My photograph will only be viewed by the illustrator so they are able to create their own artwork based off the image and then sell their artwork, so I'm not sure if I would charge a licensing fee (and how to go about configuring that) or charge royalty fees. I'm having trouble... View More 
answered on Mar 27, 2018
As the creator of the work, and therefore the owner of the copyright (assuming you have not otherwise transferred the copyright or made the work as a work-for-hire), you have the exclusive right, among other rights, to create derivative works. An illustrator who creates illustrations from your... View More
will this stand up in court if proof of ownership is ever challenged.
state: TN
answered on Mar 13, 2018
You have described a "poor man's copyright." It's worth about as much as the piece of paper it's written on, but not after you add postage. Under U.S. law, a copyright comes into existence the moment the original idea is "fixed in a tangible medium" - when you... View More
with the income figure from the month before. My attorney says that we do not need to file amended prior to the 341 meeting and we will address it at the meeting. Do you agreee with this assessment?
answered on Feb 7, 2018
I agree with your attorney's assessment, assuming, of course, that you make this disclosure at the 341 meeting. Following the meeting, there may be other matters to address by amendment, so it makes sense to address them all in a single amendment.
We want to keep the house and other things but not the car. We found out that the car is only worth right at 8k but we still owe over 15k. What should we do? We are able to make the house payments but not the car.
answered on Feb 7, 2018
The answer to your question requires analysis of a number of variables that you haven't addressed, to determine whether you are eligible for chapter 7 relief (a so-called "fresh start," with discharge of all eligible debts) or would otherwise be required to file a chapter 13 case... View More
A buddy & mine want to perform this skit on stage; but want to make sure we won't be violating the copyright law. Any help would be greatly appreciated. Thanks!
answered on Feb 5, 2018
The copyright has PROBABLY fallen into the public domain, based upon case law. In a recent lawsuit decided by the Second Circuit Court of Appeals, a playwright had used about 30 seconds of the "Who's On First?" skit in a Broadway show, "Hand of God." The heirs of Bud Abbott... View More
answered on Jan 19, 2018
Unless you have permission or a license to use a picture of Bamm-Bamm as part of your logo, it is likely that your unauthorized use will infringe upon the owner's (probably Hanna-Barbera or ABC) trademark or other rights and expose you to legal liability.
I have created a lesson to accompany a novel to sell commercially to other teachers. Most book titles are not trademarked, but the novel title I created the lessons to accompany is listed as "trademarked". In the product, I refer to the title of the book multiple times and the activity... View More
answered on Jan 11, 2018
I'm not sure I understand your question. Please explain a little more. Thanks,
Mark A. Baker
If a brand name has been established but we had not trademarked the name and just recently found out someone else has can we legally no longer use the brand name?
answered on Jan 10, 2018
If the other party's use of the name has been trademarked through the USPTO, you may have an uphill battle. Much would depend upon the timing, although if your usage of the name commenced before the other party's use, and you can document this use, then there may be an avenue to proceed.... View More
If I make a derivative of an existing art work will that be my copyright or fair use of copyright .?
answered on Nov 22, 2017
Among other rights, the Copyright Act of 1976 (17 U.S. Code § 106) provides the copyright owner the exclusive right . . . “(2) to prepare derivative works based upon the copyrighted work * * *.” Derivative works are based on or derived from one or more already existing works. Copyright Office... View More
on it and sold it for less than was owed. Our daughter filed bankruptcy. My husband died. And the bank says that I must pay the $25000 plus interest. (Eventhough they had assured me after his death that I would not owe it). Do I have to pay it?
answered on Oct 20, 2017
Assuming that you have signed a personally guaranty of your daughter's mortgage loan, then it is likely that you have potential legal liability for the remaining deficiency following the foreclosure sale. However, in order for the mortgage lender to have the legal right to pursue you for that... View More
I'm running an online business in personalized video creations (photographs with music in the background). I have an itunes library of all the music I've purchased and I'd like my customers to be able to choose from them, or pick other musical selections that I would then buy from... View More
answered on Aug 25, 2017
Your use of others' music as you describe would be considered copyright infringement. When you purchase and download a song from iTunes, you only have the right to personal use of the song, and not the right to "copy" of otherwise "distribute" it, which is what you're... View More
I am in the process of completing what might best be referred to as a personal, book-length research paper. The work is a criticism of a particular field and its practices. As I am not an expert, I cite a significant amount of scientific literature, expert opinion from a wide variety of books, and... View More
answered on Jul 19, 2017
As you probably know, the fair use doctrine is not a black and white formula and its application involves a number of considerations. In general, though, it is an available defense against an infringement claim in works of criticism, as you have described your work.
A court will look at... View More
Does the performance have to be out of state for it to be interstate commerce?
answered on Jul 11, 2017
Among other things, in order for a 'mark' to be trademark-able (or service mark-able), it must be in current use in interstate commerce. Anything on your website that promotes your 'mark' - whether or not your performances are in another state - is being used in interstate... View More
I have composed and recorded about 15 songs. I am the sole creator and musician. I have copyrighted each song with the online copyright office. I registered them as "Works of the performing arts". So far, so good. But now I think I should have registered them as "Sound... View More
answered on Jul 11, 2017
I advise songwriters to register their underlying compositions (on form PA) as soon as they are in a solid form, that is, with lyrics, chord changes and melodies. These songs may have been recorded as 'demo' versions. This way, you can circulate your music to others before you're... View More
And I don't understand if there's a difference between label and a trademark and in order to have my own "productions" which one do I need?
answered on Jun 6, 2017
I assume you're referring to a record "label" and the productions that label produces. Here's the definition of trademark and service mark found at the Trademark Office: A trademark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of the... View More
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