Ask a Question

Get free answers to your Copyright legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Kentucky Copyright Questions & Answers
1 Answer | Asked in Copyright for Kentucky on
Q: Is the state motto Crossroads of America public domain?

I plan on using it as my script title

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 25, 2024

The phrase "Crossroads of America" is not the official state motto of Kentucky; it is actually associated with Indiana. Kentucky's state motto is "United We Stand, Divided We Fall." However, even though "Crossroads of America" is not Kentucky's motto, it is... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Kentucky on
Q: Do quotes that become meme famous fall under copyright or trademark?

What would these quotes be protected by?

You shall not pass from the Lord of the rings

If if is good from Hercules Disney

Surprise mf from Dexter

Not really relevant but is Bane back-breaking move copyrighted?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 18, 2024

Quotes from movies and TV shows are generally protected by copyright rather than trademark law. Copyright protects original creative works, including the screenplay or script that the quote comes from. The copyright for a movie or TV show is typically owned by the studio or production company... View More

1 Answer | Asked in Copyright and Intellectual Property for Kentucky on
Q: Why are superpowers and abilities not undercopyright?

Would the power of seeing a person memories via their blood like in the underworld movie be under copyright protection?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 15, 2024

Superpowers and abilities themselves are typically not protected by copyright because copyright law does not extend to ideas, concepts, or facts. Copyright protects the specific expression or manifestation of an idea, not the underlying idea itself.

In the case of the ability to see a...
View More

1 Answer | Asked in Copyright and Intellectual Property for Kentucky on
Q: Are ideas truly non-copyright?

In some movies vampires use sunscreen. Is this act alone worthy of copyright? Vampire using sunscreen or magical ring or is not creative enough for it?

Cause I would to use a vampire sunscreen.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 5, 2024

Ideas themselves are not protected by copyright, but the specific expression of those ideas can be. This is a fundamental principle of copyright law.

In the case of a vampire using sunscreen, the general concept alone would not be copyrightable. The idea of a vampire protecting themselves...
View More

1 Answer | Asked in Trademark, Copyright and Intellectual Property for Kentucky on
Q: Do trademark prevent people from mentioning their brand at all in a story?

For example

If someone wrote a story, would he be in trouble if he wrote

Lorraine cherish her chevrolet silverado she got from her late father. As well as her Gameboy from her departed sister. The old xbox, which was a trade for a psp, she got from her cousin no longer works but... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 18, 2024

In general, simply mentioning trademarked brands in a story would not be considered a violation of trademark law. Trademarks are designed to protect brands from being used by others in a way that could confuse consumers about the source of a product or service. However, when a trademarked name is... View More

1 Answer | Asked in Copyright and Intellectual Property for Kentucky on
Q: I have several issued copyrights on the topic of Autonomous taxi ride services, coupons, discounts and promo codes etc

Would these companies have to get permission from me before offering these promotions and advertising and marketing materials to the general public?

Especially if they use the word autonomous, Robotaxi, or self driving ride service in there promotion of a near futuristics service.... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 18, 2024

Based on the information you've provided, it's difficult to say definitively whether these companies would need to obtain permission from you before offering promotions and advertising materials related to autonomous ride services. The answer depends on several factors:

1. The...
View More

1 Answer | Asked in Copyright and Intellectual Property for Kentucky on
Q: What kind of open-source license is necessary for software?

I have created a Google and Excel based, online tool, to create digital dashboard based on FEMA emergency management principles. I want to ensure I retain ownership of this tool, allow it to remain openly accessible, and restrict anyone else from trying to privatize or monetize my tool. How can I... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2024

To achieve your goals of retaining ownership, keeping the tool openly accessible, and preventing others from privatizing or monetizing your work, you should consider using a copyleft open-source license. Copyleft licenses allow others to use, modify, and distribute the software, but they must... View More

1 Answer | Asked in Copyright, Civil Rights, Business Law and Intellectual Property for Kentucky on
Q: Is my news youtube channel considered commercial? Can I use material gained from open records requests? And Monitize?

It's very hard to tell if I can even do this. I see a lot of body cam channels, obviously expanding and reporting on the situation. This would come with monitization and it wouldn't be just the video, I would create a more transformative video. I would like to do something similar in KY... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 12, 2024

Whether your YouTube channel is considered commercial and whether you can monetize it depends on several factors. Here are a few key considerations:

1. Purpose of the channel: If your primary goal is to generate income from the channel, it may be considered commercial. However, if your...
View More

1 Answer | Asked in Copyright and Intellectual Property for Kentucky on
Q: Can I reference/quote to books in the public domain freely?

Books like the great Gatsby and pride and prejudice.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 3, 2024

Yes, you can freely reference and quote from books that are in the public domain, like The Great Gatsby by F. Scott Fitzgerald and Pride and Prejudice by Jane Austen. Works enter the public domain a certain number of years after the author's death (the exact duration varies by country).... View More

1 Answer | Asked in Copyright and Intellectual Property for Kentucky on
Q: Can you mention movies names in a book?How about characters?

These are some Examples

A couple of people are kidnapped and they are told that they will have to either survive 10 days or kill each other till 3 are left.

Their dialog is where I am in doubt

"So we are in some mess up real life hunger games, huh?."... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 27, 2024

Mentioning movie names and characters in a book can often fall under what's considered "fair use," especially if they are used in a casual, non-commercial context like in dialogue or as part of a cultural reference. However, the way these references are used is crucial. It's... View More

1 Answer | Asked in Copyright and Intellectual Property for Kentucky on
Q: Are characters "names" under copyright?

There's a character with the name Olivia Valedstorm. Would using just her last name for a talking sword character or a dragon be grounds for suing?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 26, 2024

Character names can indeed be protected under copyright law if they are distinctive and well-known enough to be associated exclusively with the original work. However, copyright does not protect names, titles, short phrases, or expressions by themselves. It depends on the context and how unique and... View More

2 Answers | Asked in Copyright, Intellectual Property and Trademark for Kentucky on
Q: Can titles be both copyright and trademark?

Haley album titled called "if I can't have love, I want power " would this title be ok to mention as just words and not at all the songs in a published story or is it to unique and falls under copyright?

Also why are titles typically not copyrighted?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 15, 2024

Good morning,

Yes, titles can potentially be protected by both copyright and trademark law, though the specifics matter in determining the scope of protection. Here are a few key points:

- Copyright - Titles themselves are generally not copyrightable, because short phrases and names...
View More

View More Answers

2 Answers | Asked in Copyright, Criminal Law and Intellectual Property for Kentucky on
Q: CAN I SELL TRUMP'S PRODUCT WITH HIS PICTURE I DOWNLOADED FROM GOOGLE? IT IS A MUG WITH HIS PICTURE ON IT

THIS IS NOT THE FAMOUS MUGSHOT BUT A DIFFERENT PICTURE I GOT FROM A CNN PAGE

Simone Nisbett
Simone Nisbett
answered on Jan 16, 2024

Your reproduction and distribution of this photograph may infringe upon the photographer's intellectual property rights (copyright). It is always best to identify the owner of a photograph or other artistic work and obtain rights clearance or a license (typically granted through contract with... View More

View More Answers

2 Answers | Asked in Business Law, Copyright, Intellectual Property and Trademark for Kentucky on
Q: Can I put game logos, images, and/or names on my business sign to indicate that those games are available?

Can they be a part of my own business logo?

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 2, 2024

Using game logos, images, and names on your business sign or as part of your business logo may raise intellectual property and trademark issues. The logos, images, and names associated with games are often protected by intellectual property laws, and using them without permission from the... View More

View More Answers

1 Answer | Asked in Copyright and Intellectual Property for Kentucky on
Q: Pretty sure someone asks this before me. But I will ask. Are proverbs copyright?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 19, 2023

Proverbs, being part of the public domain, are generally not subject to copyright. They are considered age-old sayings that have been passed down through generations and are not attributed to a specific author.

Since proverbs are widely recognized as common cultural expressions, you can use...
View More

1 Answer | Asked in Copyright and Intellectual Property for Kentucky on
Q: What's the difference between Australian and United States copyright law?

Is it only stricter fair use?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 24, 2023

The key differences between Australian and United States copyright law are primarily found in the scope and interpretation of fair use, as well as the duration of copyright protection.

In the United States, copyright law provides a broad "fair use" doctrine, which allows for the...
View More

1 Answer | Asked in Copyright and Intellectual Property for Kentucky on
Q: Do copyright protects every single lyrics of a song?

I am writing a short story

I would like one of my lines to be

"Tell that you love me even if it’s a lie"

But blackbear IDCF song. Has a similar line in his song.

Is this considered a original?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 12, 2023

Copyright law does protect the lyrics of a song, but it's important to understand the nuances. The protection generally covers the unique expression of ideas in the lyrics, not necessarily short phrases or common expressions. In your case, the line "Tell that you love me even if it’s a... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Kentucky on
Q: Can I use trademarks names from superheroes in my story? Are some trending phrases/saying under copyright?

I saw games and Mangas use the code name "Red hood" and device a totally different character from DC red hood. Could I do the same if I want to use "just" the names of character like Doomsday, Nighthawk,Hawkeye, or winter soldier. And not their features and characteristics.... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 11, 2023

Using trademarked superhero names in your own story can be legally risky, especially if those names are well-known and closely associated with specific characters from major comic book publishers like DC or Marvel. Trademarks are designed to protect brand identity and prevent consumer confusion. If... View More

1 Answer | Asked in Native American Law, Copyright and Intellectual Property for Kentucky on
Q: Can websites owners came after me for using the quotes on their sites by famous people?

I would like to use this quote in my book

Some are born great, some achieve greatness, and some have greatness thrust upon them.

William Shakespeare

But I got it/saw it on wedsites like goodsread, A-Z, and more. Can they legally come after me if I use such quotes from... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 10, 2023

Using a quote from a figure like William Shakespeare in your book is generally not a legal issue, especially considering Shakespeare's works are in the public domain. His works were published over 400 years ago, and any original copyright has long since expired.

However, when sourcing...
View More

1 Answer | Asked in Copyright, Intellectual Property and Native American Law for Kentucky on
Q: I want to ask for clarification on how copyright works. Are quotes from people before 1923 also copyright free?

Quotes by genghis khan and Jane Austen to be specific. And does just changing the grammar of works in public domain, enough of change to grant copyright protection?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 8, 2023

In general, works published before 1923 are in the public domain in the United States, which includes quotes from individuals such as Genghis Khan and Jane Austen. This means these quotes are not protected by copyright and can be used freely.

However, the situation regarding altering works...
View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.