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New York Copyright Questions & Answers
1 Answer | Asked in Copyright for New York on
Q: I've heard that some copyright protections exist even if you don't pay to copyright a work. Is this true and if so what

are they?

Ali Shahrestani,
Ali Shahrestani,
answered on Jun 8, 2017

There are common law copyright protections, but they can be limited in potency when facing infringement claims. 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,... View More

1 Answer | Asked in Copyright for New York on
Q: I uploaded a photo on Instagram another user reposted to promote a business, can I sue?
Will Blackton
Will Blackton
answered on Jun 5, 2017

If you took the photo and uploaded it to Instagram and another user misappropriated the image for their own use, that is copyright infringement. Yes, you could sue, but if you did not register the image with the U.S. Copyright Office, you'd only be entitled to recover "actual... View More

1 Answer | Asked in Copyright, Intellectual Property, Trademark and Employment Law for New York on
Q: Here's a question-

Here's a question- A bunch of us worked at Eagle Comtronics (fact). We started a facebook group so that those that quit or got laid off can still keep in touch. (fact). We named the group Friends at Eagle Comtronics (fact). Can the owner of Eagle Comtronics threaten to sue us for using the... View More

Ali Shahrestani,
Ali Shahrestani,
answered on May 22, 2017

I don't hear an IP violation here. 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, honors, testimonials, and media appearances/ publications on my... View More

1 Answer | Asked in Employment Law, Libel & Slander and Copyright for New York on
Q: Can you be accused of stealing proprietary data when you used it for work on your personal mach as no corp mac was given

My ex employee seems to be of the impression I want to replicate his software and has sent me a letter from his lawyers stating that I stole his code rather than the truth which is that it was always on my personal laptop from the beginning of my contract due to my ex employer not providing me a... View More

V. Jonas Urba
V. Jonas Urba
answered on May 8, 2017

Anyone can be accused of anything.

I think you mean can you be sued for damages for theft of intellectual property. Maybe.

Who owns the software and who is licensed to use it? Just because it is loaded on your personal computer does not mean that you have a license to use it. Did...
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1 Answer | Asked in Copyright and Trademark for New York on
Q: My company has the names "AVO" and "AVO.cado" trademarked, but a company has recently used the name "AVO.co", can I sue?
Barry E. Janay
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answered on May 4, 2017

Depends on whether you are in the same industry, have potential customer overlap, and whether the use is likely to cause confusion in the marketplace.

1 Answer | Asked in Copyright and Intellectual Property for New York on
Q: Can i print the words "Big Baller Brand" on a summer rec jersey?
Ali Shahrestani,
Ali Shahrestani,
answered on May 2, 2017

If you're concerned about IP infringement, consider a different name to avoid a lawsuit.

See: http://www.aeesq.com/business-law/intellectual-property-attorney/

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial...
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1 Answer | Asked in Copyright, Intellectual Property, Internet Law and Libel & Slander for New York on
Q: Hi I'm wondering the legality of using quotes on prints. For instance can I quote two people debating on twitter?

I'm looking to create prints that have quotes from popular figures and selling them online. I'm not looking at using trademarked names, movie quotes, or song quotes. Though those might occasionally show up in the quotes themselves.

Ali Shahrestani,
Ali Shahrestani,
answered on Apr 30, 2017

It sounds like you're contemplating committing copyright infringement, unless you specifically license the right to use such content from the author.

See: http://www.aeesq.com/business-law/intellectual-property-attorney/

More details are necessary to provide a professional...
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2 Answers | Asked in Copyright and Business Law for New York on
Q: Is the business format of companies like MaryKay, Jamberry, or Luluroe protected by copyright laws?

If the format of these businesses is not protected and can be duplicated without risk of infringement (as I suspect it can, as there are many companies that use this business format), can an individual sell the same items as one of these businesses (i.e. Jewelry, legging, or makeup), in the same... View More

Barry E. Janay
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answered on Apr 27, 2017

Business processes can be patented if they meet certain tests, they can also be "trade secret" if they are protected from becoming publicly available and are not commonplace / public knowledge in any case. Copyrights protect original works that are published that are unique and orginal.... View More

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2 Answers | Asked in Copyright and Patents (Intellectual Property) for New York on
Q: I HAVE IN MIND AN INVENTION . HOW DO I GO ABOUT IT
Aubrey Claudius Galloway
Aubrey Claudius Galloway pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 20, 2017

This depends on entirely on what you invented. If you invented something physical, like a new toy or video game, a formal copyright with the Library will HELP, but pending further details, will not entirely suffice. In such an event, you should apply for a US patent on the invention. Many law... View More

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2 Answers | Asked in Copyright and Trademark for New York on
Q: I am interested in starting my own clothing line however the name is in use.

Question answered.

Barry E. Janay
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answered on Apr 19, 2017

Those names are virtually identical, if you're in nearly the same industry and geographic market you should come up with a new name. I don't follow you about if the clothing line doesn't have products then how is it already in use, that seems contradictory.

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1 Answer | Asked in Copyright for New York on
Q: I create visuals that maybe based on other works of art. How is my art protected?

I create visual art that may or may not use music that is copyright protected to create a whole new visual. Thus now my creation which is completely a "whole" new product or idea is made using a "piece" or "pieces" of other ideas. Does that still infringe the copyright... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Apr 12, 2017

It's a matter of degree. See: http://www.aeesq.com/business-law/art-law/

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, honors,...
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5 Answers | Asked in Business Law, Copyright, Intellectual Property and Trademark for New York on
Q: Opening a new company and then a business. Have a Trademark Question on whether company n business name hav to be same?

1) In order to trademark a business that I want to start does the corporation name HAVE to be the same? EG I have come up with a catchy name XYZ for my new venture and would have multiple locations and franchises, is it necessary/would I have to have my corporation name the same XYZ INC as my... View More

Jonathan R. Roth
Jonathan R. Roth
answered on Apr 7, 2017

It would be better to have the name of the corporation the same as the trademark for the business like McDonalds. If you have multiple locations the manner of structuring the different units will depend on the nature of the locations, e.g. franchises or second locations operated by the same company... View More

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3 Answers | Asked in Business Law, Copyright, Intellectual Property and Trademark for New York on
Q: I have a question regarding formation of a business and trademark/intellectual property?

I am forming a company and going to be doing business in the car repair business. My question is..when it comes to using a name is it the company name that gets trademarked or registered so that no one can use it? Or is it the business name(DBA)? Will I have to get the company name checked in the... View More

Michael David Siegel
Michael David Siegel
answered on Apr 7, 2017

You are confusing several issues. When you incorporate, you have to have a unique name for the state in which you incorporate. A "DBA" works the same way. To formally trademark the name as a brand, you need to file with the trademark office of the US government. That gives national... View More

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2 Answers | Asked in Business Formation, Business Law, Copyright and Trademark for New York on
Q: I have a trademark question, regarding legality around opening a new business and whether it infringes on another?

Suppose I want to open a new hair salon service with the business name 'American Haircut Club' but another company doing a similar service is operating in the same state as me with the name 'Haircut Club'. Does the fact that my name is a little different since it has the word... View More

Michael David Siegel
Michael David Siegel
answered on Apr 6, 2017

The standard is whether there would be confusion about which company is which. Does not sound like an issue here.

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1 Answer | Asked in Contracts and Copyright for New York on
Q: I own copy rights to a video the people that was going to buy the video deleted it from my phone and email no payment

They haven't contacted me back nor did they call me back

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 22, 2017

You may sue for trespass to chattel, if you didn't allow them to take your phone to delete the videos; and you may sue for conversion of personal property. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an... View More

2 Answers | Asked in Contracts, Copyright, Employment Law and Internet Law for New York on
Q: My Slack team has produced content Jan-Mar 2017 and not gotten paid as usual. Bosses avoiding questions. What can we do?

My Slack team is a hired international group of writers and videographers producing content for a YouTube channel. The curator who hired us and manages the Slack team has not paid us for all of 2017 despite many videos being produced, uploaded and making money for the YouTube channel. The manager... View More

V. Jonas Urba
V. Jonas Urba
answered on Mar 20, 2017

1. Contact the New York State Department of Labor if you performed services in New York State or your employer has a presence here.

2. Serve a demand for wages due on your employer or sue for breach of contract or for services rendered in court. Federal court has unique requirements so...
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1 Answer | Asked in Entertainment / Sports and Copyright for New York on
Q: Do I fall under Fair Use if I get a shot of 3-5 second clip of the TV Show Pretty Little Liars in an online webseries?

it would stream on a Laptop on Netflix.

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 19, 2017

It's doubtful. See: http://fairuse.stanford.edu/overview/fair-use/what-is-fair-use/

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, honors,...
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1 Answer | Asked in Copyright and Trademark for New York on
Q: Hi, can someone help me figure out whether the term or phrase "Dash Diet" is trademarked or copyrighted?Thanks!
Aubrey Claudius Galloway
Aubrey Claudius Galloway pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 17, 2017

I most certainly can if you would like to contact me feel free.

That said, this is something you can probably do yourself by going to the library of Congress website and following the prompts.

Our office handles copyrights for numerous songs written by musicians ( mostly we get...
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2 Answers | Asked in Copyright, Business Law, Intellectual Property and Trademark for New York on
Q: Displaying others' marks in ads

In a video advertisement for a home services company, which was shot in an actual customer's home, household products are seen in the background and in use, with labels visible. These are shown for less than 2 seconds. Should these labels be redacted and/or does the owner of the marks of those... View More

Donovan A Rodriques
Donovan A Rodriques
answered on Mar 10, 2017

You should be fine if the products shot are portrayed in the manner they are commonly portrayed and the audience is not led to believe that the product brands are sponsoring or associated with the product/service being featured in your video ad. That does not mean you won't get sued or receive... View More

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