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Oregon Copyright Questions & Answers
1 Answer | Asked in Consumer Law, Contracts, Copyright and Insurance Bad Faith for Oregon on
Q: can i sue a life insurance agent who signed me up for 2 other life insurance policies I wasn't aware of that cost money?

i had signed up for life insurance with mutual of omaha. they weren't notified I had wanted to stop the policy but the agent didn't tell them 41 days into a 45 grace period but it cost me 3 months. then during this time he signed me up for 2 other life insurance policies I wasn't... View More

James L. Arrasmith
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answered on Mar 22, 2024

If a life insurance agent signed you up for policies without your knowledge or authorization, this could be considered fraudulent activity. Unauthorized use of your personal and financial information to obtain commissions is illegal and unethical.

You may have grounds to sue the agent for...
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3 Answers | Asked in Copyright, Intellectual Property and Trademark for Oregon on
Q: I’m writing a children’s book series with the Adventurers of Benny the Bigfoot and Wally the Whale. How to license

Do I need to get a trademark or register it?

Felicia Altman
Felicia Altman
answered on Dec 4, 2023

When writing a Children's Book the best protection is the copyright protection for the book. Be sure to once the final version of the book is complete to register the work with the Library of Congress. A copyright is not protected in court without being official registered work. The... View More

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1 Answer | Asked in Copyright, Intellectual Property and Internet Law for Oregon on
Q: Is it a violation of copyright to publish and monetize (ads) AI summary of other people's youtube videos about crypto?

There are many online content creators in the finance and investing space. With so much information and so little time, I want to summarize videos and publish them, along with metadata and trend/sentiment analysis, to a website that may be monetized through ads and/or subscription for custom feeds.... View More

James L. Arrasmith
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answered on Aug 29, 2023

Summarizing other people's content and monetizing it could potentially expose you to copyright infringement claims under federal law, especially if the summaries capture the essence or key elements of the original work. The Fair Use doctrine allows for limited use of copyrighted material... View More

1 Answer | Asked in Business Law and Copyright for Oregon on
Q: Can I use pictures from royalty free image websites on Business Products such as Tshirts or Greeting cards?

There are quite a few websites online that have "Royalty free/Copyright free" Images for you to use for commercial purposes with your business. I'm looking to use some of the images for a small business that will produce stickers, Tshirts, Greeting cards etc. Although these websites... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jun 19, 2023

The problem with websites like that are that often times the images are uploaded by users and they just say they are copyright free. I would suggest going with a more reputible source that licenses them so you potentially have recourse if someone claim copyright infringment against you.

1 Answer | Asked in Copyright for Oregon on
Q: I made a binder with information on survival skills, recipes, how to make fire, cpr charts etc that were taken from

Google, I posted on a social media page with intentions just to share my ideas. people asked if they could buy the PDF from me to print their own. I didn’t claim anything as my own and realized afterwards that this could be counted as copy right. Am I going to go to jail over this??? I am having... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jul 14, 2022

You do not go to jail for copyright infringement of this type, if it is even copyright infringement. People making counterfeit DVDs or the like on a massive scale are the ones who go to jail. Whether or not what you copied is even copyrighted or copyrightable is a different story and would require... View More

1 Answer | Asked in Copyright for Oregon on
Q: I discovered art hidden secretly in an artist work ( 1 portrait has most of Alice in Wonderland). Do I have any rights ?

Some work can be observed, many require mirrors and tricks to find (102 so far). Some are public domain, most are not. The artist can only be understood through deconstruction and reconstruction. At first I thought it was all public domain, before I understood there were loop holes. I now have... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jun 4, 2022

In a nutshell, no. Copyright belongs to the creator/author (or their heirs/assigns), and you are not the creator. You could write a book about it and own the copyright to your book.

1 Answer | Asked in Copyright for Oregon on
Q: Is it considered copyright infringement if someone uses copyrighted initials in part of their name?

For instance, CPK is copyrighted by the Cabbage Patch Kids company. So if someone uses CPKCLAIRE would that be infringement? Specifically the ending of a URL, like blogspot.com/cpkclaire.

Update: In regards to Michael’s answer, CPK is a registered trademark, so if someone uses it with... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jan 13, 2022

No, because you cannot copyright initials or even a signature. But, you can trademark initials and signatures.

2 Answers | Asked in Copyright for Oregon on
Q: Is a piece of folk art, created in 1831, owned by a museum, in the public domain for the purposes of creating a likenes

The museum acquired the piece in 1941 and declares that the website image is in the public domain with no restriction on use. The item is a cross stitch sampler. I want to create and copyright a pattern for others to use to recreate the sampler. I intend to profit from my use of the likeness of the... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Oct 17, 2021

Depends. You should consult with an attorney and make sure you understand the terms and conditions of the museum.

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3 Answers | Asked in Copyright, Business Formation and Insurance Defense for Oregon on
Q: Can I use a like image of PennyWise on my Tattoo Shops logo?

My company's name is INK Therapy, or "IT"

AND the slogan is,"Sit down and deal with IT"

I'm trying to find out if I can use PennyWise's image???

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Oct 10, 2021

Basically no, as you would presumably infringe on someone's copyright and also likely a trademark.

I try to make it simple: If you are trying to make money off of someone else's work, there is likely a problem.

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1 Answer | Asked in Copyright for Oregon on
Q: Am I considered an author for a Photoshop edited image that was made from 2 different Creative Commons images?

So the 2 photos used were under Creative Commons 4.0. The new image I designed aesthetically and artistically looks different but doesn't really transform the meaning of let's say original work (although the 2 original photos are not full of meaning themselves, one is just a city skyline... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on May 6, 2021

Consult with an attorney.

Depending on the license agreement you may not have any protection for the derivatives.

Check the commons license.

1 Answer | Asked in Copyright and Trademark for Oregon on
Q: It looks like "the sorting hat" is TMed for toys and the like, but that I could use it in a coffee shop name, correct?
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Apr 21, 2021

Just because there is no federal US trademark on it does not mean it would be fair game. An analysis would be much deeper. Besides, there are three live marks for "the sorting hat" and one is for a bunch of printed material. If you look at that, let's say you could open a coffee... View More

1 Answer | Asked in Copyright for Oregon on
Q: Is it legal to purchase baseballs, cut them up with parts of the logo showing, and then use to make jewelry?

More specifically, if I use a Rawlings baseball and make earrings with the logo on the earrings, is that copyright infringement?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Apr 14, 2021

Copyright would likely not be the issue as the Rawlings and/or MLB logos are likely not copyrighted (nor likely copyrightable), but you could have a trademark issue. The issue would be similar to an extent of the recent Lil Nas X Satan shoes issue that Nike sued over.

1 Answer | Asked in Copyright for Oregon on
Q: Copyrighted photograph, recreated and manipulated for my album cover. Do I need to purchase rights to use original pic?

My artist essentially re-created a photograph that is licensed (in the UK) using Pastel paint, and then a graphic designer manipulated the painting a little further to create my album cover. Should I seek out and purchase the rights to use the original photograph?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 26, 2021

This sounds like a derivative work, so if that is the case, you would most likely need to get a license.

2 Answers | Asked in Copyright for Oregon on
Q: How can i trademark the phrase 'If it flies it dies'? i searched it and it says the status is cancelled.
Evelyn Suero
Evelyn Suero
answered on Jan 6, 2021

A cancelled trademark registration does not mean that a trademark is no longer is use. Moreover another business may have started using a similar mark for similar goods/services. Before submitting a trademark application, it is recommended that you work with a trademark attorney to assist you with... View More

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1 Answer | Asked in Copyright for Oregon on
Q: Is YouTube Audio License music free to use everywhere - or just YouTube?

I have a question about copyright law. Youtube Audio Library has multiple songs under their "YouTube Audio Library License" . The license details read,

"You’re free to use this audio track in any of your videos, including videos that you monetize. No attribution is... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Nov 19, 2020

One would need to review the entire contract to be able to provide a proper opinion. Odds are, the music is likely only for use on YouTube.

2 Answers | Asked in Copyright, Intellectual Property and Trademark for Oregon on
Q: Can I trademark Floyd D Duck? I think the trademark has lapsed
William Scott Goldman
William Scott Goldman
answered on Jul 8, 2020

Well, assuming the grace period has already expired and there's no common law use or federal registration(s)/pending application(s) for anything identical or similar in the relevant categories, then you could attempt to register the mark. I'd recommend hiring a trademark attorney to... View More

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3 Answers | Asked in Copyright and Intellectual Property for Oregon on
Q: How do I get copyright of my photos?

I have a store on eBay and noticed that other sellers are using them without my permission and now I found a company using my photos .. its frustrating because I took the time, patience, and dedication to take each photo and for someone to just use them is not fair, I've tried contacting the... View More

Barbara Berschler
Barbara Berschler
answered on May 26, 2020

Without doing anything special, you already own the copyright in your photos. That being the case, you could proceed under the Digital Millennium Copyright Act (DMCA) to notify the internet service provider where the photos are being displayed. Check the Terms of Use of the ISPs to follow the... View More

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1 Answer | Asked in Copyright and Trademark for Oregon on
Q: If I wanted to title a book with "Portlandia" in the name, do I need to get permission? Or is this a commonly used name?

It's being used in reference to the city of Portland. More of just a fancy way of saying Portland.

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Feb 29, 2020

Depends on how you are using it. Portlandia is a trademark for several items, see the USPTO's TESS search for details.

2 Answers | Asked in Copyright and Intellectual Property for Oregon on
Q: I made a song with a free beat that the creator allows anyone to use and someone else who doesnt own it Copyrighted me

They have whole different lyrics just the same beat and they copyrighted my song causing me to unwillingly forfeit all future revenue I may make and I was wondering what I can do about it legally

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Feb 8, 2020

Unsure, as your information does not exactly make sense. The person who wrote the beat owns the copyright to that part, you would own the copyright to your lyrics. The other person would own the rights to their lyrics.

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1 Answer | Asked in Copyright for Oregon on
Q: Can I use the trademarkednwords ¨Think Different¨ for a non-commercial magazine?
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on May 27, 2019

Basically no. You could get a license from them (IBM?), but that is about it.

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