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New York Copyright Questions & Answers
3 Answers | Asked in Copyright, Business Law and Intellectual Property for New York on
Q: My photos are being used on SHEIN without my permission. What can I do about this?

I have a small business where I sell handmade bracelets. It has come to my attention that

SHEIN used to of my photos.

David H. Relkin
David H. Relkin
answered on Dec 19, 2024

I assume that your images are on Shein's website.

So long as you own your images (it wasn't a Shein photograph), they are using and they are using your image without your permission, especially in the case that they are using it for profitable purposes, there are two "causes...
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1 Answer | Asked in Copyright and Intellectual Property for New York on
Q: can i sell a Book which i own the copyright with inside a link to a free downloadable bonus ebook CC-BY-NC-SA?

the Book i sell has a qrcode link to the ebook. the bonus content is advertized.

the bonus ebook is made by me, using other CC-BY-NC-SA contents.

James L. Arrasmith
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answered on Oct 23, 2024

Including a free downloadable bonus ebook in your sold book can be tricky due to licensing restrictions. Since the bonus ebook is under the CC-BY-NC-SA license, the non-commercial (NC) aspect means it shouldn’t be distributed as part of a commercial transaction. Linking the bonus to a purchase... View More

3 Answers | Asked in Copyright and Intellectual Property for New York on
Q: A circle of 3D model copyright infringements

So, say, someone has made a game and for it created a bunch of 3D models that are direct copies of copyrgihted content from different IP's. They are 100% breaking the law, this is out of the question.

What if I get access to those models? Can I use them without the creator permission?... View More

Alan Harrison
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answered on Oct 10, 2024

Sorry, it's not that simple. At least under the Second Circuit, which is where New York sits, infringing derivative works can also be independently worthy of copyright. "Our Court concluded that Eden could state a cause of action for infringement of its own derivative works and licensed... View More

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1 Answer | Asked in Copyright, Business Law, Civil Rights and Entertainment / Sports for New York on
Q: If I shoot a music video for a new song in public, and regular people wind up in the recording, is that a problem?

We are planning to shoot a music video for a new song in various locations, Arizona, California, Nevada, New York. The video will be published to YouTube for the band. Normally on a set, the actors and everyone involved know they will be in the music video. However, this video will be out in public... View More

James L. Arrasmith
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answered on Sep 17, 2024

When filming a music video in public spaces, it's important to understand the legal implications of capturing individuals in the background. Generally, people in public places have a lower expectation of privacy, meaning they can be filmed without explicit consent, especially if they are not... View More

2 Answers | Asked in Copyright for New York on
Q: hello, I was looking to make a website like rotten tomatoes for WWE where people can rate there favorite matches and cre
Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Sep 10, 2024

It seams the question is incomplete. However, these are my comments: (THIS IS NOT LEGAL ADVICE)

Creating a website where users can rate and discuss WWE matches involves several potential legal considerations, particularly related to copyright and trademark issues. Here’s a breakdown of...
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1 Answer | Asked in Business Law, Copyright and Trademark for New York on
Q: I sell custom handmade tie dye for $40 and received a custom order request for a killer klown tie dye. Can I do this?

Everything is hand drawn by me, and each custom order is an original design.

The design:

I've used one of the characters as a reference, and the movie poster image.

My version of one of the clowns is on the front, the shoulders have a pink that drips down the front and... View More

James L. Arrasmith
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answered on Sep 7, 2024

When creating and selling custom art that incorporates recognizable characters or elements from copyrighted movies, it’s important to consider the legal implications. Even if the artwork is hand-drawn and each design is unique, using characters or distinct elements like taglines from copyrighted... View More

1 Answer | Asked in Copyright and Intellectual Property for New York on
Q: Stolen song published w/o my consent in 2010. Now it's platinum. I'm being sued by the thief b/c I stopped pub deal wtd?

Song published initially 2010, licensed over a dozen times globally w/o my consent. Now song the song was released again by a major label w/o my consent and it's platinum. I stopped the original thief's attempt to get paid from a publishing deal using my song as he is in efforts with the... View More

James L. Arrasmith
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answered on Sep 4, 2024

Given the complexity of your situation, it seems you have strong grounds to take legal action against the foreign branch of the American company. The fact that they filed multiple copyrights in the U.S. could indeed provide a basis for U.S. jurisdiction. This point strengthens your position to... View More

2 Answers | Asked in Copyright, Trademark and Intellectual Property for New York on
Q: Can I get sued for using my company name VMoss Body and the other companies name is “V The Seamoss Boss”?

my company sells body soaps with seamoss. and the other company sells raw seamoss.

Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Sep 10, 2024

Understanding the difference between using a name as a trademark versus simply as a business or legal entity name is crucial. Here’s what happens in each scenario:

1. Name Used as a Trademark

When a name is used as a trademark, it is intended to identify and distinguish the goods...
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3 Answers | Asked in Intellectual Property, Trademark and Copyright for New York on
Q: "Can I sell T-shirts with images of President Donald Trump in the U.S.? Will it violate any regulations?"
Bao Tran
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Bao Tran
answered on Jul 25, 2024

Based on the information provided and general legal principles regarding the use of a public figure's image, here's an analysis of selling T-shirts with images of President Donald Trump:

Right of Publicity:

Public figures like former presidents have a right of publicity,...
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3 Answers | Asked in Copyright, Trademark and Intellectual Property for New York on
Q: What are my rights for someone using a picture they took of me at a private event? Now made into A Mural.

The picture has now been used as a city mural project, this was not known to me at the time of taking the picture. It happened over a year ago. But the mural was completed in the last two weeks. The artist contact me after a friend had notice they saw my face on a building and ask the artist if he... View More

Bao Tran
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Bao Tran
answered on Jul 25, 2024

Based on the situation you've described, there are several legal and ethical considerations to address regarding the use of your image in a public mural without your prior consent. Here's an analysis of your rights and potential courses of action:

Right of Publicity:

In...
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1 Answer | Asked in Copyright and Intellectual Property for New York on
Q: Am I able to print a Political yard sign with a Picture of Donald Trump and/or his Make America Great Again slogan?

If not, can I use a hand-drawn silhouette of his face?

James L. Arrasmith
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answered on Jun 19, 2024

There are a few potential copyright and trademark issues to consider here:

The "Make America Great Again" slogan was trademarked by Donald Trump for use in his political campaigns. Using it on yard signs without permission could be considered trademark infringement.

A...
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1 Answer | Asked in Copyright and Intellectual Property for New York on
Q: Will a 3D map of New York violate architectural copyright laws?

Hello. Thank you for your time. I want to make a puzzle with New York on it. This map will consist of a large number of objects and landscape elements, and will also include famous architectural structures, such as: Empire State Building, Chrysler building, One World Trade Center, Rockefeller... View More

James L. Arrasmith
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answered on May 15, 2024

Creating a 3D map of New York City that includes famous architectural structures may potentially raise some intellectual property concerns, especially if the buildings are depicted in a realistic manner. However, the specific implications would depend on various factors and the laws of the... View More

1 Answer | Asked in Business Law, Copyright, Intellectual Property and Trademark for New York on
Q: Can I create a name that is "word1 and word 2: word 3 word 4 word 5" when "word1 and word2" is already a trade mark?

I have a product with 6 words. But it seems the first 2 words are trademarked. Can I still use this name or would I need to change it all?

James L. Arrasmith
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answered on Feb 21, 2024

If "word1 and word2" is already a trademark, it's crucial to proceed with caution. Even if you use "word3 word4 word5" along with it, there could still be potential legal issues, especially if the combination creates confusion with the existing trademark. Using part of a... View More

1 Answer | Asked in Copyright, Business Law, Trademark and Intellectual Property for New York on
Q: Is it legally allowed to sell goods such as clothing items with the phrase "Spidey sense" on them?

Those clothing items do not include anything else that might be related to "spider-man". the clothing items only have the phrase "Spidey sense" and graffiti designs that are free to use on them.

James L. Arrasmith
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answered on Feb 1, 2024

Selling clothing items with the phrase "Spidey sense" on them may potentially raise legal issues related to trademark and copyright. "Spidey sense" is a term associated with the fictional character Spider-Man, a trademarked and copyrighted character owned by Marvel Comics, which... View More

1 Answer | Asked in Copyright and Intellectual Property for New York on
Q: Is it legal to make an AI generating pictures app based on description from other ai engine that a user enters the url?

For example: a user get in to my app and tells me he wants to generate a picture like a listing on Airbnb (probably copyrighted), so he enters the url to the specific listing, I transfer the url to an ai engine that can describe pictures in details, I use ONLY the description that the engine gave... View More

James L. Arrasmith
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answered on Feb 4, 2024

Creating an AI-generated picture app based on descriptions from another AI engine that a user enters through a URL can potentially raise legal issues related to copyright and intellectual property. While the generated image may not be a direct copy of the original picture, it could still be... View More

1 Answer | Asked in Copyright and Intellectual Property for New York on
Q: Hello: Cates v. Shlemovitz, et al. No.3:21-cv-00805 (N.D.N.Y. 2022) Am appealing # 23-750 2nd circuit.

Searching for the case # of the Dragnet controversy, over 4 notes (dum, da,dum,dum.) Can you help find that case? Thank you., on my own behalf. here is what I found https://library.syracuse.edu/blog/dragnet-a-musical-controversy/

James L. Arrasmith
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answered on Dec 30, 2023

The case involving the "Dragnet" musical controversy was a copyright dispute over a four-note motif originally composed by Miklós Rózsa for the film "The Killers" in 1946, which was later used in the "Dragnet" theme music by Walter Schumann. The case was eventually... View More

1 Answer | Asked in Copyright, Gaming and Intellectual Property for New York on
Q: So If a company doesn't renew a license deal for a game is it still illegal to pirate the game?

In 2017 Activision didn't renew a licensing deal they had with Marvel so they had to take down all of their Marvel games they had published. So I wanted to know if it would still be illegal to download any of those games through a website even though there is no possible way to get those games... View More

James L. Arrasmith
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answered on Nov 18, 2023

Whether a company has renewed a licensing deal or not, it is still illegal to pirate a game. The expiration of a licensing deal, such as the one between Activision and Marvel, affects the company's ability to sell or distribute the game, but it does not affect the copyright status of the game.... View More

1 Answer | Asked in Copyright for New York on
Q: Can I trade mark Diddle Hatt

I want to trademark this word phrase

John Michael Frick
John Michael Frick
answered on Sep 23, 2023

Assuming no one else already has, it is possible to trademark such a phrase in connection with your products or services. I assume this will be used in connection with some particular headwear brand.

1 Answer | Asked in Consumer Law, Copyright, Civil Rights, Gaming and Intellectual Property for New York on
Q: Doesn't censorship of a product after point of sale present some legal challanges?

What of censorship in general? the freedom of speech and exspression mean nothing when there's no one or no way to hear it.

I'm very concerned about the pressures from many special interest groups and diverse and even opposing political parties trying to control or cancel people... View More

James L. Arrasmith
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answered on Sep 11, 2023

You have raised a multi-faceted issue that encompasses both the legal domain and the evolving norms in society.

From a legal standpoint, private companies like game developers and publishers generally have a broad latitude to modify their products as they see fit, including post-sale. This...
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Q: MarkTwain and Censorship. appeals?

I believe that, once upon a time, a publisher published the works of mark twain but censored what may have been offensive. The censorship won out in the end. (evil won in that case) but i wonder if that case was disputed further and appealed. does anyone know?

The Roald Dhal censorship was... View More

James L. Arrasmith
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answered on Aug 15, 2023

I'm familiar with historical cases of censorship, such as those involving Mark Twain's works, but whether a specific case was appealed and overturned would require a thorough review of the legal history and court records. Appeals and potential outcomes depend on various factors, including... View More

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