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Missouri Intellectual Property Questions & Answers
1 Answer | Asked in Intellectual Property and Libel & Slander for Missouri on
Q: Can I put pictures of my siblings and me in the book I am writing without their permission.

I am writing a book about growing up from 1951 - 1962. I inherited the pictures my parents took of me and my 6 siblings during that time. Can I use these pictures even if my siblings don't give their permission? My parents took them, I inherited them, and I am in the pictures.

James L. Arrasmith
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answered on May 19, 2024

The use of photographs in a book can be a complex legal issue, and it's advisable to consult with a lawyer specializing in intellectual property rights to get a definitive answer. However, here are some general points to consider:

1. Copyright: The person who took the photograph...
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3 Answers | Asked in Intellectual Property and Copyright for Missouri on
Q: Person doing artwork for cover I designed for my book is claiming ownership

I bartered with a "friend" to do the artwork for cover to book. (A new Mini-fridge for her artwork.) I gave her the rough sketch of my cover and pictures of components in that sketch. She is now claiming it is her work and she will (or already has) put the cover on Facebook giving her... View More

Sean Goodwin
Sean Goodwin
answered on May 8, 2024

Under U.S. law, an original work of authorship fixed in a tangible medium receives an automatic copyright.

You own a copyright to your original sketches. You do not own your friend's artwork (at least the original components that she added) because you did not agree via contract with a...
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2 Answers | Asked in Trademark and Intellectual Property for Missouri on
Q: If the word Thankful is trademarked for clothing, how are there so many stores selling T-Shirts with the exact saying?

These T-shirts are everywhere on platforms like Etsy.

T. Augustus Claus
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answered on Oct 18, 2023

The use of a trademarked word like "Thankful" on clothing may be subject to various factors, including the scope of the trademark and any potential licensing agreements. If you believe someone is infringing on a trademark, you may want to report it to the trademark owner. For personalized... View More

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1 Answer | Asked in Copyright and Intellectual Property for Missouri on
Q: how did I obtain a license agreement for Disney, marvel, and dc? I want to do custom tees inspired by their content
James L. Arrasmith
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answered on Sep 9, 2023

Obtaining a license agreement to use intellectual properties of Disney, Marvel, and DC for creating custom merchandise involves approaching the respective companies and negotiating a license agreement with them. You will need to prepare a detailed business plan outlining how you plan to use their... View More

1 Answer | Asked in Copyright, Gaming and Intellectual Property for Missouri on
Q: dad be able to sue a company for not putting his name in the credits for the work he sold them as agreed through email

my dad made a mod for a game; they said that they would pay $500 and put his name in the credits. years later, his name is nowhere to be seen, what can he do about this?

James L. Arrasmith
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answered on Jul 10, 2023

If your dad made a mod for a game and had an agreement with the company to be paid $500 and have his name in the credits, but the company has not fulfilled their part of the agreement, he may consider reaching out to them to remind them of the agreement and request that they rectify the situation.... View More

2 Answers | Asked in Contracts, Business Law, Entertainment / Sports and Intellectual Property for Missouri on
Q: In some cases, will a talent manager that has ties to, let's say Atlantic Records, charge an upfront fee?

In some cases, will a talent manager that has ties to, let's say Atlantic Records, charge an upfront fee for their services? I'm aware it may not be common, but could it still be legit? For starters, me and my team reached out to him to pitch my music. He ended up really liking me and a... View More

James L. Arrasmith
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answered on Jun 18, 2023

It is generally not common for a legitimate talent manager to charge an upfront fee for their services. However, there may be some cases where a manager with ties to a major record label, such as Atlantic Records, may charge an upfront fee for their services.

It is important to carefully...
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1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for Missouri on
Q: I filed for and received a patent for a product I invented.

I would like to make another attempt to market my invention. I believe my patent expired and would like to know how I can bring it up to date or does someone else now own it?

Kevin E. Flynn
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Kevin E. Flynn
answered on May 8, 2023

If you had an issued Utility or Design patent and that patent expired at the end of the life of the patent, then that idea is part of what the public gets to use without paying patent royalties.

If your Utility patent lapsed as you unintentionally failed to pay a maintenance fee, then that...
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1 Answer | Asked in Copyright and Intellectual Property for Missouri on
Q: I do digital painting for a hobby. I want to give full copyright to another individual. w/o paying lawyers.

The paintings contain nothing copyrighted or trademarked, I have not registered them. They are too numerous to afford to do so. The other person lives too far for both of us to meet to sign a document together. And I have no requirements of them. I simply wish to give the copyright away to... View More

James L. Arrasmith
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answered on Mar 29, 2023

To transfer copyright ownership to another individual, a written agreement or document is typically necessary. This agreement should clearly state the transfer of ownership, including the scope and duration of the transfer, and should be signed by both parties. While it is possible to create such... View More

2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Missouri on
Q: This patent cites my grandfathers patent. But his last name has been misspelled can we get it corrected?
James L. Arrasmith
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answered on Feb 25, 2023

If your grandfather's name has been misspelled in a patent citation, you may be able to get it corrected. The process for correcting a mistake in a patent citation varies depending on the specific situation, but in general, you should contact the issuing authority of the patent that made the... View More

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1 Answer | Asked in Trademark, Business Law and Intellectual Property for Missouri on
Q: Can I as a music venue owner use this trademark and in turn file for it to be mineSerial Number74343304
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jan 3, 2023

The application SN 74343304 (IF YOU BUILD IT THEY WILL COME) was for art prints, but was abandoned. Applications to register that mark for construction services and fitness centers were made but abandoned.

IF YOU BUILD IT THEY WILL COME is currently registered for use on apparel, but there...
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1 Answer | Asked in Copyright and Intellectual Property for Missouri on
Q: copyright question? creating a cookbook from Pinterest recipes

I want to create a cookbook/blog with Pinterest recipes stating where I found the original I used but talk about how my version turned out while sharing the recipe. is that legal or copyrighted? I plan to take my own photos of my attempts to make the dish, the ingredients (if I change it when I... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Oct 26, 2022

Your use of previously published recipes does not infringe the copyright in them, as it is "fair use" under the law. Fair use allows limited use of copyrighted material without permission from the copyright holder for purposes such as criticism, parody, news reporting, research and... View More

1 Answer | Asked in Copyright and Intellectual Property for Missouri on
Q: Can I use the New Yorker logo on top of an original design on clothes to sell on Etsy? Other well known names?

What are the rules regarding using a copyrighted name for small business commerical use? I'd like to be able to put albums, song names, or use images from movies on clothing items - obviously with an original twist of my own, but I'd like to stay in business, too.

Erik Špila
Erik Špila
answered on Oct 12, 2022

These are sort of complicated and not so easy to answer questions which would require more details from your side so we can provide you more case specific answers.

In general - you can not use copyrighted logos, names, designs and so on without the consent of the copyright owner in...
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2 Answers | Asked in Copyright and Intellectual Property for Missouri on
Q: If I take a photograph of the U.S. Capitol building, can I use it as part of the cover art for my novel?
Steve Charles Vondran
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answered on Jul 26, 2022

Generally speaking, the photos you take are your own property, and can be protected by copyright. This means, as your property (IP), you can use it as you like. Some buildings can be subject to architectural copyright protection, but being a federal building (taxpayer funded), I would feel... View More

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1 Answer | Asked in Business Law, Copyright and Intellectual Property for Missouri on
Q: Former board member stole intellectual property. What can I do?

I am the founder and president of a non-profit organization, registered in Missouri since 2019. A former board member has stolen the intellectual property of the organization and is using the organization's name for personal use. They have removed my access to the domain name in the... View More

Matthew Morris
Matthew Morris
answered on Jun 4, 2022

The devil is going to be in the details on this, and there are probably dozens of follow-up questions that a nonprofit attorney (which I am) or an intellectual property attorney (which I am not) would ask you. But here are some thoughts.

This type of situation often arises when two or more...
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1 Answer | Asked in Copyright and Intellectual Property for Missouri on
Q: Can someone copyright a type of card?

I want to make my own cards for people to support their loved ones who are coming out as part of the LGBT community. However, other people are already doing that. Since that idea is so specific and unusual, could someone copyright that type of card? Or can anyone make any type of card as long as... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Dec 27, 2020

The second. You can not protect the concept. You can only protect the content, its substance and look and feel. So you can protect the combination of words, in a specific style, graphics, artistic elements.

They need to be unique.

Consult with an attorney.

1 Answer | Asked in Intellectual Property for Missouri on
Q: I'm giving birth at 14 what rights do I have over myself and the child
Julia Lang
Julia Lang
answered on Nov 4, 2020

I recommend contacting a Family Law attorney to discuss your specific situation.

1 Answer | Asked in Copyright, Entertainment / Sports and Intellectual Property for Missouri on
Q: Would I be able to write a musical titled, “Danny Phantom the Musical” and use the likeliness of the characters?

I am looking to write a musical and I would love to write a musical based on the cartoon Danny Phantom. I noticed that there is a trademark on Danny Phantom. So I was curious if I could use the name Danny Phantom and attach Musical to it, while also using the likeliness of characters in the... View More

James D. Williams
James D. Williams
answered on Jul 26, 2020

The biggest thing that you have to worry about is probably copyright because you would be making a derivative work by making a musical. Viacom has the registration for the show, and when you adapt and derive content from one medium into another, you need a license from the respective owner(s).... View More

1 Answer | Asked in Intellectual Property and Trademark for Missouri on
Q: Someone in Israel is selling jewelry on a website with the same name as mine in the us. No trademark. Can I use it?

My business is in the US. The other person's business is in Israel. Both of us use a similar name and web address ( I registered my domain a year before. He added a hyphen.) He got his business running before I did. Neither of us have applied for trademarks but both would be operating similar... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Dec 30, 2019

In general trademark protection is territorial

if they are not selling the same products under the same brand in the same territories, both may be able to coexist

if they are selling in the USA, they can claim rights over the brand, even if it is not registered

consult with...
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1 Answer | Asked in Business Law and Intellectual Property for Missouri on
Q: is it legal to pose as the Grinch in Christmas pictures to photograph, and sell those images?

My wife and her business partner own their own photography company and were wanting me to dress up as the Grinch and photograph other people with the Grinch during Christmas. Obviously they would be paid for their services. They read somewhere about a photographer being sued by Dr Seuss and... View More

Tim Akpinar
Tim Akpinar
answered on Oct 7, 2019

You could repost your question and add Intellectual Property to your categories. Attorneys who work in that area would be likelier to recognize the issues that concern you than ordinary Business Law/Business Formation attorneys. Good luck

Tim Akpinar

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