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Florida Copyright Questions & Answers
1 Answer | Asked in Copyright for Florida on
Q: A real estate agent is using photos that I got on my trail camera to sell a property what can I do?

Game camera was in the woods on private property

Real estate agent is now using my pictures to sell the property next to me and I don't know how they got them

Marcos Garciaacosta
Marcos Garciaacosta
answered on Feb 13, 2019

Ask him to stop doing that.

If he is using a platform to publish the photos they may be willing to take them down.

To get a court to do something you will need to prove that the photos were taken by you or your camera.

If the photos are not of your property and he is getting...
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2 Answers | Asked in Copyright, Intellectual Property and Trademark for Florida on
Q: Can I register “Pikapool” word for conpany trademark?
John Martin Hilla
John Martin Hilla
answered on Jan 25, 2019

You should discuss with a trademark attorney. A trademark attorney will, as the first step of the service provided, conduct a thorough search of the Federal trademark register, state registers, domain names in use, and other common law usages of the term to find out if anyone is already using that... View More

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1 Answer | Asked in Copyright, Entertainment / Sports and Intellectual Property for Florida on
Q: I would like to do a skit that makes fun of some Star Wars tropes. How does that work now that Disney owns it?

Does is fall under satire or parody?

Griffin Klema
Griffin Klema
answered on Jan 24, 2019

It depends on just how much of your skit would be considered parody. Parody may be considered fair use under U.S. law (17 USC 107), but whether a particular performance/video/etc. actually provides a fair use defense depends on the specific facts, and then how those facts compare to the factors... View More

2 Answers | Asked in Copyright and Civil Litigation for Florida on
Q: Im one of the defendents, I have literally no idea about this..

This came to my email out of the total blue... I actually thought it was a scam at first, apparently not... I feel like just ignoring it bc ive never even heard of this association nor live in NY... And I absolutely won't pay money to "settle" for something I didnt do.. In fact,... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 14, 2018

What makes you think it's NOT a scam? From what little information you give, it looks like it's probably a scam.

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1 Answer | Asked in Copyright for Florida on
Q: If I accidentally post a copyrighted image on Facebook, will trolls be able to sue me?
Jason Brooks
Jason Brooks
answered on Oct 1, 2018

It depends on the use -- if you're just posting an image on your general timeline for fun, then you shouldn't have any issue. BUT, if you have are using the image for commercial purposes, for example, on a business Page, or in connection with some kind of branded advertisement or other... View More

3 Answers | Asked in Contracts, Copyright, Criminal Law and Family Law for Florida on
Q: My friend is 23 and I am 17 about to be 18 in Noviember,We havnt kissed or anything

Can my friend go to jail for his age?

Gary Kollin
Gary Kollin
answered on Aug 18, 2018

To avoid any issues or sllegagip s wsit go you are 18

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1 Answer | Asked in Copyright for Florida on
Q: What can I do if another website has copied my website content?
Jason Brooks
Jason Brooks
answered on Jul 13, 2018

You can file a DMCA take-down notice with the registrar demanding that they immediately shut down the infringing website. You'll need a screenshot or other accurate description of the content being used. If you need legal assistance feel free to email me at: jason@altviewlawgroup.com to... View More

2 Answers | Asked in Copyright for Florida on
Q: Do I own the copyright on content I post on social media?
Andrea Wheeler
Andrea Wheeler
answered on Jun 23, 2018

Copyright protects original works of authorship including "literary, dramatic, musical, artistic, and certain other intellectual works." Copyright exists from the moment the work is created. You will have to register, however, if you wish to bring a lawsuit for infringement of a U.S.... View More

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2 Answers | Asked in Copyright and Trademark for Florida on
Q: Is it just the words that are trademarked or the fonts and the words? Can it be used in a phrase?
John Espinosa
John Espinosa
answered on May 27, 2018

Here is a good resource to help you understand more about how trademarks work: http://cyber.harvard.edu/metaschool/fisher/domain/tm.htm

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1 Answer | Asked in Copyright for Florida on
Q: If I am selling an "Inspired" by piece of art, how do I sell it without being sued for infringement?

I sell my homemade items on Etsy.com. One of my "Inspired By" items were flagged and removed from my shop due to infringement. It's one of my best sellers, and I would love to continue selling this item, but do not want trouble with the law. I clearly state in my listing that the... View More

John Espinosa
John Espinosa
answered on May 4, 2018

You are talking about a derivative work. Here is a helpful resource about that from the copyright office that explains it well: https://www.copyright.gov/circs/circ14.pdf

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Florida on
Q: Hi there just wondering if I had this display patent back in 1990 is there a way to update the patent since I.T. had

Changed over the years And what is intellectual property

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Apr 13, 2018

You cannot update an issued patent to expand coverage. You can file a new patent application. The Bell patent on the telephone was filed more than 100 years ago and there are still lots of new patent applications on the telephone.

Keep in mind, that your new application will need to be...
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1 Answer | Asked in Copyright, Business Law, Contracts and Intellectual Property for Florida on
Q: I work as a copywriter for a marketing agency and would like to put some of my best works in a physical portfolio.

I want to show future prospective employers this portfolio. Does this break copyright or NDA laws?

Ayesha Chidolue
Ayesha Chidolue
answered on Feb 15, 2018

The answer to your question depends on the employment contract you signed with the marketing agency and whether you can share the portfolio. I would look to see what their requirement states first.

As far as copyright law, technically if you were hired as a work for hire with all...
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1 Answer | Asked in Business Formation, Business Law, Civil Litigation, Communications Law and Copyright for Florida on
Q: I am using Social Media to collect stories for a non profit book. Which releases do i need?

It is on Facebook. Closed group and everyone knows its for a book. Everyone is deciding the Everything, title,layout,design where money goes, i mean everything and they all are active with plenty of comments .

They will all have the title of authors and so noted in the book.

I know... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Feb 13, 2018

You need to use the find a lawyer feature to locate a copy right attorney and consult with one on his topic. This is a specialized area of law and not something to take lightly. Get specific legal advice on this one.

1 Answer | Asked in Copyright for Florida on
Q: Does anyone know if the skit "Who on First" by Abbott & Costello is public domain or owned by their relatives.

A buddy & mine want to perform this skit on stage; but want to make sure we won't be violating the copyright law. Any help would be greatly appreciated. Thanks!

Mark A. Baker
Mark A. Baker
answered on Feb 5, 2018

The copyright has PROBABLY fallen into the public domain, based upon case law. In a recent lawsuit decided by the Second Circuit Court of Appeals, a playwright had used about 30 seconds of the "Who's On First?" skit in a Broadway show, "Hand of God." The heirs of Bud Abbott... View More

1 Answer | Asked in Copyright for Florida on
Q: I have a question about Peter Rabbit images and public domain. Here is the message from penguin books.

I did research Peter Rabbit and it does appear that they entered the public domain in 2014. I find their response a little ambiguous. " New Iterations" "adaptations", also "protect several trademarks". There's not an answer if and what images are free to use. I... View More

Will Blackton
Will Blackton
answered on Feb 5, 2018

If an original work enters the public domain, this does not cover derivative or subsequent works based on that original work. So, Leonardo Da Vinci's Mona Lisa is in the public domain. But that does not mean that a photograph taken of the Mona Lisa is necessarily in the public domain, the... View More

1 Answer | Asked in Copyright, Intellectual Property, International Law and Trademark for Florida on
Q: May a registered mark be used on a good not directly specified in the "App", but in the same class? The class is (016).

Moreover, the international class is 016, which is the class over goods/services in commerce dealing with paper materials and printed matter. Simply, if the "App" just identified greeting cards and is registered, is it justified or congruent to perform trade through also standard printed... View More

Andrew Zulieve
Andrew Zulieve
answered on Jan 31, 2018

You need to consult with an experienced trademark attorney prior to taking what seems on its face to be a very risky tack. If your proposed product is sufficiently related to that sold under the registered mark, then you may have a serious infringement issue.

1 Answer | Asked in Copyright and Trademark for Florida on
Q: Hello! I'm starting a blog and the site contains random images I found using google, is this legally okay?

Can I provide a disclaimer that I don't take credit for any of the pics to cover myself? Also, would like to trademark our blog name and register is as a LLC. What do I need to do? I live in FL.

Benton R Patterson III
Benton R Patterson III
answered on Jan 29, 2018

Reposting random images is extremely risky from a copyright law perspective. A disclaimer will not protect you from a copyright infringement suit.

1 Answer | Asked in Copyright and Trademark for Florida on
Q: I'm looking for information on a trademark and what exactly is trademarked. The serial number is 87187168.

I'm wondering if the trademark is for just the font or the quote and the font.

Griffin Klema
Griffin Klema
answered on Dec 12, 2017

You can find the documents here: http://tsdr.uspto.gov/#caseNumber=87187168&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=documentSearch

The registration covers the words IT'S MIMOSA NOT MIMOSA, not the font or styling. That means the mark covers any styling of...
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1 Answer | Asked in Copyright and Intellectual Property for Florida on
Q: I bought a painting at a yard sale and it doesn’t have any signature,and I recently modified a picture of it.

Now, I’m wondering do I own the rights to the modified version because the physical painting is still normal.I would like to use the modified version on t shirts to sell.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 8, 2017

I think you do own the rights. It doesn't appear that the painting is protected by the copyright laws because the artist is not identified.

2 Answers | Asked in Copyright for Florida on
Q: Ibought a storage unit on auction with boxes of NEW books, can I sale them with out getting in trouble with the writer?

I don't know anything about the copyright although I read on Google that if you buy legally you can sale it legally well if they are no copies , so if you can give me any information about this I'll really appreciate it, thank you.

Alonso.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 8, 2017

It shouldn't be a problem. You can sell books, just can't make copies and sell those copies.

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