Get free answers to your Copyright legal questions from lawyers in your area.
answered on May 19, 2020
Best to read the Terms of Use for each source of the clip art to see what are approved licensed uses. Your activity may be approved, but you would want to copy out and keep such authorization materials. Also, under the defense of "fair use" against copyright infringement, if what you... View More
While family was occupied with final arrangements/grieving, a third party filed for licensing to the name and image my relative went to extreme lengths to protect in life. So now essentially this person owns my relative. The family does not have the financial resources for a court battle. We simply... View More
answered on May 18, 2020
My understanding is that California has strong laws that protect the Right of Publicity (right to exploit one's fame for famous people) and Right to Privacy. It would be good to get advise from a California attorney familiar with these 2 torts. The laws may allow you to collect... View More
What is the case that we can file against them?
answered on May 15, 2020
It sounds like a question of whether the organization is violating your right of privacy. Check to see whether you were given notice of their intention before you attended the event so that it could be said you consented to their use by participating in the event. Look closely at the invitation... View More
I'm looking to trademark a business name (call it "FishExample"). FishExample is currently trademarked for "furniture to store fishing supplies and goods". My FishExample business will be an online community/resource for fishermen (unrelated to furniture, but tied into... View More
answered on May 15, 2020
As usual with so much in the law, the answer is, "It depends." A trademark owner acquires rights in their mark, whether for goods or service, by using it in ways that convey to consumers that there is a particular source offering the goods/services. From what you write, it is not clear... View More
I'm currently working on a soundtrack and considering using a verbally spoken speech.
answered on May 12, 2020
If the speech or poetry does not belong to you, then you will need to obtain permission/license from the copyright owner in order to incorporate this intellectual property into your soundtrack.
answered on May 8, 2020
The answer to your question is "no." The exclusive rights in copyright last the life of the author (creator of the work) plus 70 years, and in the case of a company the rights last 95 years from publication.
Would I be infringing on the NFLs Copyright ? It would clearly be a parody but the cartoons are heavily inspired by NFL logos as they are super fans of each team .
My name is visible, as my Twitter handle.
answered on May 1, 2020
It depends on how the tweet was used, but more than likely, there is no recourse for damages.
We’re worried that because Disney is so strict with their brand that they’ll take down our videos if their logo is showing anywhere on the screen. This is for YouTube we are only reviewing our personally owned products.
answered on Apr 21, 2020
Keep in mind that "fair use" is a defense to infringement. And yes, you're correct that Disney is very litigious, but reviews and commentary are protected under the statute.
Hello, I own a packaging company located in California. We have a client who just put in a very large order for custom boxes for his vape pen/CBD products.
Turns out he's importing generic vape cartridges and CBD products, putting them in nice packaging with known brand names, and... View More
Nearly 13 years ago I created my first debate camp for homeschool kids at a private university in California, but recently forced to move locations two years ago because I was told campus space was no longer available (My brand is separate we simply rented space there). So you can imagine my... View More
answered on Apr 18, 2020
Depending on what your underlying agreement with them said and how much advantage they actually took, like staff members, mailing lists, etc., you may have some leverage to go after them. Seems like this summer that's not gonna happen anyhow, so, in a way, this break is a blessing for you in... View More
Since he never paid me and I edited the video myself, do I have the copyrights of my own image?
answered on Apr 19, 2020
Yes
You do
unless there is an agreement that you gave him your rights, you still have them
Current recordings are from one to 30 minutes each; future recordings may be one or more hours.
Most for children, some for adults.
Poems, fables, stories by authors such as Pushkin, Tolstoy and others.
All source material is 70+ years old, in public domain. ~30 recordings... View More
answered on Apr 16, 2020
You have raised a very interesting set of question, which contains several copyright related issues to be considered. While the underlying literary works may be outside of copyright protection, your wife's recordings are derivative of those works and it seems would have their own level of... View More
I will be using this name to represent myself in front of an audience and may create logos with this name tied along. I will not be using the actual Dreamworks character in the branding. Thank you for answering.
answered on Apr 16, 2020
Very possible.
It will be up to the owner of the character to do anything about it.
You should consult with an attorney.
This would be just a directory of doctors and their business information found on their website.
answered on Apr 14, 2020
You are in risky territory
Besides having a consultation with an attorney, you should consider having an engagement plan with the doctors so you can remove them and change information.
www.legalbizglobal.com
I am an adjunct lecturer at a university in California. My employment status is part time and varies from quarter to quarter. I have evidence that all my teaching materials including lectures, power point slides, quizzes, exams, etc. are readily available for download from a University server.
answered on Mar 25, 2020
Unfortunately, they might because the materials were created during the scope and course of employment for the purpose why you were hired. You may want to check your employment agreement if you have one because ther usually is a clause regarding the ownership of intellectual property.
Hi. "Phantom of the Opera", the classic 1925 silent film is in the public domain. Does this mean I can legally print a t-shirt with the Phantom's face on it? I don't want to be sued by Lon Chaney's family for infringement. Can I use this image as long as it doesn't... View More
answered on Mar 12, 2020
Keep in mind that while a work may no longer be protected by Copyright that doesn’t mean it’s not protected by trademark if the brand is still being used. Also, while the 1925 film may be in the public domain other derivative works like the Broadway musical may not be.
All products in question were removed from my webstore. And a credit was issued by my manufacturer. They claim that the product itself is not in violation just some of the designs
answered on Mar 5, 2020
You may want to send a brief reply putting the email sender on notice that there is nothing there-there to pursue. If you do not reply they may get more aggressive based upon misinformation which may cause you problems and further involvement that you do not need. If you provide them the... View More
Our company made it to the INC 5000 list and we wanted to show that we are part of that list on our website by displaying the INC 5000 logo. They want to sell us a 12-month license to their logo for a ridiculously high price so I wanted to know if we can take their logo online and just post it... View More
answered on Mar 2, 2020
Usually the use of someone's logo involves a license. You can link to the article on their website but to use their logo may be problematic.
answered on Feb 24, 2020
Check the Current Owner(s) Info and Attorney/Correspondence Info tabs on USPTO's TSDR link for the subject trademark. You can either reach out directly or through counsel. Both approaches have advantages.
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.