I’m looking to create a mobile program that allows kids to create their own stories by supplying them with art assets and allowing them to write in text. If this patent is that exact thing, is there a way around creating that or am I completely blocked on making this program? When does the patent... Read more »
Thanks for caring enough about doing the right thing to ask a question. The technical term for what you are asking is called freedom to operate (FTO) or sometimes "clearance". You are asking whether there are concrete legal rights that exist that would impinge on your freedom to operate...Read more »
Do you intend to apply the actual logo stickers that you bought? In copyright, there is the First Sale Doctrine that provides that if a person buys an object having copyright protected material, the buyer can do what they want with the object. For example for a book, you could give it away or...Read more »
Trademarks are specific to the type of goods being sold. If your company would not produce competing products with the existing mark, then you probably would not infringe their mark, and registration of your trademark may be possible. I would suggest contacting a trademark lawyer for a free initial...Read more »
I have a brochure I made in 1998 I only have the one copy that I mailed myself to protect the work. I want to update it but don't want to lose any protection I might have by opening the envelope. Is it protecting me, and thus needs to remain unopened, or is that an urban myth?
This is an urban myth. Original creative works receive copyright protection as soon as they are created in some retrievable form, that is, when they're written or printed. Mailing yourself the work does nothing to enhance that copyright protection. However, filing for statutory copyright...Read more »
I have been given a scenario involving someone who creates a concert poster using a NASA Image called Reisman's Self Portrait. He displays this poster around town, social media websites, and personal websites. Would this be infringing on original copyright or would this be considered fair use?
Under 17 USC 105, copyright does not extend to any work prepared by an officer or employee of the federal government as part of his or her official duties. This provision doesn't prevent the federal government from owning copyrights either by assignment or pursuant to work-made-for-hire...Read more »
I run a smallish student organization at my university and we are designing the shirts to sell at an upcoming fundraiser. One of our designs is very similar to the wu tang W logo without the text. The funds raised from the shirts would go back into the club.
I paint things for family and friends for holidays or a special occasion. I do not have or intend on having a business or sell these items. They are solely gifts. Am I allowed to paint a Disney character on something and give it as a gift, and post a picture of that gift? This was just mentioned to... Read more »
This would qualify as trademark/copyright infringement. That being said, Disney would have to find out about this infringement and determine that it's worth their time to sue you, before you'd face the consequences of this infringement.
I'm using many famous action movie/tv icons but with slightly or totally different names and personalities as characters in my book. The story is original, but mocking fantasy and sci-fi tropes. For example I spoof Mick "Crocodile" Dundee by making a character named Paul... Read more »
You should speak with a qualified entertainment attorney regarding all the facts of your situation. Your treatment of these fictional characters may be considered "fair use", and the subject of first Amendment expression, which includes biographical, historical, satirical, and parodic...Read more »
A dice manufacturer has made dice for games like dungeons and dragons that are rainbow pattern. By Layering different colored resin on top of resin until the die is completed. Can this be copyrighted? They said they put in a copyright that protects this in the USA. But I can't find it.
A copyright springs into being automatically when a work is created in a tangible form, however, registering the copyright with the U.S. Copyright office gives the copyright holder more rights to pursue a remedy if the copyright is infringed by others. You may want to read the general FAQ...Read more »
Yes, you will have a copyright claim to your work. However, creative works based on previous works are considered a "derivative work" and require the permission of the original copyright owner before registration, distribution or pubic display/performance of the subsequent work....Read more »
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