional names that are close to the real name. For e.g. Harry Kane becomes H Kene?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 28, 2020
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... View More
I had downloaded a file from torrent and deleted it immediately from my system. I just received a notice that my IP has been associated with such an activity. Now, what can I do?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 24, 2020
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,... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 9, 2020
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®
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 8, 2020
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... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 7, 2020
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... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 5, 2020
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... View More
My partner and I are looking to start a podcast where we hit shuffle and let five or so songs play in the background while we discuss the songs and build a story on top of them.
We use the lyrics, mood, and artist’s info to pitch a short story, simultaneously commenting on the music and... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 5, 2020
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... View 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... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 4, 2020
I have a video on this that many thousands have enjoyed. See you at the top! Attorney Steve®
https://youtu.be/8gSE59gC94c
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... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 29, 2020
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... View 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... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 25, 2020
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... View 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... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 24, 2020
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... View More
I want to use the initials GTFO.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 9, 2020
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... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 29, 2020
hard to say. I would ask, what are you trying to accomplish? Maybe you can come up with something unique?
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.
