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Ohio Copyright Questions & Answers
1 Answer | Asked in Copyright and Intellectual Property for Ohio on
Q: Can I use a fraternity hoodie in a pornographic film that I sell for profit?

filming would take place in Illinois

James L. Arrasmith
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answered on Oct 16, 2024

Using a fraternity hoodie in a pornographic film that you intend to sell for profit involves several legal considerations. Fraternity hoodies often feature logos, symbols, or designs that are protected by copyright or trademark laws. Unauthorized use of these elements can lead to infringement... View More

2 Answers | Asked in Copyright, Trademark and Intellectual Property for Ohio on
Q: I received a copyright with a made up word & illustration, then found out someone has a trademark on a similar word, am

Am I protected with my copyright or does the trademark override my copyright?

Sean Goodwin
Sean Goodwin
answered on Sep 26, 2024

Copyrights and trademarks are different forms of intellectual property, and the rules for infringement are different for each.

In general, different people can own the same trademark name so long as they are using them for different goods or services that a consumer would not find to be...
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1 Answer | Asked in Copyright, Identity Theft, Intellectual Property and Trademark for Ohio on
Q: Can I use an AI created cartoon image of Donald Trump and Sean Hannity on an album cover?

I would use the Wonder app.

James L. Arrasmith
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answered on Sep 25, 2024

Using a cartoon image of public figures like Donald Trump and Sean Hannity for commercial purposes, such as an album cover, can raise legal concerns. Even though public figures have less protection under right of publicity laws, you might still face legal risks, especially if the images suggest... View More

1 Answer | Asked in Copyright for Ohio on
Q: Will i get into legal trouble naming my photography page "Triforce Imaging?" (From The Legend of Zelda)
James L. Arrasmith
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answered on Sep 25, 2024

Naming your photography page "Triforce Imaging" could potentially lead to legal issues, as "Triforce" is a well-known symbol from *The Legend of Zelda* franchise, which is owned by Nintendo. Nintendo is protective of its intellectual property, and using a recognizable element... View More

2 Answers | Asked in Copyright, Personal Injury, Intellectual Property and Libel & Slander for Ohio on
Q: Can I send a cease and desist letter for defamation/ libel?

I recently watched a presentation of a marketing and sales coach who gave names of his clients as examples. I reached out to a client who was in a similar industry to me to both find out more about her offerings for my own life but also to learn more and gain insight from her sales process. The... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Aug 30, 2024

Your inquiry to the client who had been identified by the coach was perfectly reasonable and defensible, so the threat of retaliation was bluster. The threat to cause you harm is "actionable", that is, you could sue for it to get an injunction and possible money damages. So, challenging... View More

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1 Answer | Asked in Copyright and Intellectual Property for Ohio on
Q: How can I protect printables/digital products from being stolen?

I am looking into selling printable products online, but I am concerned that my designs/quotes may be taken and sold by others. Is there a way I can get my designs and quotes copyright protected in the name of my LLC?

James L. Arrasmith
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answered on Aug 2, 2024

To protect your printable and digital products from being stolen, you can take several steps. First, ensure you register your designs and quotes with the U.S. Copyright Office. This provides you with legal protection and the ability to enforce your rights if someone copies your work without... View More

1 Answer | Asked in Copyright for Ohio on
Q: Am I potentially violating a trademark/copyright

I am creating a children's picture book and want to illustrate with photographs of people/objects made of acorns and other stuff from the woods. David M. Bird has inspired some of my creations and they may look similar. Would my creating/ photographing and selling the book create a legal... View More

James L. Arrasmith
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answered on Jul 29, 2024

Creating a children's picture book with your own photographs of people and objects made of acorns and other natural materials is generally acceptable. Your inspiration from David M. Bird is fine as long as your creations are original and not direct copies of his work. It's important to... View More

2 Answers | Asked in Copyright, Entertainment / Sports, Gaming and Intellectual Property for Ohio on
Q: Can I copyright songs made in a game making mobile app?

I was wondering if songs in any game making mobile app made are eligible to copyright whether it's made by me or anyone else

The songs I believe would be public domain, and in the app you're able to take the "MIDI" of the song and change it (if you want)... View More

Bao Tran
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Bao Tran
answered on Jul 25, 2024

When considering whether songs created in a game-making mobile app can be copyrighted, several factors come into play. Here’s an analysis based on the provided context and general copyright principles:

Ownership and Copyright of AI-Generated Content

Terms of Service (TOS): The TOS...
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1 Answer | Asked in Copyright, Civil Rights and Intellectual Property for Ohio on
Q: Are Facebook administrators liable for Content posted in the group

If members post pictures of items containing registered trademark brands. Is that a crime?

James L. Arrasmith
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answered on Mar 22, 2024

The liability of Facebook administrators for content posted in their groups can vary based on local laws and the specific circumstances of the content shared. Generally, administrators are encouraged to monitor and manage their groups to prevent illegal activities, including the unauthorized use of... View More

1 Answer | Asked in Copyright, Trademark and Intellectual Property for Ohio on
Q: More than one entity can own a trademark? Like (Sun's out guns out). Has more than one serial # ownership

The original person that trademarked this phrase did not renew their trademark license on it. Now there are at least two or more people who trademarked this phrase.

James L. Arrasmith
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answered on Mar 20, 2024

Yes, more than one entity can hold a trademark for the same phrase if the marks are registered for different classes of goods or services. This means that the phrase "Sun's out guns out" could be trademarked by different parties, each using the phrase in a different context or... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Ohio on
Q: I'm starting a beverage company and would like to name it Moana, but am unsure about if I'm able to use that name.

Obviously Disney has their film titled MOANA, but seeing as it's just the Hawaiian word for Ocean, would I be within my right to use that name in a different industry? Or am I asking for trouble?

James L. Arrasmith
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answered on Feb 27, 2024

Choosing a name for your beverage company is a crucial step, and it's understandable why the name "Moana," with its beautiful meaning and connection to the ocean, appeals to you. However, it's important to consider the implications of using a name that is also associated with a... View More

1 Answer | Asked in Copyright and Intellectual Property for Ohio on
Q: Are their any copyright for Mako Mermaids by Jonathan m Shiff Productions?
James L. Arrasmith
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answered on Dec 30, 2023

"Mako Mermaids," also known as "Mako: Island of Secrets," is a children's and teenagers' television series created by Jonathan M. Shiff. It is produced by Jonathan M. Shiff Productions in association with Network Ten, ZDF, and Netflix. As a professionally produced... View More

2 Answers | Asked in Copyright and Intellectual Property for Ohio on
Q: When a photo is taken on private property with permission of the property owner who owns the image?

I take images at motorsports venues and want to clarify who is the owner of the photo. The photographer, the property owner of both?

Thank you.

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Aug 21, 2023

The photographer is owner of the copyright in the photo, unless he has been hired to do it, in which case the employer owns the copyright as a work-for-hire.

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1 Answer | Asked in Copyright and Intellectual Property for Ohio on
Q: I am making a children book. For that, I use AI to help me make the pictures. Who has the copyright to pictures from AI?

I provide my own prompts to make the pictures of AI. I also plan to edit them a little so they exactly look the way I want them. at least some of them. Does it make a difference if I change something on them?

James L. Arrasmith
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answered on Jun 18, 2023

The question of who owns the copyright to pictures created by AI is a complex and evolving area of law. In general, copyright law grants ownership of creative works to the human author or creator of the work. However, in the case of AI-generated works, the question of authorship and ownership can... View More

1 Answer | Asked in Copyright, Trademark and Intellectual Property for Ohio on
Q: There’s a company named “TenBack Bowling Outfitters” or “Tenback pro shop” is it possible to just use the name “Ten Back
James L. Arrasmith
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answered on Mar 10, 2023

It depends on several factors, including whether the company has trademarked the name "Ten Back" or a similar name. If the company has a trademark on the name or a similar name, then using it without permission could be considered trademark infringement. It's also important to... View More

1 Answer | Asked in Copyright, Criminal Law, Personal Injury and Gaming for Ohio on
Q: How does it effect the non custodial parent if the mother and child now adult are in a troubled situation living with a
James L. Arrasmith
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answered on Mar 29, 2023

This is not a copyright question. Direct this towards family law.

1 Answer | Asked in Copyright, Divorce, Collections and Communications Law for Ohio on
Q: If FBI blocked SSN who's responsible for the fraud thiefs 2016 Cambridge university of surveillance Brian Wayne Ellis

European council offered me settlement I declined it . Arbitration in California, well someone signed it. Not me. Millions gone plus insurance and I have a few things to prove how email address was used ssn no!

Barry W. Kaufman
Barry W. Kaufman
answered on Feb 7, 2023

This sounds like one big scam. There was never any money, you were never going to get anything from the "European Council", whatever that is.

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Ohio on
Q: When is it safe to remake and market old patents and copyrights and what are some things to be aware of?
Peter D. Mlynek
Peter D. Mlynek
answered on Jan 31, 2023

When the term of the patent or the copyright expires.

The idea of a patent is a contract between an inventor and the public, as represented by the government. The inventor discloses the invention, which is valuable to the public, to the society, and gets something in return. The inventor...
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2 Answers | Asked in Copyright and Intellectual Property for Ohio on
Q: I'm starting a video podcast. Can I use still images from various tv and movies?

When we mention a character, we'd like to be able to show that character without getting sued by Disney. And this podcast will be for profit, if that's relevant.

Steve Charles Vondran
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answered on Jan 12, 2023

Generally speaking, when it comes to using copyrighted images in a video podcast, it’s important to understand the laws surrounding copyright and fair use. In general, it is illegal to use copyrighted images without permission. However, there are certain exceptions to this rule, and one of them... View More

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1 Answer | Asked in Copyright and Intellectual Property for Ohio on
Q: Hello, can i ask a question here? am I speaking with a real lawyer?

Okay. I'll explain what i need some advice about - it pertains to copyright. This will all sound a bit odd, so i apologize.

Im a writer. Im writing a fantasy prose story - something with a diesel-punk aesthetic. I'm using publicly free domain fantasy races - goblins, elves,... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Oct 27, 2022

Yes, real lawyer here.

Although the copyrights for the DnD games and fiction are owned by Wizards of the Coast LLC, that does mean that the word "Artificer" by itself is the subject of copyright. "Artificer" is just a word in the dictionary and its use in original works...
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