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Indiana Copyright Questions & Answers
1 Answer | Asked in Copyright for Indiana on
Q: Is it legal for me to stream myself (on twitch or youtube) reading a book that I own? Would it fall under fair use?

Basically something i've been wanting to do is get back into reading since it's not something that really happens a lot anymore in the common world. I would also like to share what I am reading with others so that they to might find enjoyment in it, I would not be showing the pages/screen... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on May 21, 2021

In general probably not.

You would be infringing several property rights.

Consult with an attorney.

1 Answer | Asked in Copyright and Business Law for Indiana on
Q: Can the word supercalifragilisticexpialidocious be used as part of my logo.

Can I say Mary Poppings. Where everything is supercalifragilisticexpialidocious.

Kathryn Perales
Kathryn Perales answered on Jan 28, 2021

You can probably say supercalifragilisticexpialidocious - it does not appear to be registered to anyone. You probably could even register it.

"Mary Poppings" is more problematic - Disney has the "Mary Poppins" mark registered for some goods and services, and they...
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2 Answers | Asked in Copyright and Intellectual Property for Indiana on
Q: I am writing a parody of Elsa and Anna I have a disclaimer stating it is a parody

The names are the same there our no pictures of the charcters them self can i write the book under section 107 of the fair use act

Jason Brooks
Jason Brooks answered on Jan 22, 2021

Works of parody are generally acceptable forms of "fair use" protected from what would otherwise would amount to copyright infringement. As you've alluded, Section 107 does provide several examples of fair use, including uses of copyrighted works “for purposes such as criticism... Read more »

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1 Answer | Asked in Consumer Law, Copyright, Business Formation and Business Law for Indiana on
Q: Can I buy a website very similar to a popular brand’s site and use that to sell similar merchandise?

The website I would be buying is the same words just moved around. And the merchandise would potentially be clothing designed to look similar to the original brand’s clothing but not the same. Or would it be legal to offer this new and similar domain to the owner of the original for a price?

Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 8, 2021

don't do it

too close for comfort

you can be sued

consult with an attorney

2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Indiana on
Q: How do I know if I need to patent an excel spreadsheet graph?

I just created a graph this afternoon around 1:00pm with my name and date in the bottom corner that really impressed my professor who is a doctor in medicine. After getting off the phone with my father, he suggested I reach out and see if this is something that I could patent. Is there any way... Read more »

Kathryn Perales
Kathryn Perales answered on Dec 4, 2020

A spreadsheet graph is not generally the kind of thing that can be patented. If you think it is truly new and innovative, I encourage you to consult privately with a patent attorney. Be prepared to explain it thoroughly, and keep in mind that your 1-year time limit for patenting already started... Read more »

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2 Answers | Asked in Copyright and Trademark for Indiana on
Q: In 2010 I coined the name ColdArted. I recently discovered someone in Illinois trademarked the same name. What can I do?

In 2010 I coined the name ColdArted (Cold-Arted Creations, ColdArted.webs.com). I started signing my artwork in 2010 with that name. In 2011 I established a Google account with the same name. In 2014 cold-arted creations became a limited liability corporation. That was in the state of Indiana.... Read more »

John Brendan Riordan
John Brendan Riordan answered on Jul 23, 2020

There is potentially something you can do. First of all, are you sure that the company you found on google has officially received trademark registration? If not, it would be worth having an attorney conduct a thorough USPTO trademark search for you to see if they have or if they have applied to do... Read more »

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1 Answer | Asked in Copyright for Indiana on
Q: Hi, can words to a copyrighted song be completely rewritten and used with the musical beat of the original?

I've created a new footwear product and brand and would like to launch a brand awareness video with completely rewritten and new, non similar lyrics to a copyrighted song; However, my lyrics are to the beat of the original song. Will I be infringing by using the beat?

Evelyn Suero
Evelyn Suero answered on Jun 24, 2020

Unless the beat is in the public domain, musical beats are also protected by copyright. Using a musical beat without permission/license(s) could result in a claim of copyright infringement.

1 Answer | Asked in Copyright for Indiana on
Q: Is the word Solo trademarked to where I can't use it?

I want to create a record company and I want the name to be Blue Solo Records. I'm not sure if the word solo is trademarked so am able to use the name and make t-shirts with the name.

John B. Hudak
John B. Hudak answered on Jun 13, 2020

Trademark rights are obtained by using the mark to identify the source of goods or services. Federal registration does not make a particular word, phrase, or symbol a trademark. The use of the trademark makes the particular word, phrase, or symbol a trademark. One can commit trademark... Read more »

1 Answer | Asked in Criminal Law, Copyright and Intellectual Property for Indiana on
Q: Does Indiana state civil or criminal law prohibit a party from selling knockoff clothing/copied sewing patterns?

I was informed that Indiana criminalizes parties who sell knockoff clothing where the knockoff item duplicates the exact sewing pattern of another brand's clothing. There is no intellectual property infringement in the act of selling knockoffs, as long as the knockoff is not using a... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 9, 2020

If it is a knock off it is implied it is violating some intellectual property.

IF it is not violating a copyright, trademark, patent, personal image, etc. then there is no violation and it is not a knock off.

IF IT feels wrong, don't do it.

1 Answer | Asked in Copyright and Entertainment / Sports for Indiana on
Q: Is it against copyright laws to have a natural disaster destroy Disney World in a book that I’m writing?

What I want to know is if they can sue me just for briefly mentioning in the book that the park has been destroyed.

Tania Maria Williams
Tania Maria Williams answered on Mar 10, 2020

It wouldn't technically be copyright infringement, but please be advised that Disney is VERY litigious and aggressively protects all their intellectual property including their name.

2 Answers | Asked in Copyright and Intellectual Property for Indiana on
Q: Is this still copyright infringement?

Hello I have gotten into 3d printing/modeling and was wondering if whether what I am potentially doing is copyright violation or not. So I was 3d modeling items from my favorite nintendo games then I was going to 3d print them. So I know that if I sell the crown online that is stealing intellectual... Read more »

Tania Maria Williams
Tania Maria Williams answered on Feb 27, 2020

If you’re reproducing someone’s protected work it’s infringement. There may be a fair use defense (check out the Andy Warhol cases) but it’s a defense meaning it is raised if you are sued for that nfringement.

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1 Answer | Asked in Consumer Law, Contracts, Copyright and Immigration Law for Indiana on
Q: Can i hire a lawyer and give power of attorney to the lawyer to help with the sale of my Car?

I am asking as I am out travelling outside USA for 3 weeks, to get my Visa stamped on my passport, I would need a lawyer to represent me with the Car sale, if I am unable to return to the USA for some reason

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 3, 2019

In general yes. it will always depend on the attorney.

Many attorneys do not want to get directly involved in transactions of this nature as many things could go wrong.

All you are doing is giving a power of attorney to somebody.

can be a lawyer or anybody else.

1 Answer | Asked in Copyright, Communications Law and Trademark for Indiana on
Q: I took a picture of our Sony camera to use on our website. Do I need permission to use this?

It is an original photo that I took to use as a header on our church website and the name, "Sony" is in view on the side of the camera

Karima Gulick
Karima Gulick answered on Aug 20, 2019

You don't need permission to use your own photo. However, depending on what your website is about, it would be best to avoid displaying someone else's trademark.

1 Answer | Asked in Copyright and Intellectual Property for Indiana on
Q: Can I be fined for using unmarked copyrighted images on a website I designed?

Ive been contacted my a third party image rights company on behalf of a photographer for copyright infringement for a couple images used on a clients website. However, there was no indication these images were copyrighted. Is it legal to charge someone a fine without warning, If there was no... Read more »

Jason Brooks
Jason Brooks answered on Jun 6, 2019

A copyright is established the moment the content is created. In order to use someone else's photograph, you must obtain consent (i.e. a license) to do so. A copyrighted image (or any other copyrighted material) does not have to have any sort of markings or other indication of copyright;... Read more »

1 Answer | Asked in Copyright, Gaming, Intellectual Property and Internet Law for Indiana on
Q: As a 3rd-party representative, do I have any legal right to enforce copyright of the company's IP which I represent?

I am a representative for a gaming company's game. I have legal permission to use their IP and game contents and materials for my own use. However, many other entities have created illegal content using the company's IP and game materials without legal permission to gain their own profit.... Read more »

Griffin Klema
Griffin Klema answered on Jan 24, 2019

Probably not, unless your license agreement expressly allows you the right to enforce, or you are the exclusive licensee. Oftentimes the intellectual property owner retains the right to enforce or license the IP to others (non-exclusive license), though sometimes there is contractual language that... Read more »

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Indiana on
Q: Can I make and use a logo that is inspired by a tattoo on a character in a movie? silent from 1925, paramount pictures
Griffin Klema
Griffin Klema answered on Jan 16, 2019

Fascinating hypothetical. The answer probably depends on a few things: Was the tattoo a reproduction of another artist's creation, or based on an existing trademark? If so, have those rights now lapsed or terminated? Was the tattoo a part of the film's original creative makeup? If so, has... Read more »

1 Answer | Asked in Copyright and Intellectual Property for Indiana on
Q: Anyway around a trade mark? They are out of state and in a relevant field but slightly different. Thanks for your time.

I don't guess there is anyway around it. But there is a company with a name and I would love to keep working on my start up and use their name. Mine will be bottled teas they sell lose leaf in a store. I know I can register the name with it being in a different state. So I could do okay small... Read more »

Benton R Patterson III
Benton R Patterson III answered on Nov 15, 2017

It is certainly possible to license the right to use another company's trademark or purchase it outright from them. Trademark transactions are fairly common. I recommend speaking with a trademark attorney on how to approach the other company and working out a licensing arrangement that works... Read more »

1 Answer | Asked in Copyright for Indiana on
Q: Am I aloud to use other artists drawings as a reference for tattoos? As long as I make some changes to it?

The drawings are posted publicly online, and on flash forums for people to use. Example: images from pinterest, instagram, google..

Barbara Berschler
Barbara Berschler answered on Sep 3, 2017

Just because you can copy a drawing and turn it into a tattoo, does not mean you "may" do so. Even if you made some changes, that would only create a derivative work based on the original logo and without the permission of the copyright owner of the drawing, you would be infringing. As... Read more »

1 Answer | Asked in Copyright and Intellectual Property for Indiana on
Q: Is it possible to copyright an exercise such as a specific stretch or an activity to develop a certain muscle?

I'm writing an exercise book and want to make sure it's legal to use specific exercises that have been used in other programs. I am not copying a program but just using the exercises.

Benton R Patterson III
Benton R Patterson III answered on Aug 4, 2017

You are probably safe to use the exercises in your book. Generally, an exercise, such as a bench press or a pull up, is not protected by copyright law. Although, keep in mind that the photographs or written descriptions of exercises in other sources likely are protected by copyright.

1 Answer | Asked in Copyright and Trademark for Indiana on
Q: Can I print Bob Ross with my direct to garment business? Still getting confused and nervous about copyright & Trademark
Will Blackton
Will Blackton answered on Jun 23, 2017

Without the permission of Bob Ross's heirs or Bob Ross, Inc. (whichever is the appropriate rights holder), you will almost certainly open yourself up to legal liability if you print images of or produced by Bob Ross for resale.

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