Ask a Question

Get free answers to your Copyright legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Copyright Questions & Answers
1 Answer | Asked in Copyright, Business Law, Civil Rights and Entertainment / Sports for New York on
Q: If I shoot a music video for a new song in public, and regular people wind up in the recording, is that a problem?

We are planning to shoot a music video for a new song in various locations, Arizona, California, Nevada, New York. The video will be published to YouTube for the band. Normally on a set, the actors and everyone involved know they will be in the music video. However, this video will be out in public... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 17, 2024

When filming a music video in public spaces, it's important to understand the legal implications of capturing individuals in the background. Generally, people in public places have a lower expectation of privacy, meaning they can be filmed without explicit consent, especially if they are not... View More

2 Answers | Asked in Copyright on
Q: Hello im a small business owner and designer using public domain characters and images in my products

Recently my amazon seller account was shut down and I was asked to supply brand authorization (apparently a company had trademarked a public domain character ) I know that Im able to use public domain free of copyright

I have never used any assets from this trademark holder. Is there a way... View More

Giselle Ayala Mateus
Giselle Ayala Mateus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 13, 2024

As a small business owner using public domain characters, it's crucial to understand the difference between copyright and trademark law, especially when selling on platforms like Amazon. Public domain works are free from copyright, allowing you to use them without restriction. However,... View More

View More Answers

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Copyright for Tennessee on
Q: If Apple, rakuten, Barnes and Noble are selling my ebooks without my permission even after cease and assist what do I do

I found my ebooks on multiple different platforms Apple to rakuten to Barnes& Noble a few other places. They were selling my ebooks without my permission not having a contract with them. I send him a cease and assist and I am the intellectual property owner and the copyright owner and I have a... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 11, 2024

If your ebooks are being sold without permission by platforms like Apple, Rakuten, and Barnes & Noble, and your cease and desist requests have been ignored, you have several steps you can take to protect your rights. Since you already have a federal copyright registration, you are in a strong... View More

2 Answers | Asked in Copyright, Business Formation, Business Law and Trademark for Florida on
Q: Can I create a magazine with the name Pulse
Giselle Ayala Mateus
Giselle Ayala Mateus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 11, 2024

Creating a magazine with the name "Pulse" may involve potential trademark issues, as the name is quite common and could already be in use by other entities in various industries. Trademark law is designed to protect brand names and logos that are used to identify goods and services. If... View More

View More Answers

2 Answers | Asked in Copyright for New York on
Q: hello, I was looking to make a website like rotten tomatoes for WWE where people can rate there favorite matches and cre
Giselle Ayala Mateus
Giselle Ayala Mateus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 10, 2024

It seams the question is incomplete. However, these are my comments: (THIS IS NOT LEGAL ADVICE)

Creating a website where users can rate and discuss WWE matches involves several potential legal considerations, particularly related to copyright and trademark issues. Here’s a breakdown of...
View More

View More Answers

2 Answers | Asked in Copyright and Intellectual Property for Texas on
Q: Can I sell custom home decor that plays a celebrity song? It was going to be upcharged service fee

I'm making home decor type gifts customizable, a customer can request the item to play their favorite celebrity song or tune. I Want to know if I can legally do this and if I can have item play either full song, partial song, just chorus, or instrumental

Jennifer Newton
Jennifer Newton
answered on Sep 9, 2024

Your idea of creating customizable home décor that plays celebrity songs is a unique and creative venture. However, using copyrighted music in products raises several legal concerns, and it’s essential to ensure you're compliant with intellectual property laws.

Here are a few key...
View More

View More Answers

1 Answer | Asked in Copyright, Entertainment / Sports and Intellectual Property for California on
Q: Is it legal to release music about a TV show using the name of the show and characters within it?

For example, could a musician release an original song called "Star Wars is Awesome" that talks about characters within Star Wars using lightsabers, etc. The music is completely original, doesn't use samples, and it doesn't talk poorly about the franchise or characters.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 9, 2024

Creating music that directly references a TV show, its title, and its characters can potentially lead to legal issues. The show's name, characters, and other iconic elements are often protected by copyright and trademark laws. Even if your music is entirely original, using these elements... View More

1 Answer | Asked in Business Law, Copyright and Trademark for New York on
Q: I sell custom handmade tie dye for $40 and received a custom order request for a killer klown tie dye. Can I do this?

Everything is hand drawn by me, and each custom order is an original design.

The design:

I've used one of the characters as a reference, and the movie poster image.

My version of one of the clowns is on the front, the shoulders have a pink that drips down the front and... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 7, 2024

When creating and selling custom art that incorporates recognizable characters or elements from copyrighted movies, it’s important to consider the legal implications. Even if the artwork is hand-drawn and each design is unique, using characters or distinct elements like taglines from copyrighted... View More

1 Answer | Asked in Contracts, Copyright, Employment Law and Business Law for Maryland on
Q: Can I collect on an agreement via email to furnish proprietary information with promise of hire? or Compensation?

Employer lives in Elkton, MD. I live in Florida. We agreed during interview that I would be getting started. That was verbal. Then via email it was agreed that in furnishing proprietary information to demonstrate my skill and abilities, I would be getting an offer within the next week. After... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 7, 2024

You may have a valid claim for compensation or breach of agreement if the employer benefited from the proprietary information you provided based on the promise of a job offer or compensation. Even though the agreement was informal and communicated via email, such agreements can sometimes be... View More

1 Answer | Asked in Copyright, Entertainment / Sports, Intellectual Property and Trademark for Texas on
Q: Can my wife be sued for TikTok or Instagram content that uses edited audio book clips?

My wife cosplays a book character on TikTok and Instagram. In many of her videos she uses audio that another creator has edited together from the Graphic Audio Book. All less than a minute long. On TikTok the sound links automatically to the other creator, but on Instagram she tags the creator of... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 5, 2024

If your wife received a direct request from Graphic Audio Book to remove videos containing their audio, she should take it seriously. The company may have the legal right to protect its copyrighted material, even if it is edited or used in short clips. Ignoring the request could lead to potential... View More

1 Answer | Asked in Copyright on
Q: How do I get a g59 MERCHANDISING, LLC sales license

How do I get a g59 MERCHANDISING, LLC sales license

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 4, 2024

To obtain a sales license for G59 MERCHANDISING, LLC, you will first need to determine the type of license required. This depends on the type of merchandise you plan to sell, the location of your business, and the specific regulations in your area. Start by researching your state's or... View More

1 Answer | Asked in Copyright and Intellectual Property for New York on
Q: Stolen song published w/o my consent in 2010. Now it's platinum. I'm being sued by the thief b/c I stopped pub deal wtd?

Song published initially 2010, licensed over a dozen times globally w/o my consent. Now song the song was released again by a major label w/o my consent and it's platinum. I stopped the original thief's attempt to get paid from a publishing deal using my song as he is in efforts with the... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 4, 2024

Given the complexity of your situation, it seems you have strong grounds to take legal action against the foreign branch of the American company. The fact that they filed multiple copyrights in the U.S. could indeed provide a basis for U.S. jurisdiction. This point strengthens your position to... View More

2 Answers | Asked in Copyright, Personal Injury, Intellectual Property and Libel & Slander for Ohio on
Q: Can I send a cease and desist letter for defamation/ libel?

I recently watched a presentation of a marketing and sales coach who gave names of his clients as examples. I reached out to a client who was in a similar industry to me to both find out more about her offerings for my own life but also to learn more and gain insight from her sales process. The... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Aug 30, 2024

Your inquiry to the client who had been identified by the coach was perfectly reasonable and defensible, so the threat of retaliation was bluster. The threat to cause you harm is "actionable", that is, you could sue for it to get an injunction and possible money damages. So, challenging... View More

View More Answers

1 Answer | Asked in Copyright for Utah on
Q: Suppose I found out a famous actor/director is going to turn my life story into his next movie. How can I stop him?

I can't prove he's doing it but I'm sure his plan is to say it was coincidence and change the names and places. Is there anything I can do that would stop him from doing this, or do I just wait for the movie to be released and hope for the best?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 31, 2024

If you believe that a famous actor or director is planning to base a movie on your life story without your permission, you have options to protect your rights. Even if they change names and places, the story's core could still be recognized as yours. To take action, you can start by... View More

1 Answer | Asked in Copyright and Trademark for California on
Q: Can I use "We the people" in an original design

it is going to go on a t shirt in the original font that was on the constitution. Also, the design is not trademarked or anything like it is not appearing

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 29, 2024

Yes, you can use "We the People" in your original design for a t-shirt. The phrase itself is in the public domain since it's from the U.S. Constitution, a government document that isn't subject to copyright protection. This means you can use the words freely without needing... View More

1 Answer | Asked in Business Law, Internet Law, Copyright and Intellectual Property for South Carolina on
Q: Can I use publicly available videos if someone says 'Yes' in a direct message on social media?

I run a marketing company. I sell social media short video services. To make the short videos, I repurpose existing videos. I've gained access to these videos by asking people online if I can use their videos for this exact purpose. They will simply reply back with 'Yes' or... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 31, 2024

While receiving a "Yes" or "Sure" in a direct message provides some level of permission, it may not be enough to protect you from potential legal issues. Verbal or written informal agreements, like those made in social media messages, might be considered valid, but they can be... View More

1 Answer | Asked in Copyright and Intellectual Property for North Carolina on
Q: The church copyright exemption for music public performance includes Sunday school?

I'm a Sunday Bible school teacher for children at my church, and I sing songs with them during our class. Is that legal?

If I start playing the guitar with these songs, would it still be legal? Everything is done in our church kid's classroom

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 30, 2024

Yes, you can legally sing songs with the children in your Sunday school class under the church copyright exemption. The exemption generally covers performances of music as part of a religious service, and Sunday school can be considered part of the church's educational and religious... View More

2 Answers | Asked in Copyright for North Carolina on
Q: Can I print Bible verses from a modern Bible translation to make bookmarks and give to the church members for free?
Alan Harrison
Alan Harrison
answered on Aug 29, 2024

You certainly can. Whether you would be likely to get sued is a different question, and whether you would be likely to lose such a lawsuit for copyright infringement is a third question.

Question 2: if you're just making bookmarks for fellow churchgoers, it's unlikely the Bible...
View More

View More Answers

1 Answer | Asked in Copyright and Trademark for Pennsylvania on
Q: would jpwonka brand infringing any trademarks such as Wonka etc..?

I run a chocolate store and want to start a website jpwonka.com (my first name is JP)

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 30, 2024

When considering the use of the name "jpwonka" for your chocolate store website, you need to be mindful of potential trademark issues. "Wonka" is a well-known trademark owned by Ferrara Candy Company, which holds the rights to the "Wonka" brand associated with candy... View More

1 Answer | Asked in Copyright, Criminal Law and Identity Theft for California on
Q: Hello, Do you serve the Oakland CA area?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 28, 2024

I understand your concern and the importance of finding the right legal help. Unfortunately, I do not serve the Oakland, CA area directly.

However, I recommend looking for local attorneys who can assist you with your specific legal needs in the Oakland area. It’s crucial to connect with...
View More

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.