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Nebraska Copyright Questions & Answers
1 Answer | Asked in Copyright, Intellectual Property and Trademark for Nebraska on
Q: can I use "kidz Kinect" for a church children's worship program or is that trademark infringement ?
James L. Arrasmith
James L. Arrasmith PRO label
answered on Feb 25, 2023

It is possible that "Kidz Kinect" could be a trademark that is owned by someone else for a similar or related product or service. To determine if using "Kidz Kinect" would be trademark infringement, you would need to conduct a trademark search to see if the name is already... Read more »

1 Answer | Asked in Copyright and Intellectual Property for Nebraska on
Q: If I make a podcast where I review books and highlight their essential details, am I committing infringement?

I plan to give credit to the author and don’t plan on quoting the book directly. I’m just wondering if I’m crossing a line between doing a “book review” and committing infringement

Bernard Samuel Klosowski
Bernard Samuel Klosowski
answered on Oct 13, 2020

What's described sounds like "Fair Use" under Section 107 of the Copyright Act; e.g., criticism, comment, news reporting, teaching, scholarship, and research are forms of freedom of expression and are likely fair use.

Of course, "fair use" is simply a defense to a...
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1 Answer | Asked in Consumer Law, Copyright, Intellectual Property and Trademark for Nebraska on
Q: How do I get a literary work copywrite protected independent of an attorney in the state of Nebraska?
Charles Edwin Runyan
Charles Edwin Runyan
answered on Aug 20, 2020

If you are the author of a literary work, the moment the work is finished copyright protection springs into being without any effort on your part. (other than finishing it). You can immediately mark it with the "C" in a circle.

If you go to the copyright office's website,...
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1 Answer | Asked in Copyright, Criminal Law, Personal Injury and Products Liability for Nebraska on
Q: Hello! There is someone accusing me of rape to the university

I have an issue going on at (X) University. The university decision wont be based on facts. They said if it is more likely that you might did that then they will dismiss me from the school. They already have effected my mental illness, my life, and my school performance. I am planning on gathering... Read more »

Julie Fowler
Julie Fowler
answered on Nov 18, 2019

If you have a situation that involves both potential criminal charges and a disciplinary issue with an university, you will want to contact an attorney that has experience with both criminal defense cases and school disciplinary issues.

2 Answers | Asked in Copyright and Intellectual Property for Nebraska on
Q: I wrote a story and a radio station wants to play it on the radio. Should I sign the release form giving them copyright?

My children's story was performed for the public by a director friend and a radio station recorded it for us. They now want to play it on the radio and need me to sign a release form giving them copyright over the broadcast recording. I am still trying to get my story published in book form... Read more »

Andrew Zulieve Esq
Andrew Zulieve Esq
answered on Nov 2, 2018

I would have the release carefully reviewed by a copyright attorney. Depending on the language in the release, it is possible that you are assigning (giving up for all time) at least one and maybe all of your bundle of exclusive copyright interests. Since it appears that you do not want to do... Read more »

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1 Answer | Asked in Copyright and Trademark for Nebraska on
Q: Which is better to copyright or trademark?

We have a new slogan we want to trademark - U Mortgage (powered by Siouxland Federal Credit Union)

Michael Gerity
Michael Gerity
answered on Oct 10, 2017

Hello. Copyright and trademark are completely different types of protection for different types of intellectual property. A copyright is intended to protect forms of creative expression. We typically think of movies, books, songs, pictures and things like that, though copyrights are also used... Read more »

1 Answer | Asked in Copyright for Nebraska on
Q: I have a picture of a tv on my website, it shows a collage football player. Can I use that on signage too?

I dont sell tv's or any sports items, we do repairs. I made the image using a stock tv pic and superimposed an image off the internet of a husker player to make it look like I took the picture of him celebrating a TD.

Adam Studnicki
Adam Studnicki
answered on Jul 31, 2015

Your use of someone else's image may constitute a copyright (and may other) violation. Talk to a local copyright/trademark lawyer.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal...
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