if I were to post videos on youtube of me and some friends playing tabletop RPG based around copyrighted material (pokemon) could I be sued for copyright infringement and could I monetize it without legal repercussions?
This response is based on U.S. copyright law. Laws in other jurisdictions may be different.
While game rules are not protected by copyright, the manner in which they are expressed might be. Images (artwork, drawings, photographs, etc.) generally are protected by copyright. Names of games...View More
If the lyrics are truly public domain, and if the children's book does not infringe a copyright in a work that somebody else has created that is also based on the lyrics. The answer to this question is fact-specific, so you should consult with an attorney for a definitive answer.
A name isn't protected by copyright, but it might be protected as a trademark. In the U.S., an unregistered trademark is enforceable as a "common law" trademark. You run a high risk of trademark infringement liability if you use another company's brand for the same kinds of products or services.
In the United States, cancellation could happen for a variety of reasons. The most common ones are (1) Failure to renew it; (2) Failure to file an statement of use after filing an intent-to-use application; (3) Non-use at the time of the application (where the application was based on an existing...View More
I'm taking quotes from various TV interviews of Drs, medical studies and journals, and news articles ranging from topics on the vaccine to lockdowns, to masks, and treatment. I'm also commenting on the quotes while also adding criticism in some parts. I want to self publish the book for... View More
Under U.S. fair use doctrine, a limited portion of a work may be quoted for purposes of criticism, commentary, news reporting, or academic writing. There is no bright-line test for determining the amount that may be quoted. It depends on consideration of several factors.
If, as you say, it is copyrighted material that you are copying, then copying it could be infringement even if no distribution occurs and even if no commercial use is made of it. It would not be infringement, however, if the portion copied is not protected by copyright. For example, if the only...View More
I sell skincare. She sells weight loss tea. She trademarked a name that is similar to mine. I am first in use with sales in skincare. She is first in use with a category that she didn’t even register under the trademark and has no proof anywhere that she intends to sell in my category. She is... View More
The Trademark Modernization Act (TM Act) went into effect December 27, 2021. Under it, anyone can file a petition to expunge or reexamine a registration on the grounds that the mark was not actually in use at the time the registration was issued. I wrote an article about it here:...View More
Generally, you will need permission from the copyright owner to use a portion of their work. You have probably heard about "fair use." Contrary to popular belief, though, there is no bright-line test for how much of a recording is fair use. Courts weigh four different factors to make an...View More
In the U.S., trademarks arise through "use in commerce." "Commerce" means an actual commercial sale, lease or similar transaction involving a product or service. Reserving a domain name is important, but it isn't enough, by itself, to establish a trademark right. If the...View More
A trademark is what you are looking for. In the United States, they are established through use in commerce ("common law trademark.") To protect your rights in it, though, you should register it. Trademarks can be registered with a state or a federal government office. Federal...View More
If abandonment was due to unintentional delay in filing a statement of use or responding to an office action, you may file a petition to revive the abandoned application. If it was due to USPTO error, you can file a petition for reinstatement. In either case, the petition must be received in the...View More
Basic idea: while browsing online, people come across others that appeal to them in some way (insightful post, match in interests, etc). Normally, a long process of scanning through their content is then needed, to see if they match enough to be worth further effort.
As long as it is all public information, I don't see a privacy problem. Depending on the circumstances, "guessed relationship status" might possibly raise a legal issue if the guess is incorrect. Apart from privacy, there might be a patent infringement claim if someone else has...View More
A lot of academic journals, articles, etc. are only available to read behind paywalls. If I am looking to reference data, experiments, research, etc. from these resources in a digital publication can I do so freely? Moreover, can I/my organization still claim copyright/IP over the new publication?... View More
If it is strictly information that you would be passing along (as distinguished from copying the expression of it), then you wouldn't have a copyright problem. You might, however, have a breach of contract problem if your use of the website or the information published there violates the...View More
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