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Intellectual Property Questions & Answers
1 Answer | Asked in Copyright and Intellectual Property for New York on
Q: Can I release a remixed song with new verses as a derivative or transformative work without permission?

I have altered the verses of a song while keeping the beat and chorus the same, and this change drastically alters the meaning of the song. The original song is copyrighted, and I don't have permission from the copyright holder, although I know who they are. I'm unsure if I want to... View More

James L. Arrasmith
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answered on Mar 28, 2025

Releasing a remixed song that uses the original beat and chorus without permission is risky from a copyright perspective. While you've changed the verses and altered the meaning, you're still using substantial portions of the original work that are protected by copyright law.

Your...
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1 Answer | Asked in Trademark and Intellectual Property for Texas on
Q: Can I use "summit" on a personal t-shirt at a Varsity event?

I see that "D2 Summit" and "THE Summit" are trademarks/wordmarks for Varsity Spirit LLC. I plan to attend a Varsity event and want to create a personal t-shirt using just the word "summit" without any logos or imagery from Varsity Spirit LLC. I won't be selling... View More

James L. Arrasmith
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answered on Mar 28, 2025

Based on general trademark principles, using just the word "summit" on a personal t-shirt you're making for yourself is likely acceptable, even at a Varsity event. Trademark protection typically covers specific combinations and contexts rather than common dictionary words used alone... View More

1 Answer | Asked in Intellectual Property and Trademark for New York on
Q: Can I sell TopGun-inspired patches without permission in NY?

I want to sell embroidered iron-on patches inspired by designs from the TopGun movie in an online marketplace targeting the US market. The patches seem to be replicas of the movie designs, and I do not have permission or licensing from the TopGun trademark owners. I have not received any legal... View More

James L. Arrasmith
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answered on Mar 27, 2025

You would likely face significant legal issues selling TopGun-inspired patches without permission. Movie studios like Paramount Pictures own trademarks and copyrights for TopGun logos, emblems, and distinctive designs, and they actively protect these valuable intellectual property assets through... View More

2 Answers | Asked in Intellectual Property, Libel & Slander and Personal Injury for Kentucky on
Q: Can I portray a famous individual in a fan-made short film without permission?

I want to portray a famous individual in a fan-made fictional short film using public information and articles. I am making up a majority of the film using my imagination for things I couldn’t find and I am not using the individual's name. I do not intend to monetize the film. I have... View More

Timothy Denison
Timothy Denison
answered on Mar 27, 2025

Most likely yes if you do not use their name or attempt to profit from their likeness.

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1 Answer | Asked in Intellectual Property for California on
Q: Do I need permission from video game companies to use screenshots in a book?

I am writing a video game history book and plan to sell it commercially. I want to include gameplay screenshots in the book. I do not have any agreements or permission from the video game companies. Would I need to obtain such permission from them to use these screenshots in my book?

James L. Arrasmith
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answered on Mar 27, 2025

Using video game screenshots in a commercial book without permission is a complex legal issue that sits at the intersection of copyright law and fair use. While video game companies hold copyright over their games' visual elements, your historical documentation and analysis might qualify for... View More

Q: Are patents created in marriage community property if not disclosed in divorce?

During my 14+ year marriage, my ex-husband created patents, some personally and some as part of our business, which were not disclosed during our divorce finalized in 2017. These patents, now under his name, are believed to be generating significant revenue. My ex-husband refuses to communicate... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Mar 26, 2025

You could file a request for adjudication of omitted assets. These types of motions are filed when an asset (or debt) was not disclosed during the divorce proceedings and is not divided or mentioned in your final divorce decree.

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1 Answer | Asked in Trademark and Intellectual Property for Texas on
Q: Trademark "Good Girl Gone Bad" for lingerie and beauty products in Texas.

I want to trademark the business name "Good Girl Gone Bad" for my new line of lingerie, skin, and beauty products. However, I noticed "Good Girl Gone Bad by Kilian" is a registered trademark. Can I still use "Good Girl Gone Bad" for my products? I haven't started using the name commercially yet.

James L. Arrasmith
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answered on Mar 26, 2025

Using a name like "Good Girl Gone Bad" that's similar to an existing trademark raises potential legal concerns. When two trademarks are similar and used for related products, there's risk of consumer confusion, which is what trademark law aims to prevent. Since "Good Girl... View More

1 Answer | Asked in Copyright, Business Law and Intellectual Property for Connecticut on
Q: Can I upload AI-generated music to Spotify without copyright issues?

I wrote original lyrics for a song dedicated to my terminally ill wife and used the Lyrics into Song AI tool to generate music. I am on the tool's free plan, which states the AI retains rights, but a license is granted with a paid subscription. I plan to delete the AI-generated voice and only... View More

James L. Arrasmith
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answered on Mar 25, 2025

Your situation involves important copyright considerations when using AI-generated music. The terms of service for the "Lyrics into Song" tool are crucial here - while you own your original lyrics, the free plan explicitly states the AI retains rights to the musical composition. Even... View More

3 Answers | Asked in Trademark and Intellectual Property for New Jersey on
Q: Can "Written in the Stars" be used for a NJ astrology business? Legal aspects?

My mom wants to rebrand her astrology business, based in New Jersey, to "Written in the Stars." She is in the process of checking whether the name is trademarked or used by another business. Her services include reading birth charts and teaching astrology. She's not planning to apply... View More

Tomasz Roman Barczyk
Tomasz Roman Barczyk
answered on Mar 25, 2025

Hello,

As a general matter, there is nothing that would inherently prohibit the use of the mark. In fact, at first glance, it seems to be a suggestive mark which is a good indicator that it is distinctive and therefore eligible for trademark protection. and as it consists of a short...
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2 Answers | Asked in Copyright, Internet Law, Business Law and Intellectual Property for Illinois on
Q: Is permission required to read and record books for a preschool reading app?

For a web app in development showcasing reading circles for preschoolers and parents, where parents pay to join a live 30-minute storytime with up to eight participants, would permission be needed from publishers to have their books read if the sessions are recorded and stored for later access? The... View More

Jeremy Malcolm
Jeremy Malcolm
answered on Mar 24, 2025

Yes, you would need to obtain a license from the publisher in order to legally do this.

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2 Answers | Asked in Trademark, Business Formation, Business Law and Intellectual Property for Georgia on
Q: Could I face legal issues using "The Property Princess 706" for my real estate business?

I am considering using the name "The Property Princess 706" for my real estate business, while “The Property Princess” is a registered trademark. I don't intend to trademark my name and there are no similar trademarks in my area. Could I potentially face legal issues for using... View More

Dominique Young
Dominique Young
answered on Mar 26, 2025

You could face an opposition if you attempt to use or register your requested business name for trademark protection. Because your intended business is within the same realm as another registered trademark, your best course of action will be to speak with a trademark attorney. They will run a... View More

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1 Answer | Asked in Intellectual Property and Trademark for Florida on
Q: Can I trademark a name if another company uses it as a DBA in Florida in a different field?

In Florida, I discovered another business using the same name as my corporation but registered as a DBA. Their DBA was registered two years before I formed my corporation. They are involved in cheerleading, while my business is involved in other sports. I have conducted a broader trademark search,... View More

James L. Arrasmith
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answered on Mar 24, 2025

You might be able to trademark this name despite the existing DBA in Florida. Trademark protection generally depends on the likelihood of confusion between businesses, and since your corporation operates in different sports than the cheerleading business, this works in your favor. The fact that... View More

1 Answer | Asked in Consumer Law and Intellectual Property for New York on
Q: Is it legal to remove DRM from Kindle ebooks for personal use in New York City?

I've purchased several Kindle ebooks, but I recently learned I own a license to read them rather than the books themselves. I want to transfer a few of these ebooks to my Kobo reader device, which is not Amazon-compatible, using Calibre and a plugin to remove DRM. Is it legal to remove DRM for... View More

James L. Arrasmith
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answered on Mar 23, 2025

The legal situation around removing DRM (Digital Rights Management) from ebooks varies by jurisdiction. In the United States, the Digital Millennium Copyright Act (DMCA) generally prohibits circumventing technological measures that control access to copyrighted works. However, the Library of... View More

2 Answers | Asked in Intellectual Property and Internet Law for Tennessee on
Q: Will using clips in my YouTube channel qualify as fair use or require strategy changes?

I'm planning to start a YouTube channel, focusing on documentary-style content about cars, including my opinion, critiques, commentary, and insights. To make it engaging, I intend to use short video clips (under 10 seconds) from various sources like old car advertisements, magazines,... View More

Jeremy Malcolm
Jeremy Malcolm
answered on Mar 23, 2025

This sounds like an archetypal example of fair use. But that doesn’t mean that you may not receive a copyright claim. That’s because some copyright owners have an arrangement with YouTube where uploaded material is scanned for copyright violations. If you receive this, don’t panic! You can... View More

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1 Answer | Asked in Trademark and Intellectual Property for New York on
Q: Can the ESB shadow in a 1937 photo be trademarked?

I have a 1937 public domain press photograph taken from the top of the Empire State Building, showing a cityscape with the building's shadow extending across multiple city blocks. The shadow, occupying about 17% of the image, resembles the shape of the Empire State Building in the upper half.... View More

James L. Arrasmith
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answered on Mar 23, 2025

This question sits at an interesting intersection of trademark and public domain law. While the Empire State Building's distinctive appearance is trademarked by the Empire State Realty Trust, a shadow presents a unique case that hasn't been clearly established in trademark precedent. The... View More

1 Answer | Asked in Consumer Law and Intellectual Property for Massachusetts on
Q: Can I train AI on recipe ingredients and timing under ToS?

I want to train an AI model on recipes from a website, using only the ingredients and the time it takes, ensuring I don't violate copyright laws by avoiding personal anecdotes or creative ideas. The website's terms of service state: "(f) you shall not use any data from the Services... View More

James L. Arrasmith
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answered on Mar 23, 2025

Looking at the situation you've described, you would indeed be violating the website's terms of service. The terms explicitly state that you cannot use data from their services for training any machine learning or intelligence system - this prohibition covers even basic information like... View More

1 Answer | Asked in Intellectual Property for Wisconsin on
Q: Is it legal to sell a shirt with an altered $100 bill design?

I have designed a shirt featuring an altered version of a $100 bill, created by my graphics person, and I'm considering selling it. I've done some research that suggests it's safe to proceed but would like a second opinion to ensure there are no legal issues with using currency... View More

James L. Arrasmith
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answered on Mar 21, 2025

You're smart to look into this before moving forward. Using U.S. currency designs, even altered ones, comes with specific legal guidelines. The U.S. government actually allows reproductions of currency under certain conditions, but those rules are strict.

According to the U.S. Bureau...
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1 Answer | Asked in Intellectual Property, Trademark and Business Formation for Georgia on
Q: Can I use a business name already used by others if not trademarked in the US?

I am planning to start an app-based SaaS business using a name that is currently used by two entities: a nursing wear brand in another country and a blog in the U.S. Neither has trademarked the name in the U.S. I have conducted a U.S. trademark search, and no one has trademarked the name. I am... View More

James L. Arrasmith
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answered on Mar 20, 2025

While using an untrademarked business name is legally possible in the US, you should consider both domestic and international implications. Common law trademark rights can still exist based on actual use in commerce, even without formal registration, so the US blog might have some territorial... View More

1 Answer | Asked in Contracts and Intellectual Property for Idaho on
Q: Agreement on invention with NDA, $785,000 search cost, tech health design.

I signed an agreement with a Non-Disclosure Agreement (NDA) concerning my invention, which involves tech health and custom design. The person I signed with is charging $785,000 to conduct a full search to find out if there are any ideas similar to mine. There was no prior agreement or clause about... View More

James L. Arrasmith
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answered on Mar 20, 2025

$785,000 for an invention search is extraordinarily high and raises serious red flags about the intentions of the person you've signed with. Normal patent searches or prior art investigations typically cost between $1,000-$5,000, with complex searches rarely exceeding $20,000, making this... View More

1 Answer | Asked in Copyright and Intellectual Property for Washington on
Q: Should I register a copyright for my album's songs and guitar parts?

I'm a solo artist working on an album that I plan to release digitally in two months. I want to protect the songs and guitar parts worldwide but haven't explored any intellectual property alternatives. Should I go through the process of registering a copyright, or is my work automatically... View More

James L. Arrasmith
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answered on Mar 20, 2025

Your musical creations are automatically protected by copyright as soon as you create them in most countries, thanks to the Berne Convention. This means your songs and guitar parts already have basic protection without registration.

However, registering your copyright provides important...
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