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3 Answers | Asked in Contracts, Entertainment / Sports, Intellectual Property and Copyright on
Q: If I write my own lyrics and generate music free Suno AI,can I,usethe resulting song in YouTube videos without copyright

If I write my own lyrics and use Suno AI to generate music, can I use the resulting song in YouTube videos without copyright issues? The lyrics are mine, but I want to ensure there are no problems with the music from Suno. If there are potential copyright concerns, what steps should I take to... View More

Ivan  Parron
Ivan Parron
answered on Oct 3, 2024

Like everything else “It Depends.” If the lyrics are 100% yours then you are good to go with that. If the AI generates original music for your lyrics, you are fine too. However, if the AI scraped previous copyright protected recordings like “X” and/or if you asked the AI, for instance to... View More

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1 Answer | Asked in Contracts, Entertainment / Sports and Intellectual Property for California on
Q: Is 50% contingency + exp. normal in a K to enf. the client's IP that is his artistic work?
James L. Arrasmith
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answered on Oct 3, 2024

When dealing with the enforcement of your intellectual property, a 50% contingency fee plus expenses can be common, particularly in cases where the outcome is uncertain. This arrangement means that the attorney only gets paid if the case is successful, aligning their incentives with yours. However,... View More

2 Answers | Asked in Copyright and Intellectual Property for Arizona on
Q: Can Ai created original artwork be copyrighted? The idea was mind , I just can’t draw.
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Oct 2, 2024

This important question is being litigated right now in a Colorado case: Allen v Perlmutter, USDC-CO Case No. 1-24-cv-2665. The copyright office refused registration of an AI-generated artwork, and the claimant is arguing that his extensive instructions and dialogue with the AI tool constitutes... View More

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3 Answers | Asked in Trademark and Intellectual Property for New York on
Q: Is Brew Good, Do Good the same as Brew Good. Do Good as far as trademark

Subject: Request to Cease Use of Trademarked Phrase

Dear Michelle,

We truly appreciate the positive impact you and Serenity Roast are making through coffee and commend your efforts. However, we wanted to bring to your attention that "Brew Good. Do Good." is a trademarked... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Oct 1, 2024

"BREW GOOD. DO GOOD." is a registered mark for coffee cups, mugs, pots, makers, and other coffee making accessories; and for beverages made of coffee. The registration is owned by Tampa's Team LLC dba Buddy Brew Coffee. Your use for a coffee blend, or anything related to coffee, is... View More

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2 Answers | Asked in Trademark and Intellectual Property for Arizona on
Q: how can I find out if a phrase or logo is trademarked?

I want to make sure a phrase I'm printing on a t-shirt isn't trademarked. How can I find that out?

Sean Goodwin
Sean Goodwin
answered on Oct 1, 2024

The best way is to find an experienced trademark attorney to perform a knockout clearance search of the USPTO databases to ensure that there are no possible infringing marks. This is especially important if you are planning to use a logo with graphic design elements.

Trademark law is...
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2 Answers | Asked in Trademark and Intellectual Property on
Q: Can I use the word "DeMolay" as a motorcycle club name if the name is trademarked?

Can I use the word "DeMolay" as a motorcycle club name if the name is trademarked?

Sean Goodwin
Sean Goodwin
answered on Oct 1, 2024

It depends. The registered trademark must claim specific classes/listings. In general, your use must not conflict with those classes/listings. There are exceptions in U.S. Trademark Law (i.e., the Lanham Act) if the owner of a trademark is considered to have a "famous" mark.

The...
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1 Answer | Asked in Intellectual Property for Texas on
Q: I'm A Very Small Youtuber Getting Legal Threats From A Company Called BViral so I want to know if this has any merit

Background first, 2 months ago I made a commentary video of a tiktok I saw that involved a woman in a pink dress and crashed into a Popeye's. Everything was well until I get a copyright notice later which I thought maybe it was an issue with me using a show's clip in the video but no it... View More

James L. Arrasmith
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answered on Oct 2, 2024

Receiving a legal threat can be stressful, especially for a small YouTuber. BViral claims that your video contains false and defamatory statements, which they believe harms their reputation. It's important to carefully review the content of your video to understand their concerns and ensure... View More

1 Answer | Asked in Immigration Law, Intellectual Property and International Law for New Jersey on
Q: Can an F1 student monetize a a website they developed?

Two main questions.

1) Is it legal to sell the website in case someone makes an offer?

2) Can the website be monetized? Like through subscriptions or donations. Possibly setting it up as a company of some sort

James L. Arrasmith
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answered on Sep 30, 2024

If you are an F1 student in the U.S., you need to be cautious about engaging in any kind of employment, including monetizing a website. Selling a website is considered a transaction, and since F1 students are limited to certain types of work (like on-campus jobs or approved internships), selling a... View More

1 Answer | Asked in Intellectual Property for Indiana on
Q: Assos TRIATHLON have a V shape on back. Our design is similar to this appearance, Is that an infringement?
James L. Arrasmith
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answered on Sep 29, 2024

It’s natural to be concerned about design infringement, especially when your design shares similarities with existing products. In cases like this, what matters most is whether the design element, such as the V shape, is considered a unique trademark or an original feature that is protected by... View More

2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) on
Q: I have an idea for a patent that is 100% my own. however a patent already exists which is SIMILAR but not the same.

my idea is about a self defense related device. i found out that a patent exists which is somewhat similar to my device but not the same. mine has a lot more features and a few major differences in the design and functionality itself. would i still be able to patent my invention?

Alan Harrison
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answered on Sep 28, 2024

Probably yes. Another important question is whether a design or utility patent on your invention would actually be useful to you as a business owner. This is something to carefully discuss with an experienced practitioner before jumping into the patent process.

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2 Answers | Asked in Copyright, Trademark and Intellectual Property for Ohio on
Q: I received a copyright with a made up word & illustration, then found out someone has a trademark on a similar word, am

Am I protected with my copyright or does the trademark override my copyright?

Sean Goodwin
Sean Goodwin
answered on Sep 26, 2024

Copyrights and trademarks are different forms of intellectual property, and the rules for infringement are different for each.

In general, different people can own the same trademark name so long as they are using them for different goods or services that a consumer would not find to be...
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1 Answer | Asked in Copyright, Identity Theft, Intellectual Property and Trademark for Ohio on
Q: Can I use an AI created cartoon image of Donald Trump and Sean Hannity on an album cover?

I would use the Wonder app.

James L. Arrasmith
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answered on Sep 25, 2024

Using a cartoon image of public figures like Donald Trump and Sean Hannity for commercial purposes, such as an album cover, can raise legal concerns. Even though public figures have less protection under right of publicity laws, you might still face legal risks, especially if the images suggest... View More

1 Answer | Asked in Intellectual Property, Land Use & Zoning and Real Estate Law for Idaho on
Q: My dad built a house on someone's else's property he passed, do I have any rights to it,
James L. Arrasmith
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answered on Sep 27, 2024

When your dad built a house on someone else’s property, it complicates matters legally. The key issue here is that the land belongs to someone else, and ownership of a house generally follows ownership of the land it’s built on. Unless there is a specific agreement or legal documentation that... View More

2 Answers | Asked in Employment Law, Intellectual Property and Patents (Intellectual Property) on
Q: If an employee creates an invention at home entirely and then brings it to work, who owns it?

The invention was rejected by employer. Later the invention was damaged in a fire at work but the employer reimbursed the employee as their personal belongings and told not to bring personal items to work again.

Kevin E. Flynn
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Kevin E. Flynn
answered on Sep 24, 2024

Greetings,

Your question seems like a patent question but it actually a state law question. It may hinge on your role at the company and any employment agreements you have. There may be special state laws that override the employment agreement.

So you will need to talk to an...
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1 Answer | Asked in Employment Law, Intellectual Property and Patents (Intellectual Property) on
Q: By signing the inventor declaration 37 CFR 1.63, does this mean the inventor agrees with all listed inventors on ADS?

The inventor has not seen the application or patent at the time of signing the 37 CFR 1.63 and does not know if other inventors are listed.

James L. Arrasmith
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answered on Sep 27, 2024

No, signing the inventor declaration under 37 CFR 1.63 does not necessarily mean that the inventor agrees with all the listed inventors on the ADS. The declaration primarily confirms that the signer believes themselves to be the original inventor of the subject matter in the application. It does... View More

1 Answer | Asked in Copyright and Intellectual Property for Hawaii on
Q: If a motion picture has joint copyright owners, can one owner unilaterally create derivatives?

without the permission from the other owner? meaning extract individual clips from the motion picture and create new content?

James L. Arrasmith
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answered on Sep 21, 2024

If a motion picture has joint copyright owners, one owner generally cannot create derivative works, like extracting clips or producing new content, without the consent of the other owner(s). Copyright law treats joint ownership as requiring agreement from all co-owners for significant changes or... View More

2 Answers | Asked in Criminal Law, Employment Law and Intellectual Property on
Q: Inventor declaration requirements

Is the Inventor required to review the patent and application before signing the 37 CFR 1.63?

Why would the employer tell the inventing employee review is not required and not provide the application and Patent even after requesting?

Alan Harrison
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answered on Sep 21, 2024

100% YES the inventor must review the application and especially the claims before signing the declaration. The declaration makes a statement, under penalty of perjury, that the claims as filed are accurate to what the inventor believes is new and useful in the application.

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2 Answers | Asked in Trademark and Intellectual Property on
Q: Questions about Trademark

I would like to ask about the sentence that I use, such as Great things come from relentless effort, which is a continuous text. If searched for, no trademark infringement will be found. But if the word is taken alone, such as the word Effort, it will be trademarks. This is the sentence I use:... View More

Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Sep 20, 2024

The sentence "Great things come from relentless effort" seems as a common phrase and not unique enough to be subject to trademark protection as a whole. Trademarks typically protect specific words, phrases, logos, or symbols that distinctly identify a product or service and are used in... View More

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1 Answer | Asked in Copyright and Intellectual Property on
Q: Can I use episode titles, descriptions, and screenshots from public Netflix/Amazon pages for a fan site?

I want to make a fan site of a TV show I like. Can I use the episode titles, descriptions, and screenshots from Netflix's public page for the show? I would NOT be using the episodes themselves or clips. Just the information about the episodes. Is this fair use?

James L. Arrasmith
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answered on Sep 19, 2024

When creating a fan site, you need to be careful with using copyrighted materials, even if you're only including episode titles, descriptions, and screenshots. These elements are often considered intellectual property, which means their use may require permission from the copyright holder, in... View More

1 Answer | Asked in Copyright and Intellectual Property for California on
Q: I have a copyright certificate for my origami book, but a competitor sells a similar kit. How can I validate my rights?

I have a copyright certificate for my origami book, but I’ve noticed a competitor selling a kit that includes a book featuring patterns and text that are very similar to mine. This competitor has been very successful on Amazon, particularly during peak sales seasons, which raises my concerns... View More

James L. Arrasmith
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answered on Sep 18, 2024

To protect your rights, the first step is to compare the specific elements of your book that are copyrighted, such as the text, illustrations, and unique pattern descriptions, with the competitor’s kit. Copyright protects the expression of ideas, not the ideas themselves, so it's important... View More

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