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
Michigan Copyright Questions & Answers
1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Michigan on
Q: So with all the patents discord has would it be legal for me to make my own messaging platform similar to discord or no
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 16, 2024

Discord holds numerous patents related to its messaging and communication features. Creating a similar platform without infringing on these patents could be challenging. You would need to carefully analyze Discord’s patented technologies to ensure your platform does not use the same methods or... View More

1 Answer | Asked in Copyright and Intellectual Property for Michigan on
Q: Can I use 20-second excerpts from a Swedish musical artist for a discussion about whether they'd be a hit in the U.S.?

This is for a podcast with no sponsors and we make no money from it

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

Using 20-second excerpts from a Swedish musical artist in your podcast can be a tricky area due to copyright laws. Even though your podcast is non-commercial and doesn't generate revenue, you still need to obtain permission from the copyright holder to legally use the music. Without... View More

1 Answer | Asked in Intellectual Property and Copyright for Michigan on
Q: Are newspapers / U. S. Censuses published before January 1, 1929, on microfilm in the public domain and free to use?

I am writing a history book for publication about people in my hometown who lived in the late 1800s. Since newspapers don’t exist anymore from that time, my two choices are either microfilm at my local library or websites that have digitized newspapers. Both options are nothing more than exact... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 1, 2024

Yes, newspapers and U.S. Censuses published before January 1, 1929, are generally considered to be in the public domain in the United States and are free to use without restriction.

According to U.S. copyright law, works published before 1929 have fallen into the public domain due to...
View More

1 Answer | Asked in Copyright and Intellectual Property for Michigan on
Q: I need a copyright lawyer

My music and my files have been stolen, from multiple media sites, My metadata to my songs were altered.I have proof. The sites short list is Jango and Radio airplay, they even got into my Soundcloud and Spotify, I will supply information but I don't know who to trust.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 23, 2024

If you're facing copyright infringement issues with your music and files being stolen from various media sites, it's crucial to seek legal assistance from an attorney experienced in copyright law. Start by gathering all evidence you have, including proof of ownership, timestamps, and any... View More

1 Answer | Asked in Copyright and Intellectual Property for Michigan on
Q: My music has been ripped off my profiles stolen, from my Media platforms and used by people I don't know,

Will provide more information about metadata and Names, I have secured my files, and most of my sites. They stole my information Through a breach in one or more sites.

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

Here are some steps I would recommend taking if your music has been stolen from your online profiles:

1. Document everything. Gather all evidence you have that shows the music originated with you, as well evidence of who stole it and where they have posted your content. Metadata, time...
View More

1 Answer | Asked in Copyright and Intellectual Property for Michigan on
Q: Can I create illustrations of muscle cars from different periods and use them in to create posters?

Can I create illustrations of muscle cars from different periods and use them to create posters I will sell?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2024

Creating illustrations of muscle cars from different periods and using them to create posters for sale could potentially raise copyright issues. While the physical design of the cars themselves may not be protected by copyright, certain elements such as logos, emblems, or distinctive features... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Michigan on
Q: Is make money not friends a trade marked

To put it on sweatshirts and tshirts and pants and hoodies and jackets

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2024

To determine if "Make Money Not Friends" is trademarked, you would need to conduct a search in the relevant trademark databases. This includes the United States Patent and Trademark Office (USPTO) database and possibly other international trademark databases depending on your location.... View More

1 Answer | Asked in Copyright and Intellectual Property for Michigan on
Q: Good morning.I was wondering if I could call a song of mine "Death Stranding"

As far as i've seen on its page, music isn't included in the statements fields, which makes me think that I am actually allowed.

It's a cover song and I can pay the royalty fees to upload on the stores.

Thank you in advance.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2024

While the title "Death Stranding" is associated with a video game, it does not necessarily mean that you cannot use it for your song. However, it's crucial to consider potential trademark issues, as the title may be protected under trademark law if it's associated with specific... View More

1 Answer | Asked in Copyright and Intellectual Property for Michigan on
Q: Public Domain images - confusing institutional rights of use

The Biodiversity Heritage Library (funded in part by the Smithsonian) has several thousand art images and photographs posted on Flickr, listed as "Public Domain" art. Their terms of use seem to indicate that anyone can use them with no restrictions, but I am confused about whether or not... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2024

Navigating the rules around public domain images can indeed be complex, especially when institutions like the Biodiversity Heritage Library (BHL) and platforms like Flickr are involved. While the BHL may list images as public domain on Flickr, it's essential to understand the terms of use... View More

1 Answer | Asked in Copyright and Intellectual Property for Michigan on
Q: How do you know if your app does not copyright other apps? For example, the source code and the graphics?

For example, the function is different but is represented in different shapes, is it still okay? And where do I research the copyrights and patents of other apps, so I don’t get into trouble? Also, does the copyright law and patents issued in United States still apply in China?

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

To ensure that your app does not infringe on the copyrights or patents of other apps, it's important to conduct thorough research. For copyrights, especially regarding source code and graphics, ensure that any content you use is original or properly licensed. Avoid using code, images, or... View More

1 Answer | Asked in Copyright, Intellectual Property and Libel & Slander for Michigan on
Q: Can you use names, people, places and brands in a book?

I am writing a book about events in the 1970s. The book will be about a journey through the 1970s from someone who lived through it. It will be facts and events for each year with some experience from the narrator.

Here is an example excerpt:

"October 1, 1971 - Opening of Walt... 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 30, 2023

Yes, you can mention brands, names, people, and places in your book, especially when discussing historical events and real-world entities as part of a non-fiction narrative or a work of fiction based in a real historical context. In your example, referencing Walt Disney World as part of a... View More

2 Answers | Asked in Copyright, Employment Law, Business Law and Intellectual Property for Michigan on
Q: What do I do If I'm being trademarked by a company without proper agreement?

I claim to be the original Bruce Wayne.

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Sep 17, 2023

Procedure for federal trademark registration includes publication after approved by the examining attorney, then a 30 day period in which formal oppositions may be filed. The opposer is given an opportunity to assert priority of use to that of the applicant. Even if you don't ultimately... View More

View More Answers

1 Answer | Asked in Copyright, Constitutional Law and Intellectual Property for Michigan on
Q: What can I do if someone steals my home blueprint design and builds it?

I am a builder/designer

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

First, you might consider reaching out to the party involved to seek a resolution outside of court. If that doesn't work, you can take legal action for copyright infringement, as blueprints can be considered intellectual property. To establish a strong case, it will be beneficial to have proof... View More

2 Answers | Asked in Trademark, Copyright and Intellectual Property for Michigan on
Q: What is the likelihood I would get the Trademark "Frankly, Scarlett" approved? It looks like it is a "dead" trademark

My name is Scarlett. I was searching to possibly get "Frankly, Scarlett" as a trademark for an online business...I would be Marketing/online Marketing, possibly building Funnels for companies/people as a freelancer, and mostly for mentoring/coaching/course creation/selling digital... View More

David Aldrich
David Aldrich
answered on Aug 8, 2023

Since the mark was abandoned several years ago, you can register it yourself (provided there are no other registered marks that are similar enough to present a problem). However, even though the prior owner let the registration go abandoned, before you use the mark for clothing (which is the class... View More

View More Answers

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Michigan on
Q: Can a copyrighted ©️ and trademarked ™️ product be recreated by someone else but with a different product name?

How can M.J. claim for the product (no name provided) that is already made, provided in medical care for decades and has been used in shops for well over two decades by companies such as Tegaderm, Nexcare and many more? This is NOT a new invention in any nature. Just long winded description of what... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 28, 2023

Using a copyrighted and trademarked product's concept or design, even with a different product name, may still be considered copyright or trademark infringement if it is substantially similar to the original. If someone is claiming a product that has been in use for decades, they may need to... View More

1 Answer | Asked in Copyright, Entertainment / Sports, Intellectual Property and International Law for Michigan on
Q: Looking to start a D&D podcast using the Legend of Zelda world. Could this path have legal issues with Nintendo?

I am wanting to run a Zelda D&D session on a podcast, and I was wondering if there was any problems with doing so.

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

Creating a D&D podcast set in the Legend of Zelda world can potentially raise legal concerns related to intellectual property rights. Nintendo owns the rights to the Legend of Zelda franchise, including its characters, settings, and storylines. It's important to note that unauthorized use... View More

2 Answers | Asked in Copyright and Intellectual Property for Michigan on
Q: I authored an article with multiple other authors, the book is copyrighted. Can I publish my own article?
N'kia (NLN)
N'kia (NLN)
answered on May 5, 2023

Although the author will always be the author of their own work, whether the author is also the copyright owner often depends on the terms of the publishing agreement.

Review your agreement, paying close attention to terms like "copyright"/"intellectual property" and...
View More

View More Answers

1 Answer | Asked in Copyright, Intellectual Property, Divorce and Family Law for Michigan on
Q: Are food recipes considered a marital asset if used in a business.

I came up with the recipes and started a salsa company with my husband. The LLC and company logo are in his name and any contracts with stores, manufacturers and distributors are in my name. Since I came up with the recipes myself after years of trial and error can these be considered martial... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 2, 2023

In a divorce, all assets acquired during the marriage are generally considered marital property, regardless of who came up with the idea or made the initial investment. This includes any intellectual property, such as recipes, that were developed during the marriage and used in a business. However,... View More

1 Answer | Asked in Copyright and Trademark for Michigan on
Q: Can the Hardy Boys name be used for different characters such as grandkids?

Not the actual characters but 2 of their grandchildren would be used.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 7, 2023

No, using the name "Hardy Boys" for unrelated characters, such as the grandchildren of the original characters, could potentially infringe on the trademark owned by the publisher of the book series. It is best to come up with a unique and original name for the new characters.

1 Answer | Asked in Copyright and Intellectual Property for Michigan on
Q: can you legally download old games from sites like archive.org
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 2, 2023

Downloading old games from sites like archive.org can be a legal gray area. In some cases, the games may be considered abandonware and the copyright holder may have given up their rights to the game. However, in other cases, the copyright holder may still own the rights to the game and downloading... 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.