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New Jersey Copyright Questions & Answers
1 Answer | Asked in Copyright, Entertainment / Sports and Intellectual Property for New Jersey on
Q: Can u parody oompa loompa song for an ad on a new product that has nothing to do with the song. Title rhymes w product.
James L. Arrasmith
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answered on Mar 5, 2024

Parodying a song for commercial purposes requires careful navigation of copyright and trademark laws, even when the intent is to create a humorous or satirical advertisement. When you consider using a melody or lyrics similar to the "Oompa Loompa" song from "Charlie and the Chocolate... View More

2 Answers | Asked in Copyright and Intellectual Property for New Jersey on
Q: Can I make a parody of the oompaa loompa song without licensing?
James L. Arrasmith
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answered on Mar 4, 2024

Creating a parody of a copyrighted work, including songs like the Oompa Loompa song from "Willy Wonka & the Chocolate Factory," falls under a specific category of use that can be considered fair use under copyright law. Fair use allows for the use of copyrighted material without... View More

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3 Answers | Asked in Copyright and Intellectual Property for New Jersey on
Q: I am a lyricist. ASCAP and BMI only protect performances of completed compositions. What entities protect lyricists?

I intend to seek a copyright for my work before moving forward.

James L. Arrasmith
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answered on Feb 25, 2024

As a lyricist looking to protect your work, it's essential to understand that copyright law is your primary shield. In the United States, the Copyright Office grants copyrights for original works of authorship, including lyrics. Once your lyrics are fixed in a tangible medium of expression,... View More

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2 Answers | Asked in Copyright and Intellectual Property for New Jersey on
Q: A university copied a course that I made and offering online to hundreds of students. How do I sue for copyright breach?

I am a university professor. I created a graduate course that I grew over time and it became very popular attracting 200+ students. I then had to take medical leave. After returning I have discovered that the university has made an online version of my course and are offering it to hundreds of... View More

Emmanuel Coffy
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answered on Feb 18, 2024

Suing for copyright infringement involves several steps and considerations, especially in the context of academic work and the agreements that might exist between faculty members and their institutions. Before proceeding, it's crucial to understand the specific circumstances of your case,... View More

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2 Answers | Asked in Copyright and Intellectual Property for New Jersey on
Q: I have a question regarding copyright infringement.

I own a set of original 35MM photograph slides, which I want to put into a book to self-publish and reproduce. Since I am not the original owner of these slides, do I have the right to fully use them to my advantage?

The slides I bought were from online auctions, which originated from... View More

James L. Arrasmith
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answered on Jan 12, 2024

Owning physical copies of photographs, such as 35mm slides, does not automatically grant you the copyright to these images. The copyright of a photograph typically belongs to the photographer who created it, or their heirs if the photographer has passed away. This copyright usually includes the... View More

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1 Answer | Asked in Intellectual Property and Copyright for New Jersey on
Q: Can a crafter claim copyright on items they created with mass produced, publicly available supplies?

I have online craft stores. A part of my inventory is jewelry, created with supplies that are mass produced and imported from overseas (lockets, charms, necklaces, etc). I often combine these items (ie: add a charm to the face of a locket) and add glow material to make it glow in the dark

I... View More

James L. Arrasmith
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answered on Dec 21, 2023

In New Jersey, as in other parts of the United States, copyright law can be complex, especially when it comes to craft items made from mass-produced components. Copyright protection does not extend to items made from commonly available supplies simply arranged or combined without significant... View More

1 Answer | Asked in Products Liability, Copyright and Trademark for New Jersey on
Q: Is it legal to sell a product that has already been made? Even though I’d be making it myself but changing the name

I’d like to start my own business selling dog bandanas with a scrunchie back rather than a knot, which I saw the idea from company Hunnypotpup. I also wanted to make matching scrunchies with it, which that idea comes from the Foggy dog. I believe they are both trademarked. Is it legal to use both... View More

Emmanuel Coffy
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answered on Aug 28, 2023

Here are some general points to consider based on your description:

Trademark vs. Copyright vs. Patent:

Trademark protects brand names, logos, and other brand identifiers from being used by others. It doesn't protect the idea or concept itself.

Copyright protects...
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1 Answer | Asked in Copyright for New Jersey on
Q: I am seeking per to mission to use a statement on a Vera Neumann table runner to have the image printed on a single

single piece of fabric. I use Vera housewares to make art quilts.

Emmanuel Coffy
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answered on Aug 25, 2023

If you're seeking to use a copyrighted design from a Vera Neumann table runner in your art quilts, there are several aspects you'll need to consider. Here's a comprehensive response and guideline on how to proceed:

Copyright Considerations:

Vera Neumann's designs...
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2 Answers | Asked in Copyright and Intellectual Property for New Jersey on
Q: copyright infringement / examiner oversight

I am sued for copyright infringement.

I requested, paid for, and received the original registration documents, the deposits, and the correspondence from the congress library about the specific copyright. It looks like the examiner made a mistake and oversight on his part (18 years ago),... View More

Emmanuel Coffy
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answered on Aug 22, 2023

Based on your description, you seem to be suggesting that there was a potential error made by the Copyright Office in registering a work that was previously indicated to be ineligible for copyright. Here are some general points to consider:

Validity of the Copyright: Copyright registrations...
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2 Answers | Asked in Copyright, Intellectual Property and Trademark for New Jersey on
Q: Are the bluey images and text copyrighted?

I make cups with bluey images on them. Are bluey images copyrighted?

N'kia (NLN)
N'kia (NLN)
answered on May 2, 2023

Generally, copyright belongs to the creator or author from the moment they create or author something, whether they register it or not, and you can only use something for commercial purposes if you created it, bought it, or "licensed" it. (There are some exceptions to the general rules,... View More

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3 Answers | Asked in Copyright, Trademark and Intellectual Property for New Jersey on
Q: can I use Apollo for my brand
James L. Arrasmith
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answered on May 2, 2023

The use of "Apollo" as a brand name will depend on various factors, including the nature of your business and the goods or services you offer. It's possible that the term "Apollo" is already registered as a trademark by another company in your industry, in which case you... View More

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1 Answer | Asked in Copyright and Intellectual Property for New Jersey on
Q: Can you get hit with a copyright infringement for whats sent in a groupchat? What about what you show people in person?

I’m a YouTuber and I’m curious what is fair use and what isn’t.

James L. Arrasmith
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answered on Mar 29, 2023

It is possible to be hit with a copyright infringement claim for sharing copyrighted material in a group chat or showing it to people in person without permission. Fair use is a legal doctrine that allows for limited use of copyrighted material without the owner's permission for specific... View More

2 Answers | Asked in Copyright, Business Law, Intellectual Property and Trademark for New Jersey on
Q: If my dogs name is Tater, can I bake a chicken and cheese treat named Tater’s Tots?
Leonard R. Boyer
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answered on Mar 25, 2023

NO you cannot do so. The name "Tater Tot" is a registered trademark of Ore-Ida. You would end up paying a significant sum of money since you would be infringement of their trademark. What you need to do is develop a business plan and a different name for your product that is catchy.... View More

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2 Answers | Asked in Copyright, Intellectual Property and Trademark for New Jersey on
Q: What are the first steps in filing for the copyright of an activity or event that will be on-going?

Also includes the words "the new" at the beginning and the word "revue" at the end; (i.e, the new.......revue). As a tribute to the orginal activity, which is no longer in business, would this be an infringement issue?

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Mar 13, 2023

It would not be infringing to use the name or trademark of a company that is no longer in business, and even if it were, the use would be "nominative fair use" which means you are simply naming it for identification purposes.

The title format "the new ... revue" could...
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1 Answer | Asked in Consumer Law, Copyright and Criminal Law for New Jersey on
Q: Is it legal to buy counterfeit jerseys for personal use ? What statute or act states or enforces such act ?
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jun 7, 2022

Assuming that you mean jerseys bearing the registered trademark of a sports team, it is the seller of infringing goods who is liable for the trademark infringement, not the buyer.

1 Answer | Asked in Copyright, Gaming, Intellectual Property and Patents (Intellectual Property) for New Jersey on
Q: Can I patent a game that has open domain IPs such as Santa Clause? I’m making a game where Santa is the main villain

I am making the story unique and bringing my own twist on Christmas and a dark tale of horror with my own unique characters and ideas.

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 14, 2022

Your situation requires more facts and to determine what you can due without getting into serious legal problems, you must retain an experienced patent law attorney. With modern technology, you can be represented by any high-quality attorney in New Jersey irrespective of geography.

1 Answer | Asked in Copyright for New Jersey on
Q: If I take a video I do not own the rights to and pause it. Then take a screenshot of something in it, like two people.

If I take a video I do not own the rights to and pause it. Then take a screenshot of something in it, like two people. However you only see their bodies no faces. Then I take that screenshot from the video and turn it into artwork, like a drawing or painting. Can I sell that as my own art work?... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Mar 3, 2022

What you propose does not infringe the copyright in the video from which you captured a freeze frame.

First, even if you reproduced the screenshot itself, that would be permissible under the "fair use" doctrine; and

Second, your artistic revisions to the screenshot have...
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1 Answer | Asked in Copyright and Communications Law for New Jersey on
Q: Is background music copyrighted if Video live feeding a parade to a YouTube channel?

I plan on Live feeding the Mummers Day Parade in Pennsylvania to my Youtube channel. The marching bands play music and there is other background music in the parade. Would those music sources be considered "fair use" for News Reporting of the event?

My channel is mostly outdoor... View More

Leonard R. Boyer
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answered on Dec 3, 2021

This is not a simple question and it may not be cost-effective to retain counsel. But you need to play it safe and make sure you have written consent to record. Fair use is a complex issue. Your channel is for profit, and unless you have the proper corporate entity for your YouTube channel, you... View More

2 Answers | Asked in Copyright for New Jersey on
Q: can u make a parody of a 4 line verse of a song & use it as a jingle?

This has to do with IP and the fair use act doctrine.

Marcos Garciaacosta
Marcos Garciaacosta
answered on Oct 4, 2021

Maybe

You should consult with an attorney

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1 Answer | Asked in Copyright and Intellectual Property for New Jersey on
Q: Can Shopify even do this? What are my legal options here?

Shopify took down my listing on my website based on a DMCA takedown notice which doesn’t have any contact information, sender’s name or signature!! Is this even considered a valid notice? They are asking me to file a counter, but my question is whom do I file counter to? I don’t even know who... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Aug 18, 2021

Yes they can

They do not want to be in the position of deciding who is the rightful owner of the intellectual property

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