In late 1990s, I gave someone a box to hold containing cassettes of me playing guitar and singing, as well as rehearsals of the band. Those are the only copies in existence. I’m the songwriter. She now claims *in writing* that all the music belongs to her, after asking her to return them for... View More 
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answered on Jul 11, 2023
You can take legal action against your bandmate if they refuse to return the only copies in existence of your original music works. You may be able to file a lawsuit for copyright infringement, breach of contract, or conversion. In addition to filing a lawsuit, you may also be able to file a police... View More
I am a seller on etsy. I filed a counter notice for an incorrect report
from a competitor on one of my listings that had received a DMCA from them.
The next day etsy sends me an email telling that they won´t process my counter notice.
They told me that I would need to... View More
answered on Jul 6, 2023
Have an IP lawyer look into the case to evaluate your options.
answered on Jun 21, 2023
Most prudent way is to contact Miller's licensing department and obtain an license for the use of their logo.
answered on May 16, 2023
Your post may have been overlooked for two weeks because it left out a category that could also be relevant to your concerns - you chose the names of two highly recognized commercial passenger aircraft. You could repost and add "Trademark" to your original two categories. That might give... View More
answered on Apr 5, 2023
You need to conduct a copyright search to determine whether you are potentially infringing on Sinclair’s IP. You should also run a trademark knockout search to see whether your dinosaur is a registered or common law brand, or resembles one closely enough to create a “likelihood of confusion”... View More
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answered on Mar 29, 2023
Yes, you can publish public domain lyrics as a children's book and make money from it. Public domain works are not protected by copyright, which means that they are free to use and adapt for commercial purposes. However, it's important to ensure that the lyrics you are using are indeed in... View More
I paid the artist for my caricature, and (because I have a sense of humor) I later decided to use it in my online marketing materials. Do I need his permission? And since he signed the work, must I include his signature when using the work?
answered on Mar 15, 2023
Because you paid the artist, it is a "work for hire" and owned by you. If you are using the work for commercial purposes, it would be prudent to register the copyright in the work and in the application you will identify the artist as having created the work for you.
You have no... View More
A colleague (musician-turned-lawyer) and I have written a musical piece together. Can he himself represent the music legally and handle the copyright registration? He would also have to be the legal third-party regarding the publishing company. It seems to me this would all present a conflict of... View More
answered on Mar 10, 2023
If you and him are business partners, one may thing that their interests are aligned. However, it may not be the case for ever. It is a good practice to have independent counsel. Thereafter, you can make an informed decision as to who should be in charge of the legal aspects of the registration of... View More
My name for free and has refused to pay for the book and it content they are selling online as a collectible against my will and knowledge. I would like to file a suit against this company for millions of dollars since 2017 to this writing I have not been given a dime for my work, beside $100 for... View More
answered on Mar 8, 2023
This may be something that a copyright/intellectual property attorney would have insight into. You could repost and add Copyright and Intellectual Property as categories. Not all questions are picked up on this forum, but you might increase chances for a response by adding those headings. Good luck
Are we allowed to use one line phrases, pictures or anything to do with show, how do I find out if something is copyright and if it is how do I legally get rights. I want to do things the correct way
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answered on Feb 25, 2023
As a vendor at a Vampire Diaries convention, you need to be aware of the copyright laws surrounding the show and its associated intellectual property. Using copyrighted material without permission can lead to legal issues, including potential lawsuits.
To find out if something is... View More
The event in question took place a couple of decades ago. Some of the main people involved are dead and some are alive. It's a relatively well known/publicized event, though not everyone's involvement is super well known its all easily available in news articles. I want to know about... View More
answered on Feb 3, 2023
You potentially have to contend with the New York Civil Rights Law §§ 50 and 51, New York’s “Right of Privacy” law, which prohibit the use “for advertising purposes, or for the purposes of trade” of the name, portrait or picture of any living person without obtaining his or her prior... View More
He asked me to send it to him
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answered on Feb 25, 2023
It's unlikely that your coworker could sue you for taking a picture of him using an app, as long as you had his consent to take the picture. However, if he did not give his consent and you took the picture in a place where he had a reasonable expectation of privacy, he may have a case for... View More
A customer asked me to plant ten trees in her yard. My worker planted the wrong kind of trees. The customer saw it after the third tree but remained silent. After planting all the trees, she demanded to get rid of the wrong trees and plant the right ones at a 25% discount. Another offer she had is... View More
answered on Jan 22, 2023
You should speak to a lawyer because ALL details and fine points matter for a correct analysis. Generally, the parties are bound by the terms of the agreement. If the customer wants to modify (renegotiate) the agreement it can be done only per the terms of the agreement and with the other... View More
If I have uploaded a design on a file-sharing website under a Creative Commons non-commercial license, and somebody uses it uncredited for a commercial purpose. If the site refuses to take it down, what recourse do I have?
answered on Jan 17, 2023
If your copyright is unregistered, you can only file a lawsuit where you will have to prove damages such as lost profits. The better move is to register your copyright with the USPTO. Then you will have access to statutory damages (only requiring proof of infringement) of anywhere between 750 and... View More
1. All documents were still Under Seal on January 3rd. Then The Court required me to disclose. I disclosed all documents on January 6th, 2023. ( See the attached file.)
2. The defendant made defamation statements against me when he has not seen any document on January 3rd, 2023. This is... View More
answered on Jan 16, 2023
Any attorney would need more information to figure out what is going on and advise you how to proceed.
Does the attribution to the original comedian overcome copyright? And, would the answer be different if the videos were free to the public versus being included in a fee based subscription?
answered on Jan 20, 2023
No, attribution is not a defense to copyright infringement. Fair use might be a defense. Section 107 of the U.S. Copyright Act provides for certain cases where permission from the rights holder is not required. Courts assess whether the "fair use" defense applies based on four factors:... View More
Selling my cookie I invented in stores without paying me. They also didn’t let me name it and are asking customers online to compete in naming the cookie and winner gets creator rights on the cookie. I was basically thrown to the side after I made them a delicious cookie they liked and they... View More
answered on Jan 2, 2023
By itself, a recipe is not protected by copyright law because it is only a list of ingredients. See U.S. Copyright Office, Circular 33, Works Not Protected By Copyright.
However, a recipe embedded in detailed instructions on how to combine the ingredients, especially when written in your... View More
Creating a YouTube channel in tourism for Latin Americans visiting USA. Would like to use the nickname Captain America
answered on Jan 20, 2023
You will have to research whether the current owner of the Captain America trademark owns the rights in similar service or product classes to your proposed use to promote tourism. Whether you will be sued for infringement will then depend on whether your uses interfere with the rights owner in... View More
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answered on Dec 18, 2022
If you were an independent contractor as opposed to an employee, the work for hire doctrine wouldn’t apply absent a signed writing to that effect executed by both parties to the contract. However, whether you would be considered an “employee” for the purposes of copyright law is not as simple... View More
I have a story, but I do not have any documented proof of ownership. If this story is stolen, can I prove my ownership with other evidence, and what are the evidence?
answered on Dec 12, 2022
If you have drafts of the story which precede the drafts in the possession of whoever you are alleging claimed authorship. And you can lay a foundation for the authenticity of this evidence regarding the date it was created, then yes, possibly. Copyright in a work vests from the moment the work was... View More
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