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New York Copyright Questions & Answers
1 Answer | Asked in Copyright for New York on
Q: Can I use proprietary information from a public source for commercial purposes?

I am writing a report for commercial purposes and I want to use Bloomberg terminal for financial data to incorporate in my report. The NY public library had free half an hour access to Bloomberg terminal. Can I footnote sources as information from bloomberg in my report for commercial purposes.... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 21, 2017

It's common legal practice to properly quote and cite sources of information in documents written for commercial purposes. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me,... View More

1 Answer | Asked in Copyright for New York on
Q: I sell trivia and would it be legal to sell an audio round using clips of songs (incl. movie soundtracks)?

This audio round would be sold along with a trivia packet of questions and answers, forms, etc, not just on its own. Only a few seconds of each song would be used (with the idea that players guess the song, artist, film, etc.)

Donovan A Rodriques
Donovan A Rodriques
answered on Feb 23, 2017

In general, the unauthorized copying and sale of copyrighted songs is illegal, even if small portions of the works are used. You may need to obtain a license from the music publisher(s), or a compulsory mechanical license(s) through a licensing provider, such as, the Harry Fox Agency. You should... View More

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for New York on
Q: Understanding claims and scope of one patent

I have been reading regarding claims and scope of patents for over a day now. I have seen that the claims are everything when it comes to proving infringement. Also, I have read that the claims are regarded as a whole and cannot be divided.

I have posted before that I am trying to find the... View More

Peter D. Mlynek
Peter D. Mlynek
answered on Feb 12, 2017

I wish that there would be a better way of a non-lawyer determining if a device or process that is very similar to a claimed device or process infringes or not. Unfortunately, sometimes you really do need a lawyer to give you a legal opinion on these things. It is also unfortunate that such... View More

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for New York on
Q: Understanding the score of a specific patent

https://www.google.com/patents/US9383820

Hello, I want to understand the scope of this patent. From what I saw they are patenting custom vibration patterns in relation to creation of alerts. Though, I do not understand if they are patenting the custom vibration patterns or the custom... View More

Glenn B. Manishin
Glenn B. Manishin
answered on Feb 12, 2017

The scope of patent claims and their validity are really tough issues that warrant you retaining a patent specialist attorney and possibly challenging the referenced patent before the PTO.

1 Answer | Asked in Copyright for New York on
Q: May I sell toy action figures with ZOOTOPIA-look under my own Brand name, or they are copyright/trademarked?
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 10, 2017

You might very well violate their intellectual property rights if you're not licensed to do this. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards,... View More

2 Answers | Asked in Consumer Law, Copyright, Foreclosure and Real Estate Law for New York on
Q: Can I copy and use this data for my New York Real Estate website?

UPDATE:

Just trying to understand. If I can take the data from the nassau county website, why can't I take it from the other websites as it's all public data other than houses for sale by owner?

I have a website for real estate. I would like it to have the latest deals... View More

Michael David Siegel
Michael David Siegel
answered on Feb 1, 2017

You can take data from the Nassau County site.

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2 Answers | Asked in Copyright, Intellectual Property and Trademark for New York on
Q: I would like to know if I can alter ( change, shorten ) the existing trademark name or should I file a new app?

for example the trademark is first and last name and I want to leave only last name for the trademark ( use in commerce)

Donovan A Rodriques
Donovan A Rodriques
answered on Jan 28, 2017

You will file a new trademark application for the new name as used in commerce.

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1 Answer | Asked in Copyright, Intellectual Property and Trademark for New York on
Q: My Item Was Removed For Copyright Violation ... Rightfully?

Hello, here you can see original item and my item: http://goo.gl/9t0jKP

I was selling my item on Amazon and in the message I received from Amazon they notified me about copyright infringement and removal of my item.

They said if I believe I didn't infringe on any copyrights I... View More

Donovan A Rodriques
Donovan A Rodriques
answered on Jan 24, 2017

You should get in touch with an IP attorney for legal assistance.

The materials provided herein are for informational purposes only and do not constitute advertising, solicitation or legal advice. Consequently, you should not rely upon it as advice about specific legal problems because it...
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1 Answer | Asked in Copyright for New York on
Q: Hello, So my question to you is if I can get sued for using a picture my friend made to me?

Details: Basically I have this friend who lives in U.S, I live in Denmark. I asked him if he could make me a picture which I would use on my Twitch Stream (A website where you can stream live to other people) from which I would make money. I asked him if the image was free and he said yes. He then... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 19, 2017

If the owner of the copyright has licensed your use of the photo, then I see no problem in you using it as agreed. It depends on all the facts, though. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not... View More

1 Answer | Asked in Copyright, Entertainment / Sports, Intellectual Property and International Law for New York on
Q: Can I use Beyonce's song and make it funny like: Artist "Reyonce" doing Beyonce Cover (example) or any famous artist?

The funny remakes (karaoke version) of different artists will be used to sell "Reyonce's products). (This is not a real name, using it just as an example). Thank you.

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 19, 2017

There's a fine line between infringement and fair use (e.g., parody) of a copyrighted song. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or... View More

1 Answer | Asked in Copyright for New York on
Q: I want to use a copyrighted image for my Twitter avi (no profit), but don't know if it falls under fair use
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 23, 2017

It depends on the ownership of the copyright and the exact type of use. See: http://www.prometheuslaw.com/business-law/intellectual-property-attorney/

The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials,...
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1 Answer | Asked in Contracts, Copyright and Entertainment / Sports for New York on
Q: asked my artist not to use a exclusive beat i own and they performed it out of spite and won a sit down witha record co

this person is my artist they are under contract and we have had our differences but they choose todo things on there own is there any legal action i can follow up with since i had ask them not to use it in the first place

Aubrey Claudius Galloway
Aubrey Claudius Galloway pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 18, 2017

As long is the beat is properly copyrighted with the United States Library of Congress, a simple task that cost $35 plus attorneys fees, then they are clearly in the wrong and you can sue them... but not necessarily in contract. The only way you can sue them in contract is if you contracted with... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for New York on
Q: Hi, I'm starting a t-shirt business with my own hand drawn and painted designs and have a q on what I can legally sell.

One of my simpler designs consists of a single word (not a brand or anything) with a symbol at the end. A prominent clothing brand uses the same word on their tshirts but their font is different and they don't have a symbol. Is it fair game if mine is different? I looked in the trademark and... View More

Barry E. Janay
PREMIUM
Barry E. Janay pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 4, 2016

Firs question is the identical word generic / commonplace? A company can trademark a word to identify the source of it's good and distinguish it, but it wouldn't be able to if the word is generic or commonplace. Another company can't use that identical word in the same industry or... View More

1 Answer | Asked in Copyright, Patents (Intellectual Property) and Trademark for New York on
Q: What do we have to consider, if we use a product idea from Germany?

We would like to use the idea of a new product in the German market to design and produce our own product for selling in the U.S. market. The product idea is actually a new application for an existing product.

Our product will be having a different design. We will register a new brandname.... View More

Barry E. Janay
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Barry E. Janay pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 24, 2016

Very generally speaking... Ideas are not copyrightable, what is copyrightable are the expressions of ideas fixed in a tangible medium. Patents can product products which are an advancement of the useful arts, that may be more apropos here. You indicated that you have a new application and a... View More

1 Answer | Asked in Copyright for New York on
Q: Is PHAT BUDDHA's image (the buddha) copywritten? It is found here too: http://www.clipartbest.com/simple-buddha-drawing
Will Blackton
Will Blackton
answered on Feb 2, 2017

Federal copyright protection attaches to an original work of authorship from the moment it becomes fixed in a tangible medium of expression. That is to say, all recent works of visual art are protected by copyright as soon as they are created, subject to a few, very limited exceptions.

1 Answer | Asked in Copyright for New York on
Q: I have received a Cease & Desist notice from a lawyer representing a street artist.

I have received a Cease & Desist notice from a lawyer representing a street artist who's work was spray-painted onto the wall of a street we had a permit to film on in NYC. He claims we did not seek permission to film this artwork even though we had a permit to film there. Any information... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 23, 2017

That sounds like a valid basis for a cease and desist notice as it might constitute copyright violation. In the same way you'd have to obtain releases from identifiable persons or businesses, you'd have to do the same re: artwork. There might be possible defenses to assert during... View More

1 Answer | Asked in Copyright and Intellectual Property for New York on
Q: Who owns the copyright on the Blue and White Anthora New York coffee cup design that says " We are happy to serve you "?

It was made by Sherri Cup in the 1960's and then Solo paper cup bought the company . I would like to know who owned the copyright on this cup design from its inception to date . Thank you

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 24, 2017

Check the copyright records at the US Copyright Office and/or the Library of Congress. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I... View More

1 Answer | Asked in Copyright and Intellectual Property for New York on
Q: Do I need permission from a publisher or author to create an Audio Book from a book that is currently out to the public?

There is a book that has been out for over 10 years that I would like to create an audio book of and sell the audio book do I need permission from author and/or publisher to do this?

I am wondering if this works like the music industry in that the rights of the book is retained by the... View More

Morgen Bowers
Morgen Bowers
answered on Nov 18, 2016

Yes. Unless the book is in the public domain (meaning it is no longer subject to copyright protection), you need permission to make a derivative work such as an audio book. The contract between the author and the publisher determines from whom you need the permission.

1 Answer | Asked in Copyright for New York on
Q: I want to write a FREE book that is a critique of a published non-fiction book. Do I need permission for every idea used
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 30, 2017

I see no reason for licensing when you are publishing a critique of the original work. If that were the case, I cannot imagine many critics receiving a license by the original author! The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials,... View More

1 Answer | Asked in Consumer Law, Copyright and Trademark for New York on
Q: Samsung has registered "SmartThings" as their trademark. Can I use Smartthingssolutions.com domain? Is there any issue?
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 30, 2017

I don't hear an immediate basis of confusion of the two, and I don't see anything particularly unique about the words "smart things". The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and... View More

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