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Florida Copyright Questions & Answers
1 Answer | Asked in Copyright, Personal Injury, Internet Law and Libel & Slander for Florida on
Q: Hello, I have somewhat of an online presence and someone that I used to speak to as a friend has decided to leak my nude

photos from OnlyFans (a protected site that subscriptions are payed for) as well as has leaked my previous home address, phone number, and still constantly harasses me via twitter through multiple accounts.

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 27, 2020

You should report to the police.

As far as leaking photos, you should consider filing for copyright registration and sue him for infringement.

You should consult with an attorney quick.

Marcos

www.legalbizglobal.com

4 Answers | Asked in Copyright and Patents (Intellectual Property) for Florida on
Q: can you patent an AR idea?
Kevin E. Flynn
Kevin E. Flynn answered on Apr 19, 2020

The initials AR are used for many dozens of things from acid reflux to amateur radio. If you mean automated rifle- then yes you can seek patents on the workings of a weapon. You would need to have an idea that would not be obvious to one skilled in the art of designing automated rifles. You... Read more »

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1 Answer | Asked in Copyright for Florida on
Q: Is the Duesenberg motors trademark available?

If so who owns the trademark

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 16, 2020

Check in the USPTO to see if it is available and the owner.

You can consult with an attorney to review your plans and see what are your next steps.

Marcos.

www.legalbizglobal.com

480 324 6378

1 Answer | Asked in Copyright for Florida on
Q: My copyright is pending. Can I still use the graphic designs for my store website and Instagram?
Tania Maria Williams
Tania Maria Williams answered on Apr 6, 2020

Once you created the graphic design, you owned it. You are free to use it how you wish. I would suggest having a discussion with an attorney about protecting the design by trademark as well if you plan on using the design as a logo. There are protections that trademark can give you with use that... Read more »

2 Answers | Asked in Contracts, Copyright, Criminal Law and Real Estate Law for Florida on
Q: My landlord asked me to leave during the quarantine when it first started and I am now homeless.

My County stated that no evictions are to occur

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 5, 2020

If you voluntarily left, with the intent to surrender the premises, unfortunately there is nothing you can do about it. It's not an eviction (which would have required a court action).

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1 Answer | Asked in Copyright for Florida on
Q: Can i sue someone for stealing a shoe design tweaking it and making profit off of it

The perp was Kanye West and one of his yezzy shoe designs

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 14, 2020

Kanye? No.

You will lose and gain nothing.

Besides, you would have a high burden of proof, and tweaking may have been enough to differentiate it from your design.

1 Answer | Asked in Copyright for Florida on
Q: Copyright re: teachers reading a book online but posted in a closed platform where students log in?

Violation or no?

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 26, 2020

You are asking if this could be a copyright violation? Whether or not the students have to log in probably has little to no significance. The school board should run this by an attorney who specializes in intellectual property.

1 Answer | Asked in Copyright and Entertainment / Sports for Florida on
Q: can I use the name Ben Hur for a non profit "Art" organisation, for example "Ben Hur Culture Club"?

To represent works of filmmaker and art creators

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 1, 2020

Better not.

check if somebody, movie company, has any rights to it.

they may decide not to do anything, as in fanclub scenarios, but that does not mean they do not own the rights

www.legalbizglobal.com

Q: I have a copyright on a particular drinking glass design, can I seek legal action if the design is manufactured and sold

I have other designs and I'm debating whether to seek copyright protection or a design patent.

Peter D. Mlynek
Peter D. Mlynek answered on Dec 18, 2019

Yes, you should be able to seek legal action. Go see an intellectual property litigation attorney.

1 Answer | Asked in Employment Law, Copyright, Business Law and Intellectual Property for Florida on
Q: Can I get sued over pictures of work taken as a subcontractor?

My husband and his brother worked independently for some time. His brother opened a company and my husband kept working with him, never did he sign a w2 or an employment contract. We decided to open our own business and when they asked for my husband to sign a w2, my husband told him he would not... Read more »

Linda Liang
Linda Liang answered on Nov 6, 2019

I don't think this is kind of help you can receive on a public forum. In order to do it right, more analysis is needed. You need an attorney to help you to prevent litigation with the right strategy.

1 Answer | Asked in Copyright and Business Law for Florida on
Q: Can a tow yard refuse to release truck due to power of attorney not having the expiration date written but isnotarized?

Paper was hand written but still notarized. I had all of the money for the fees.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 4, 2019

Unless you are the owner--and can prove it--the tow yard will not release the car to you unless you have some other reliable documentation that they could use later if it turns out the owner did not authorize you to pick it up. Re-do the POA correctly.

1 Answer | Asked in Copyright for Florida on
Q: Copyrights of public places. Coloring book of public places.

Good day!

I'm working on coloring book for my neighborhood.

If I make a photo of public place and then make a coloring book by sketching the photos then which copyrights I should wary about?

Is it "transformative" art or not?

How I can check the... Read more »

Enrico Schaefer
Enrico Schaefer answered on Oct 25, 2019

A building itself is not a copyrighted work. A picture or painting of a building is fixed in tangible form, and becomes copyrightable. There are possible trademark issue if a building is part of a mark (think statute of liberty and liberty mutual). The TM issue does not seem to apply to your book... Read more »

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Florida on
Q: Does Victor Staats still own these patents?
Peter D. Mlynek
Peter D. Mlynek answered on Oct 23, 2019

I don't know which patents you are referring to, but my cursory search shows that there are about 5 patents that list Victor Staats as the inventor. 4 of these have expired due to their age, and 1 expired because a maintenance fee was not paid. There are no enforceable patents for Victor... Read more »

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Florida on
Q: Hi, Can someone take trademark one of my copyrighted design? Thank you
Bharath Konda
Bharath Konda answered on Oct 16, 2019

You can trademark your copyrighted design by incorporating this design on goods and/ or services in interstate commerce. Whether you will be awarded a trademark depends on prior use of the same or similar mark. To determine the availability you need a full trademark search of all databases. If you... Read more »

1 Answer | Asked in Business Law, Contracts, Consumer Law and Copyright for Florida on
Q: If you break the terms of service of Google Play Store (concerning Android), and further, Apple (concerning iphone)...

If you break the terms of service of Apple or Google Play Store, and it specifically states in the terms of service,

"If you break any term of this agreement, your right under this license automatically terminates without notice to you",

does that mean that you can never... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 14, 2019

This is not a legal question. Moreover, while lawyers are very intelligent and highly trained professionals--we are not soothsayers; nor do we do crystal balls. Therefore, I am constrained by a fundamental law of the universe (no one can foretell the future) and unable to opine on your current... Read more »

1 Answer | Asked in Copyright for Florida on
Q: A teacher wants to place a .pdf of an article he cowrote in his online course, does he need permission of the coauthor?

Or is this a copyright violation?

Enrico Schaefer
Enrico Schaefer answered on Oct 4, 2019

I assume there is no written agreement between the authors. The terms of the rights between authors would be implied from the circumstances. These matters are usually about how much risk, rather than absolute answers. The good news is that educational use (commercial; no royalties or license... Read more »

1 Answer | Asked in Copyright for Florida on
Q: Can I use the text from public prison records as lyrics?

I have compiled the final statements of executed American prisoners from public prison records online. These statements were spoken by prisoners who are all now deceased, and now are recorded with the rest of the execution information. Is it possible that these are copyrighted in any way? Or can I... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 11, 2019

There is an inherent copyright owned by the creator, and his/her estate has rights over it.

Check if there was any release signed by them. If there is any specific waiver by the fact they were prisoners. Maybe the prison system has some rights in the copyrights.

Your best bet would...
Read more »

1 Answer | Asked in Copyright and Intellectual Property for Florida on
Q: If I push the boundaries of branding infringement can criminal charges be pursued or just civil damages?

My daughter's original intellectual property (a drawing) was incorporated with the brand of a large organization and applied to a Christmas ornament that can be purchased with $25 'donation' in 2009.

The drawing was presented in partnership with organization, their capitol... Read more »

Linda Liang
Linda Liang answered on Sep 4, 2019

Copyright infringement cases are generally civil.

1 Answer | Asked in Copyright and Traffic Tickets for Florida on
Q: If you get pulled over for driving a vehicle with improper tag and it's not your vehicle, what to expect in court

I borrowed a friend vehicle to go to the laundry mat, I got pulled over and ticketed for the tag on it not belonging to the vehicle, now I have court over ticket. It had a tag on the vehicle but it didn't belong on that vehicle

Linda Liang
Linda Liang answered on Aug 7, 2019

You are still going to be charged with driving a vehicle without a tag. You can explain that in court and the owner could be cited for that for lending the car to you.

2 Answers | Asked in Copyright, Products Liability and Patents (Intellectual Property) for Florida on
Q: I manufacture a simple/basic toilet seat cover. Is it safe to manufacture without violating any patents.
Peter D. Mlynek
Peter D. Mlynek answered on Jul 13, 2019

If you are making something that has been around 20+ years, then you very likely will not infringe any patents. After all, that is the idea behind patents: after a patent expires (currently 20 years from the filing date of the patent application), then anyone can use whatever is disclosed in the... Read more »

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