answered on Mar 21, 2023
No, changing the basic media player does not qualify for a patent. Patents are only granted for inventions or innovations that meet certain criteria, including novelty, non-obviousness, and usefulness. In order to be eligible for a patent, an invention must be a new and useful process, machine,... Read more »
answered on Mar 19, 2023
The Mach 1 nameplate and images are likely protected by trademark and/or copyright law, so you would need to obtain permission from the owner of those rights before using them for your merchandise and certificates.
In this case, the owner of the Mach 1 nameplate and images is likely Ford... Read more »
I wrote this in my book dedication “thanks to my dog and all the movies i’ve watched, remember spidey’s uncle said “with great power comes with great responsibility”
Can I keep it in my book without getting sued
answered on Mar 13, 2023
The phrase "with great power comes great responsibility" is a well-known quote from the Spider-Man comics and movies. While it is possible that the copyright owner of Spider-Man could technically sue you for using the quote without permission, it is unlikely that they would actually do... Read more »
Many websites offer professional development credit for book studies to teachers who pay to take their courses. Can I legally create a course based on someone else's book as long as I encourage students to buy the book and I do not copy any text from the book?
answered on Mar 10, 2023
As long as you are not infringing on the author's copyright, creating a course based on someone else's book may be legal. However, you should ensure that your use of the book is considered "fair use" under copyright law. This can depend on factors such as the purpose and nature... Read more »
So there is a soundtrack album that a song with lyrics that appeared in the album, and this album is almost all instrumental music except for that one song, the song had the same composer but it had 2 writers for the lyrics and it had "Copyright Control" next to to their names. And this... Read more »
answered on Mar 8, 2023
The term "Copyright Control" next to the writers' names on the soundtrack album means that they are the copyright owners of the lyrics of the song. This term is often used when the copyright owner of a musical work is unknown or not specified.
If the song only appeared in the... Read more »
answered on Mar 8, 2023
To obtain the right to sell Scooby Doo pictures from Hanna-Barbera Productions, Inc., you would need to obtain a license or permission from the company. This would involve contacting the company and requesting a license agreement or permission to use their intellectual property.
You may... Read more »
I want to write a book about "iconic cars in history" can I use car brand, models and their pictures inside my book?
answered on Mar 4, 2023
It is possible to use trademarks in book content, including brand names and model names, as long as you are using them in an editorial or descriptive manner to refer to the products themselves. However, you should be aware of the limitations of trademark law.
In general, using a trademark... Read more »
I operate a Facebook group based on a popular television show, and it has grown to over 100,000 members. We are considering monetizing the group to sell apparel, accessories, etc. with quotes and graphics from the show. What is considered copyrighted material, and therefore not able to monetize,... Read more »
answered on Mar 1, 2023
If you are considering monetizing products based on a popular television show, you should be aware that many elements of the show, including quotes, characters, and names, may be protected by copyright law. The copyright owner of the show has the exclusive right to reproduce, distribute, and... Read more »
A producer has produced a movie and copyrighted the movie under his own name. The issue is that myself, and my non-profit charity foundation which is set up to help children with cancer, are all equal share owners of a movie with the producer. All three of us share the same percentage ownership in... Read more »
answered on Feb 26, 2023
If the contract that you signed with the producer does not grant the producer sole ownership of the copyright, and the producer did not list all three owners on the copyright registration, you may have legal recourse to seek an order that the producer list all three owners on the registration.... Read more »
I had an onlyfans page where I shared explicit content behind a paywall. One of my subscribers then illegally downloaded one of my videos and then posted a link for others to download on a leaked nudes forum. I know who the person is, could I sue them for sharing the content without my consent... Read more »
answered on Feb 20, 2023
Yes, in California, you may be able to sue the person who shared your explicit content online without your consent. California has laws that protect individuals' privacy rights, including the right to control the use and dissemination of intimate images.
Under California's Revenge... Read more »
answered on Feb 20, 2023
In general, copyright law gives the owner of a copyright the exclusive right to perform the work publicly. This means that if someone performs another artist's song on social media without permission, they may be infringing on the artist's copyright.
However, there are some... Read more »
Would this still fall under copyright infringement? It’s pretty much just a list of facts to know that will likely show up on the test in the form of questions and answers.
answered on Feb 20, 2023
Creating a study guide based on your recollection of a test could potentially be considered copyright infringement if the questions and answers are substantially similar to the original test. This is because the questions and answers on the test are likely considered original works that are... Read more »
They have the same name: archangel. They both superheroes. They have a similar look (human with wings... Like an angel). But that's it.
The story is radically different. Marvel's archangel is a mutant originally called angel until his wings are replaced by mechanical wings. That... Read more »
answered on Jan 25, 2023
This is more of a trademark issue than copyright, unless the image of your character is identical to the Marvel character.
ARCHANGEL was a registered trademark of Marvel in 1994 for comic books, but that registration was cancelled in 2005 for failure to file a statement of continuing use.... Read more »
I had a clupstore open on an adult clipsite. I was able to upload MP3 audios and get paid when people purchased them . One day out of nowhere I received an email from the clipsite I did business with and it simply said that my store was permanently terminated and closed due to DMCA. I had never... Read more »
answered on Dec 27, 2022
Using film clips owned by someone else without their authorization violates the copyright. If the film clip was posted online, it might be taken down through the Digital Millennium Copyright Act (DMCA). The DMCA allows individuals to file a complaint with website administrators when they believe... Read more »
Trademarks vs. copyrights? I have a business where I create websites and apps. I am not inventing anything new just adding a different take on already existing products. For example, I am doing a mindfulness app for kids. Do I need to trademark everything I do or can I just copyright my work?
answered on Nov 12, 2022
Most businesses do at least "bare minimum" in case of trademarking and that means that they try to trademark at least their main business name and their main product name. Even though copyright protection might extend to some of your business outputs, it does not offer you the trademark... Read more »
Would this hold up in a court if you were to sue them when you were just selling a real (and more likely used) zippo?
And what if you painted the lighter to decorate it? would Zippo be in the right then for modifying it?
answered on Oct 31, 2022
Speak with an intellectual property attorney in your area. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]
Let us say that Country XYZ has no such thing as copyright infringement and they make musical gear
with preexisting recordings from other companies, and it is perfectly legal in that country.
If a musician in the USA, where it would not be legal to use preexisting recordings from... Read more »
answered on Oct 23, 2022
What you propose sounds a lot like copyright infringement. I don't understand your terminology--like what do you mean by "gear". An instrument, to me, is a horn, a guitar, a piano, etc., not something that reproduces pre-recorded data.
Hello. If I wanted to purchase a virtual synthesizer from a developer abroad that followed the sampling laws of the country it was made in, could I use that synthesizer in my music? In other words, if the sampling laws of that country were different than that of the US, how would that effect what... Read more »
answered on Oct 23, 2022
I don't really understand your question, but intellectual property protections like trademarks, copyrights and patents protect the owner's rights, not yours nor that of the U. S. Government--while there are criminal infractions of various relevant statutes.
If you have permission... Read more »
I'm writing a 30 to 40-page e-book for screenwriters on how to incorporate hidden movie Easter eggs in their scripts to deepen the meaning of their story and keep viewers coming back to see their movie over and over again.
I'm analyzing three particular movies. Within the... Read more »
answered on Oct 5, 2022
Copyright Disclaimer under section 107 of the Copyright Act 1976, allowance is made for “fair use” for purposes such as criticism, comment, news reporting, teaching, scholarship, education and research. Fair use is a use permitted by copyright statute that might otherwise be infringing.... Read more »
It's a commissioner not a judge . And the Honorable un separate action took RJN of the Disqualified Case. within consistent ' FACTS ' noticed. 3rd world....
answered on Sep 30, 2022
if this is a Commissioner and not a judge, just don't stipulate..........don't waste your 170.6
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.