Get free answers to your Copyright legal questions from lawyers in your area.
I’m a full blood Mexican born of Delano my grandpa has land here he had lots of land growing up
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answered on Apr 24, 2023
When it comes to property taxes and equal rights, it's important to recognize that these are complex issues with many different factors at play.
While it may be tempting to suggest that property taxes be lowered for certain groups, such as those who own property or those with specific... View More 
Say, I read the code of a GPL'd program and wanted to write my own version, not copying any of the code from the program, just utilizing the idea of how it works. Would still be forced to license it as GPL?
Another example is if I wanted to port a GPL'd driver to another kernel. I... View More
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answered on Apr 22, 2023
Copyleft licenses like the GPL, which are designed to protect the freedom of code, are governed by specific rules that determine the permissible use of the code. Let me explain the technicalities of your questions.
If you read the code of a GPL'd program and want to write your own... View More
When you charge per order fees for things such as payment processing, shipping insurance, currency conversion, shipping and handling and or chargeback protection. Are they considered a financial benefit in the DMCA safe harbor?
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answered on Apr 16, 2023
Fees such as payment processing and currency conversion are generally not considered a financial benefit in the DMCA safe harbor. The DMCA safe harbor is a provision that limits the liability of internet service providers for copyright infringement by their users. To qualify for the safe harbor,... View More
For example, if Joe parodies "Hotel California", does the label representing that song have the right to monetize the parody?
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answered on Apr 14, 2023
If a musical work is deemed to fall under "Fair Use," the original artist or label is generally not entitled to royalties. Fair use is a legal doctrine that allows for the limited use of copyrighted material without requiring permission from the original copyright holder. However,... View More
What are some examples of direct financial benefits in Section 512(c)(1)(B) DMCA Safe Harbor provisions?
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answered on Apr 12, 2023
Section 512(c)(1)(B) of the DMCA safe harbor provisions applies to online service providers who store user-generated content on their platform. The provision shields these providers from copyright infringement liability, provided they meet certain conditions, including not receiving a direct... View More
Are product sourcing Shopify apps eligible for protection under the DMCA (Digital Millennium Copyright Act) safe harbor provisions?
Are Shopify apps considered an online service provider?
In the Shopify Partner Agreement, apps aren’t allowed to infringe on others intellectual... View More
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answered on Apr 12, 2023
The DMCA (Digital Millennium Copyright Act) provides safe harbor provisions for online service providers, which may include Shopify apps that facilitate product sourcing. However, whether a specific app is eligible for protection under the DMCA safe harbor provisions would depend on several... View More
the custom is done on a real card with custom art on front
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answered on Apr 9, 2023
No, it is not legal to sell custom cards of a copyrighted card game like Pokemon without permission from the copyright holder. The custom art on the front of the card would likely be considered a derivative work, which is protected by the same copyright as the original game.
Selling such... View More
I am considering creating a series of sketch art based on professional sports teams, e.g. Baseball, Football, Basketball, Hockey, Soccer etc... Just want to make sure I won't be sued if I create these using royalty free images and sell them online on digital market places like Etsy or Amazon.
answered on Apr 1, 2023
The terms of the copyright "license" will dictate how royalty free content can be used. Using content in a way that the license doesn't authorize it to be used will run afoul of the law.
Sports teams are notorious for going hard in the paint to prevent others from misusing... View More
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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,... View 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
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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... View 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?
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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... View More
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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... View More
I want to write a book about "iconic cars in history" can I use car brand, models and their pictures inside my book?
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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... View 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,... View More
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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... View 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... View More
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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.... View 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... View More
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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... View 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.
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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... View 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... View 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.... View 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... View More
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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... View 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... View More
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