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Florida Copyright Questions & Answers
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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1 Answer | Asked in Copyright, Civil Litigation and Entertainment / Sports for Florida on
Q: What if someone uses video of you in a TV commercial without your permission?

I was in a program 14 years ago (18 years old) that helped young people with interview skills and making a resume. Recently I have seen a commercial on tv with me in it. I did not agree to this and I do not want to be in this commercial. I contacted the agency and they emailed me the commercial to... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Dec 8, 2017

When you participated in the program 14 years ago and video was taken it is possible that you signed paperwork that gave them the right to use the video footage however they see fit. I am guessing that you would not have any of the paperwork that you may have signed from then.

You may want...
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1 Answer | Asked in Business Law, Contracts and Copyright for Florida on
Q: I created a character,at a small business I started, then I dissolved the business,can an ex employee, make claim to it

I created a company with a few friends called G7 studios,I created a comic book character , later we dissolved the company can any ex employee make claim to it

Ayesha Chidolue
Ayesha Chidolue
answered on Nov 21, 2017

Without more it is difficult to determine but the question would be, did the employee create it while under your employment and did you have an agreement that basically said anything created by an employee for the employer belongs to the company etc or did you yourself create the character?... View More

Q: Can a patent owner request that i send them all of my products they consider to be a counterfeit?

i recently started selling pop up phone grips online, not thinking or researching if there was a patent. I got them cheap from a supplier on Alibaba and listed on Amazon. I have only been selling for a week now and popsocket, which is the brand name which owns the patent, has reported my listing as... View More

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Nov 15, 2017

I have seen a patent case that was awarded less than a dollar in damages as they wanted to make a point in a bigger set of battles.

As a practical matter, if you can show that you shipped them back to your supplier for a refund, then it is unlikely that they will chase you. We do not know...
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1 Answer | Asked in Copyright, Real Estate Law and Landlord - Tenant for Florida on
Q: In a Legal Aid representation, is an acting attorney permitted to charge fees, and if so what fees and costs?

Are Legal Aid attorneys, that are members of the County Bar Association, not bound by the Rules of Representation of that County?

Andy Wayne Williamson
Andy Wayne Williamson
answered on Oct 17, 2017

Your question does not make sense. Try asking again and give more specifics. One answer would be that the legal aid attorney can charge as stated in the fee agreement.

1 Answer | Asked in Copyright and Trademark for Florida on
Q: Hello, I run a blog where I offer free printable to my readers. What Halloween words can I use?

Can I use words like spooky, trick or treat, and boo. I'm not sure if those words are trademarked. Thank you in advance for your reply.

Griffin Klema
Griffin Klema
answered on Dec 12, 2017

Although the spooky season has come and gone, here's an answer for next year's festivities: Try searching on TESS for the word, or on the WIPO brands database. If a mark is registered, you have to determine what classes of goods its being used on, and then compare that to what goods or... View More

1 Answer | Asked in Copyright for Florida on
Q: Can I create a website that features playlists with artists' music and make money off advertisements?
Will Blackton
Will Blackton
answered on Sep 27, 2017

If you mean creating playlists which include the associated music files, you cannot legally do what you asked about.

If you mean merely posting the names of songs and artists in an orchestrated order as a text file on a website, there wouldn't be an issue under copyright law in this...
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1 Answer | Asked in Copyright, Intellectual Property and Internet Law for Florida on
Q: Can a famous artist post your fan art after cropping out your logo and not giving you credit?

I made an album cover for a very famous rap artist, and I sent it to him. A few days later he posted it on his official Instagram for millions to see, but he cropped my logo off of the bottom. Now the image is being used in thousands of places on the internet without my permission, and the famous... View More

Benton R Patterson III
Benton R Patterson III
answered on Sep 25, 2017

It appears you likely do have a case for copyright infringement. If you created the album cover, you are the copyright owner. You have the right to determine whether your work is reproduced. One thing to consider is whether your message to him granted him permission to use the artwork. An... View More

1 Answer | Asked in Copyright and Trademark for Florida on
Q: If several Rhonda's have trademarked the term "Help Me Rhonda", Could another "Rhonda" register it for marketing?

I'm a Realtor, Staging/redecorating and landscape designer... I would like to use it for my catch phrase "Help Me, Rhonda!"

Benton R Patterson III
Benton R Patterson III
answered on Sep 18, 2017

Possibly so, it depends on what goods/services the other trademarks are associated with. A trademark attorney would need to review the other registrations.

1 Answer | Asked in Copyright, Civil Rights, Intellectual Property and International Law for Florida on
Q: Hello!

If I have a business/product idea and want to pursue it with an already established company, instead of starting from scratch how can I work with them without them stealing the idea or product from me, what's the safest approach for me as far as the law goes to protect my idea

Richard Sternberg
Richard Sternberg
answered on Aug 8, 2017

Develop a description of your product that does not reveal any of the protected information. Once you get a company interested, pay a lawyer for a Non-Disclosure Agreement, commonly called an NDA. Get it signed before you reveal anything identifiable.

2 Answers | Asked in Copyright, Criminal Law, Real Estate Law and Landlord - Tenant for Florida on
Q: Can you legally record someone on video with audio, in your home without their consent?

can I record my landlord showing our home to prospective tenants? He is not a very trustworthy man.

Andy Wayne Williamson
Andy Wayne Williamson
answered on Aug 8, 2017

I would say no. Florida has a two party consent law and typically you need both parties to consent to being recorded. The law on this topic varies depending upon circumstances. I suggest that you not do it as improper recording of a person is a criminal law violation in Florida.

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