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Questions Answered by Enrico Schaefer
2 Answers | Asked in Copyright and Intellectual Property for Washington on
Q: I have a questions about copyright infringement and my stolen content

Hello, I am an artist known by the name LeopARTnik (everyone calls me Leo). I create different content but lately, it is short video animations. I am not making money on my work yet. I am still growing and building my audience but it is growing rather fast. The issue I want to discuss is related to... Read more »

Enrico Schaefer
Enrico Schaefer answered on Mar 30, 2020

This is a common problem. The first thing you should do is register your copyrights. You typically have less leverage if you are not registered. Registration will definitely help you with infringement moving forward. I would need to know more about where the works are being copied from and other... Read more »

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2 Answers | Asked in Copyright for California on
Q: Licensee Exam Questions - Copyrights

Does a self-note wrote down after the exam violates the copyrights by reproducing the exam questions? Do they have the authority to invalidate my results because of that?

Enrico Schaefer
Enrico Schaefer answered on Oct 28, 2019

Potentially, yes. these are always fact specific questions. one fact can change the answer. but if you copied questions that are copyright protected, even from memory, there might be an issue. The real question would be what you intended to do with them next.

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1 Answer | Asked in Copyright for Florida on
Q: Copyrights of public places. Coloring book of public places.

Good day!

I'm working on coloring book for my neighborhood.

If I make a photo of public place and then make a coloring book by sketching the photos then which copyrights I should wary about?

Is it "transformative" art or not?

How I can check the... Read more »

Enrico Schaefer
Enrico Schaefer answered on Oct 25, 2019

A building itself is not a copyrighted work. A picture or painting of a building is fixed in tangible form, and becomes copyrightable. There are possible trademark issue if a building is part of a mark (think statute of liberty and liberty mutual). The TM issue does not seem to apply to your book... Read more »

2 Answers | Asked in Copyright and Patents (Intellectual Property) for Ohio on
Q: How do i find out if someone has a patent on an idea

I worked for a company that had many non-disclosure agreements

Enrico Schaefer
Enrico Schaefer answered on Oct 24, 2019

Hi. Good question. You have to do a prior art search. Not an easy thing to do, often containing two levels. First is a outsourced company doing the prior art search. Second, a patent attorney analyzing and providing opinions on the prior art.

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1 Answer | Asked in Copyright for Kansas on
Q: Do I need a copyright license?

My fraternity is wanting to host a movie week, where we show a different movie every night, and charge people to come and watch it. The people coming will only be people we know and the movie will be shown on private property. So, I was wondering if we need a copyright license to show these movies.

Enrico Schaefer
Enrico Schaefer answered on Oct 15, 2019

Why not charge for something besides the movie?

2 Answers | Asked in Copyright and Trademark on
Q: Hello, I was wondering if it's possible to get rights to NOS trademark?

I have started car freshener company and I would like to sell fresheners with NOS logo. As I understand NOS logo is trademarked and I want to know if it's somehow possible to sell fresheners with their logo?

Enrico Schaefer
Enrico Schaefer answered on Oct 15, 2019

Yes. Licensing deals between trademark owners and third party products happen all the time. When we are doing these deals we first reach out to see if they have a licensing program. If so then get with the program. If not there is more negotiation required.

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2 Answers | Asked in Gaming and Copyright for North Carolina on
Q: What legal issues are there to cloning a game and "reskinning" it, akin to how monopoly clones exist everywhere?

DaVINCI EDITRICE S.R.L., VS. ZIKO GAMES, LLC, et al., in CIVIL ACTION NO. H-13-3415 cited a card game's mechanics aren't protected, I'm looking - quite literally - to copy a card game (as the defendant in the cited case) that is no longer in production by reskinning the game and... Read more »

Enrico Schaefer
Enrico Schaefer answered on Oct 15, 2019

Games can be copyrighted as can the rules. So skinning a game can cause a variety of legal issues. I would have an attorney do a detailed analysis. One fact can change the result.

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1 Answer | Asked in Constitutional Law and Internet Law for Florida on
Q: Can I get into legal trouble for using a picture of my ex and I as a blog header?

Hey! So June of 2018 I posted a blog post about an old relationship I had. As the cover photo I used a picture of my ex and I (prom). I never used his name or etc. I recently was contacted by his wife freaking out about the picture that’s been up for over a year now. Can i legally get in trouble... Read more »

Enrico Schaefer
Enrico Schaefer answered on Oct 15, 2019

There is always risk and the devil is in the details. However, there are a couple of issues to consider:

1. Who took the picture? That is the copyright owner. Your use may depend on having the right to use the picture for this purpose. You would likely argue that the photo is subject to...
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1 Answer | Asked in Trademark on
Q: Can you use BEme as a company name if it is unrelated to the product/service currently holding the trademark?

It would be an abbreviation of BE Middle East

Enrico Schaefer
Enrico Schaefer answered on Oct 13, 2019

The devil is in the details. One fact can change the risk. So doing a full analysis of the mark, other uses, the description of services, your proposed services, among many other factors is the only way to provide a legal opinion. The good news is that you have asked the right question. The more... Read more »

2 Answers | Asked in Trademark for California on
Q: I, Edwin see a phrase on a website and I would like to put a Trademark. Can I just Register the Trademark?

Trademark/Phrase not Registered and would like to take over?

Enrico Schaefer
Enrico Schaefer answered on Oct 4, 2019

Is the phrase on your website? Or someone else’s? If it is a phrase that is linked to a product or service that you provide then you can typically trademark the phrase or slogan. If you want to reserve it you can file in intent to use trademark putting a marker down. You will have one year to... Read more »

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1 Answer | Asked in Copyright and Intellectual Property for Illinois on
Q: Hi How much do you charge for getting me a trademark registered'
Enrico Schaefer
Enrico Schaefer answered on Oct 4, 2019

If you need a trademark availability opinion before you register, that is $800 including the third-party fees. If you need trademark registration, that is $1200 including USPTO fees

1 Answer | Asked in Copyright for Florida on
Q: A teacher wants to place a .pdf of an article he cowrote in his online course, does he need permission of the coauthor?

Or is this a copyright violation?

Enrico Schaefer
Enrico Schaefer answered on Oct 4, 2019

I assume there is no written agreement between the authors. The terms of the rights between authors would be implied from the circumstances. These matters are usually about how much risk, rather than absolute answers. The good news is that educational use (commercial; no royalties or license... Read more »

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