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New York Copyright Questions & Answers
2 Answers | Asked in Copyright and Trademark for New York on
Q: How would I go about finding out what exactly is trademarked for Game of Thrones, or ask permission to use it?

I am looking to open a Game of Thrones pop up bar in NYC. I would like to be able to have it be a Game of Thrones bar, versus a Game of Thrones inspired bar because of the trademarking.

Jason Brooks
Jason Brooks
answered on Jan 31, 2019

I would start with HBO's licensing & retail department. A Google search should point you in the right direction. My firm handles these kinds of deals regularly - if you would like assistance, feel free to email me at: Jason@altviewlawgroup.com

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2 Answers | Asked in Copyright for New York on
Q: Is it copyright infringement in 2018 for photo posted in 2014 if copyright wasn't filed until 2018?

Can a photographer claim copyright infringement and sue for damages on photos posted to a hobby website in 2014 with clear credit and links given back to the photographers website and Instagram account when the copyright was not filed until 2018 for said photos?

Jason Brooks
Jason Brooks
answered on Jan 28, 2019

A copyright is established the moment the work is produced in a tangible form (i.e. once the photo is created). So if you have exploited someone else's picture without authorization, you have committed copyright infringement. By registering a work for copyright with the US Copyright Office,... View More

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1 Answer | Asked in Copyright and Patents (Intellectual Property) for New York on
Q: Looking for a pro bono lawyer to assist me with patent questions regarding an algorithm and technology we are building.
Peter D. Mlynek
Peter D. Mlynek
answered on Jan 22, 2019

I am sorry, but you are going to have a tough time finding someone good to do pro bono work in patent law. Unless you are a church, a non-profit group, or some charitable organization, pro bono patent work is pretty much non-existent. The reason is that unlike in criminal law, patents are a... View More

2 Answers | Asked in Copyright, Entertainment / Sports, Intellectual Property and Trademark for New York on
Q: Want to get the rights to use music from an old TV show in a short film I am making. I believe it's owned by CBS.

The music is from two 1961 episodes of The Twilight Zone that were scored by composer Jerry Goldsmith. How would I go about getting the rights to use that music in a short film I am working on? Would this even be possible? Any idea of what it would cost? Thanks!

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 2, 2019

To use copyrighted material, one would need to find out who owns the copyright and contact them for a license. But you'd also need to determine whether your use qualifies as "fair use". More details are necessary to provide a professional analysis of your issue. The best first step... View More

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1 Answer | Asked in Copyright and Intellectual Property for New York on
Q: Is it legal to consult a textbook when writing a script for a monetized YouTube video?

I am planning to start a YouTube channel with videos that teach English grammar. I write all my scripts myself, but I occasionally consult an English grammar textbook to make sure my videos have no false information. I also use it to look up lists of words to use in my videos, such as common... View More

Peter D. Mlynek
Peter D. Mlynek
answered on Sep 18, 2018

It is OK. Based on what you wrote, there should be no problem.

1 Answer | Asked in Copyright, Intellectual Property and Trademark for New York on
Q: I would like to trademark and copywrite my patches how do I do that
Peter D. Mlynek
Peter D. Mlynek
answered on Sep 4, 2018

If you are talking about software patches, where you are making changes to a computer program designed to update, fix bugs, or improve it, then you need to take a look at the contract that you've signed with the software provider just exactly who gets to own the IP rights.

If you are...
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1 Answer | Asked in Consumer Law, Copyright, Communications Law and Intellectual Property for New York on
Q: Using Magazine and Newspaper covers on my website.

Hello! I was wondering if it would be fair use to include magazine and newspapers covers along with their logos in a "Print Advertising" section of an Ad agency's website? The covers will be placed in magazine and newspaper mockups in a digitally made-belief home setting next to... View More

Michael David Siegel
Michael David Siegel
answered on Aug 13, 2018

You cannot do it. The logos and designs of newspapers are copyrighted.

1 Answer | Asked in Copyright, Business Formation, Business Law and Intellectual Property for New York on
Q: What are the legal steps to start a brand for and copyright the creative works of an artist?

I am an artist. I create paintings, I do customizations, and also design merchandise and apparel related to my art. I want all of these entities of my work to operate under one brand, named after myself, as subsidiaries.

John Espinosa
John Espinosa
answered on Jul 1, 2018

It sounds like you are currently operating as a sole proprietor, where there is no legal separation between you and your business. Your first step might be to form a separate legal entity, such as a single member LLC, with its own tax ID number and bank account for all of your business activities... View More

1 Answer | Asked in Copyright for New York on
Q: Do you think it is safe to file a Counter Notification against someone who filed a false DMCA Takedown on A Youtube Vid?

Someone filed a false DMCA Copyright Takedown against one of my videos and is asking for 1000$ to remove it. How should I approach this situation. I am sure they will blackmail me more if I were to give them my personal information such as: Physical Address, Name, And Phone Number, if I try to... View More

Benton R Patterson III
Benton R Patterson III
answered on Jun 26, 2018

You could have an attorney file the counter notice for you if you are concerned about distributing your contact information.

1 Answer | Asked in Copyright for New York on
Q: Do I have copyright on a poster that I designed with a CC0 photo and a quote from someone who died 100+years ago?

I used a circle crop and specialized fonts.

Benton R Patterson III
Benton R Patterson III
answered on Jun 18, 2018

Yes, but only to the extent of your contribution. You cannot claim copyright over what to took from someone else. But, you have a copyright in the assembled design you created.

1 Answer | Asked in Copyright for New York on
Q: Is it okay to use a quote for commercial use if it's on the internet but not published in anything?

The quote is "A river cuts through rock, not because of its power, but because of its persistence." -

John Espinosa
John Espinosa
answered on May 27, 2018

No, not without the pernission of the copyright holder. You have the name of the author, contact them or their estate if they are deceased to get permission to use the quote commercially. Understand that a work does not have to be published to be protected by copyright; being on the internet is... View More

1 Answer | Asked in Copyright for New York on
Q: Is it a copyright infringement if I have a license for an image on freepik.com and I make a similar image to sell?

Freepik.om is a website for free vector images and I have a premium subscription to use the image but the image can not be use as the main theme to print and sell on things like mugs. So I want to make a similar design to sell.

John Espinosa
John Espinosa
answered on May 27, 2018

Read this about derivative works: https://www.copyright.gov/circs/circ14.pdf

1 Answer | Asked in Copyright and Entertainment / Sports for New York on
Q: Is it possible to use fictional characters from tv shows in music under transformative usage?

Like an empathic autobiography.

Benton R Patterson III
Benton R Patterson III
answered on May 14, 2018

In theory, yes it is possible. An attorney would need to know more about the work to give an opinion on whether the particular use is transformative.

1 Answer | Asked in Copyright for New York on
Q: If I'm a part of an event group can a person leave the group and take one of the events name and use it by rewording it

The event name is IGG (ice gold and green) paint versus powder which is copyrighted which is held annually at the same time every year and as of last year a member remove their self from the group stole the name wrote it and has the event on the same day there's evidence on social media to... View More

John Espinosa
John Espinosa
answered on May 9, 2018

You can try. This resource may apply depending on the structure of the group and this person's role: https://www.copyright.gov/circs/circ30.pdf

1 Answer | Asked in Copyright and Trademark for New York on
Q: Can you use a similiar name ?for example: YelpMy website name: Melp, different layout and different features.
Aubrey Claudius Galloway
Aubrey Claudius Galloway pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 11, 2018

Yes you can. Even if it is a satirical take on yelp, that goes to your advantage according to the caselaw. You should have no problems. If you have any questions navigating this I can offer a free phone consultation and can be reached at 914-912-1555. Best. Yes you can. Even if it is a satirical... View More

1 Answer | Asked in Copyright for New York on
Q: I was told trademarks are specific to function. could i use something like beauty and the beast to name a business?

The business would be unrelated to disney or the movie and the characters. not sure how this works. thanks

Jason Brooks
Jason Brooks
answered on Apr 22, 2018

If that name is available for registration as a corporation, LLC or some other entity in your desired state, the. Yes you can register that name as a business — with that said, Disney is fairly aggressive about protecting their IP so you’d be limiting g yourself in scope and also running the... View More

1 Answer | Asked in Copyright for New York on
Q: What are the risks when using free stock photos for publications? Sites like unsplash, pixabay. stocksnap.io, pexels

I'm creating a cookbook which will be sold online and in stores. I will be buying the photos I can't find on the free stock photo sites but what loopholes can I expect? Last thing I want is to spend thousands to publish a book only to have someone claim rights to a photo.

Benton R Patterson III
Benton R Patterson III
answered on Apr 20, 2018

The risk is that the person who submitted the photo to the site never had the rights in the first place. The true owner could then sue you. Make sure you work with reputable, well established companies that own the photos.

1 Answer | Asked in Business Law, Copyright and Trademark for New York on
Q: I want to create and sell an illustrated map of various places - what am I allowed to include on the map?

I'm an artist/illustrator and want to create a series of maps - not actual maps someone would use for directions, but an art print they would hang on a wall showing things the city or state is famous for.

What standard would I use to decide what I am allowed to include on the map?... View More

Aubrey Claudius Galloway
Aubrey Claudius Galloway pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 11, 2018

Because it is public information you can probably use all of it, you can definitely use all of it if you are not selling the map or distributing it, and likely even if you are. I would check with each organization or rather have your attorney check, If you were going to paint them in some sort of... View More

1 Answer | Asked in Copyright for New York on
Q: How can we protect ancestral journals and letters?

We have several journals and letters from 1850-1920 written by family members (all deceased). We are in the process of retyping these and putting into PDF format for immediate family members. We would also like to make these available to more distant relatives and possibly parts to any local... View More

Will Blackton
Will Blackton
answered on Feb 15, 2018

A will does not have to specifically bequest intellectual property rights for those rights to pass to heirs. If, for example, father gives everything he owns to son, his son inherits the intellectual property rights in his letters and journals. Son could apply for copyright protection from the... View More

1 Answer | Asked in Copyright, Business Law and Entertainment / Sports for New York on
Q: hello please i need advice on what to do i do photography and videography and couple months ago i did a reality show

video recording and took photographs for a popular basketballer and i was there the whole day with him and at the end of my work with him he didn't pay me for all the work i did for him and he took with him all the photos and recordings i did for him and he insisted of not paying me because he... View More

Michael David Siegel
Michael David Siegel
answered on Jan 29, 2018

You can sue. An oral contract is enforceable. It is just harder to prove. Here you have the commercial use.

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