Get free answers to your Copyright legal questions from lawyers in your area.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 4, 2024
Using the name of a university on a woodcut map can potentially raise trademark and intellectual property concerns. While you're not using logos, universities often have trademark protection for their names to prevent unauthorized use for commercial purposes. Whether you can use the name... View More 
On my website I'd like to have an unrecognizable character jump up and strike a block having an item come out of the block. The motion would be similar to the Mario bros. Would this create any copyright issues with Nintendo?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 1, 2024
Using an unrecognizable character in a video game-like scenario, where the character jumps and hits a block to release an item, may still raise potential copyright issues with Nintendo or other video game companies. While the character itself may not be recognizable as a specific copyrighted... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 23, 2024
Mickey Mouse, as a character and brand, is indeed protected by both copyright and trademark laws. Copyright protects original works of authorship, such as movies, books, and artwork, including animated characters. Mickey Mouse, as a creation of Walt Disney, falls under this category, safeguarding... View More
The 17 U.S. Code 110 does not state that a disclaimer has to be posted.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2024
While churches may stream live services on platforms like Facebook, Instagram, or TikTok, it's essential to be mindful of copyright laws when using recorded songs during these broadcasts. The fact that the songs are performed live in a church setting does not exempt them from copyright... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 28, 2023
No, the decorative patterns and designs on Pfaltzgraff Yorktowne dishware lines are very unlikely to be protected by active trademarks or eligible for trademark protection. Therefore, you should generally be free to sell paint stencils replicating those patterns without infringing trademarks.... View More
Heres the dilemma: Person 1 runs a Nike monitor and pays for it to give out Nike links to members that paid a subscription which allows them to get hype releases first. Person 2 else just posted a link from that Nike monitor (using the monitor's domain) to the public for free. Does that... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 31, 2023
In general, mere URLs or links themselves are not considered intellectual property. However, the issue here isn't just about the link but about the service Person 1 provides. If Person 2 is accessing Person 1's paid service and redistributing its contents without permission, there may be... View More
I'm trying to use Warner Bros characters in a fangame and not get sued
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 4, 2023
Using copyrighted characters without permission from the copyright owner, even if you omit their name, can still potentially lead to copyright infringement issues. Copyright law protects the expression of an idea, including characters, and not just their names. If the characters you are using are... View More
I believe they violated TOS. My account was banned while I wasn’t even streaming. They never told me why I was banned which in their terms of service states they have to apon request. They allowed a lot of bullying and illegal behavior to occur and didn’t defend me from phishing fake accounts... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 6, 2023
Hi there! Happy Sunday.
If you believe your account closure on the livestream platform violates their Terms of Service and you have been waiting for a response since March 2023, you may consider taking the following steps:
1. Review the platform's Terms of Service and policies... View More
I am currently writing a book and probably will have several books which all refer to the name of my group SOLID PERFUME COLLECTORS. I also plan later to begin a website under that same name which is why I'm wondering if I would have to trade mark it. What would be the benefits? What would be... View More
answered on Jul 6, 2023
First, I want to caution that it is necessary to check whether the trademark is in use by anybody else prior to beginning use yourself, or you could be on the receiving end of a cease and desist letter or lawsuit. I recommend hiring an experienced trademark attorney to advise you on the risks and... View More
I still do the podcast weekly, my company just had a 20 person layoff and I was included but they want to claim IP of my podcast which is at 166 episodes. All the work, and my voice was done by me alone but they never fully "sponsored" it. Do I have a fighting chance here?
answered on Jun 13, 2023
This topic falls under copyright law. Ordinarily, the author (and copyright owner) is the person or persons who
actually creates the work (podcast). However, “Works made for hire” are an exception to this rule. For legal purposes,
when a work is a “work made for hire,” the... View More
So I had Geico in the past and my thing is I had more than one insurance companies and yet Geico is still charging me they're saying right now I just got a paper in the mail stating I have a Mercedes-Benz black and I owe them $1,000 or 2,000 and I'm like I never had a Mercedes-Benz I... View More
answered on May 30, 2023
It is not clear what notice you gave GEICO, other than indicating that you called them. Follow up your call with a certified letter indicating that you have never asked them to insure a Mercedes. If you can't get an acceptable quote from GEICO, get one from another insurance carrier.
I have a copyright application submitted for a phrase that I intend to sell on hats, shirts, stickers and cups. Do I need to submit a copyright request for separate categories since I intend to sell it on different types of items? I am being told that stickers are a different category from... View More
answered on Apr 10, 2023
This appears to be a question about trademarks, not copyrights, which non-lawyers often confuse.
Trademarks are registered in various types of goods and services according to their classification (for instance, apparel, printed material, and cups), and when filing an application to register... View More
answered on Apr 8, 2023
Maybe. You should consult with an attorney.
It may depend on the limitations of the original seller.
My friend & I like to design & create sports cards of wrestlers from different companies both past and current using images (png) we find online from whatever website has what we're looking for, then using an app on our phone we assemble & alter/manipulate (color/brightness etc)... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 25, 2023
It is not legal to use images that you find online without permission from the copyright holder. Even if you manipulate them to create a new product, you could still be infringing on the original creator's rights. If you want to create sports cards using images of wrestlers, you should obtain... View More
I am developing a NFT collection based on animated sitcons. I know that tracing over the character image to create a new art work is illegal. But what about assets present in the character picture? Things like hats/hairs/clothes and other assets. Can I trace over this assets present in the original... View More
answered on Jan 16, 2023
Your question concerns whether the proposed use of the copyrighted material is covered by the "fair use" defense to copyright infringement. Fair Use under Section 107 of the U.S. Copyright Act provides for certain cases where permission from the rights holder is not required. Courts... View More
answered on Aug 30, 2022
The answer depends on many variables such as are you going to make business with these shirts? Are you going to use the shirt only for your private purposes (like wearing it by yourself)? If you are going to sell these, are there similar/identical trademarks in such segment in your country?... View More
I am working at a fortune 500 company as a software developer. At the time of employment, I signed an agreement that said if I work on anything even during my own time the company would own it. Is there a statute of limitation on the contract? If I make a service/product now while employed at the... View More
answered on Aug 9, 2022
Each case is different but generally speaking, under the U.S. copyright laws, works created by employees within the scope of their employment are considered "works made for hire" and are owned by the employer and not the actual employee who created such works. Works are also considered... View More
I had a book published through a publisher and they charged me to get the copyright. Then when I went to another publisher for a second book and they said the first publisher couldn't do that, that it was illegal.
answered on Jun 25, 2022
Most likely you agreed to terms of a contract with the first publisher that enabled it to charge this, which is predatory. Registering the copyright in a book is a trivial expense (copyright office electronic filing: single author, same claimant, one work, not for hire, $45) and generally is just... View More
I’m wondering if her husband has any legal rights in the state of Florida there is no contract all the books are on my computer but he did create the artwork that I will not use.
answered on Jun 16, 2022
If you co-authored the books, then you could be a joint author and copyright owner with the deceased writer. Giving your co-author their attribution would be appropriate and giving their estate their portion of any proceeds due to the sale of the books is also appropriate. More facts may be... View More
I am publishing a book of then and now photos. The "then" photos are public domain and some of the "now" photos contain the exteriors of a business shot from the street. Do I need permission from the business to publish the photo?
answered on May 15, 2022
You do not need permission from the business to take a photo from a publicly accessible location, and as the photographer you will own copyright in the photo with the right to publish it.
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.
