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Alabama Copyright Questions & Answers
2 Answers | Asked in Copyright for Alabama on
Q: Would it be seriously problematic if I self-published my original work before I receive my certificate of registration?

The US Copyright Office has already received my original literary work. I am wondering if I can go ahead and publish or if I need to wait to receive my certificate of registration.

Jason Brooks
Jason Brooks answered on Apr 9, 2019

The date of confirmation of registration is the operative measure. The certificate is just documentary evidence for you to have at your disposal. So, as long as you have a registration number, you're protected.

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1 Answer | Asked in Consumer Law, Copyright, Child Support and Constitutional Law for Alabama on
Q: Is it legal for a single mother to be forced to have a DNA test done on her child especially when there's an open invest

I was forced to have a DNA test done on my child after he was 4 years old and I have had sole custody of him up until this point

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Jan 12, 2018

Yes. It is perfectly appropriate for the Court to order a DNA test to establish the paternity of a child.

1 Answer | Asked in Copyright and Intellectual Property for Alabama on
Q: Can I legally sell a resource to accompany a novel study on an online store and refer to the actual title of the book?

I have created a lesson to accompany a novel to sell commercially to other teachers. Most book titles are not trademarked, but the novel title I created the lessons to accompany is listed as "trademarked". In the product, I refer to the title of the book multiple times and the activity pages that... Read more »

Mark A. Baker
Mark A. Baker answered on Jan 11, 2018

I'm not sure I understand your question. Please explain a little more. Thanks,

Mark A. Baker

1 Answer | Asked in Contracts, Copyright, Entertainment / Sports and Trademark for Alabama on
Q: Do I (the producer) own the rights to an artist’s image/likeness/master recordings?

I produced (recorded, mixed, mastered, published, etc) two albums and numerous music videos for an artist. We were a team and were good friends. The artist willingly allowed me to record him, video him, photograph him, etc. and post it all on my website and social media pages many times. No... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Dec 4, 2017

Unless the artist agreed to convey to you the property you don't own it. You might try to enforce some contract by course of dealing, or attempt to show that he gave the work away, but you are going to learn a lesson in doing things without an agreement in place.

1 Answer | Asked in Copyright and Patents (Intellectual Property) for Alabama on
Q: Is the material known as Zorb patented or copywrited?

It is a material made up of several different materials.

Peter D. Mlynek
Peter D. Mlynek answered on Sep 14, 2017

This material is very likely trademarked. It is likely not copyrighted.

As far as patents go, it may very well be patented. Take a look at the material or the packaging that it comes in, and there should be some sort of a patent marking, such as “pat.” or “patent” with one or more...
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1 Answer | Asked in Copyright, Land Use & Zoning, Real Estate Law and Probate for Alabama on
Q: My mother passed away 5 years ago and I have been living in the home. The property was left to me, my sister and brother

However my brother was the executor of the will and has been paying the taxes on the property what are my rights and can he make me leave and take sole possession of the property?

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Sep 13, 2017

You did not say if the will was ever offered for probate. That is a key point. If it has been more than 5 years since your mother's death the will can't be offered for probate, and the estate would be handled as in intestate succession -- as if there was no will. I don't think your brother can... Read more »

1 Answer | Asked in Copyright for Alabama on
Q: I would like to self-publish a book-length criticism. Would my use of other sources fall under the terms of "Fair Use"?

I am in the process of completing what might best be referred to as a personal, book-length research paper. The work is a criticism of a particular field and its practices. As I am not an expert, I cite a significant amount of scientific literature, expert opinion from a wide variety of books, and... Read more »

Mark A. Baker
Mark A. Baker answered on Jul 19, 2017

As you probably know, the fair use doctrine is not a black and white formula and its application involves a number of considerations. In general, though, it is an available defense against an infringement claim in works of criticism, as you have described your work.

A court will look at...
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1 Answer | Asked in Copyright for Alabama on
Q: I'm writing a book. I need some examples to write in the book. People on FB gave me great ones. Can I use them?
Will Blackton
Will Blackton answered on Jun 13, 2017

Copyright law will protect the expression of ideas, that is, the creative organization of words used to write the ideas, but not the underlying ideas themselves.

So, if you want to copying word-for-word from others, you must get their permission before using their work. If you want to...
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1 Answer | Asked in Copyright for Alabama on
Q: Should I put my name on each page of my lyrics before I copywrite
Vincent Thomas Lyon
Vincent Thomas Lyon answered on Apr 22, 2011

It's copyRight, not copyWrite. It is the right to control or restrict the copying of your work.

And you don't need to put your name on every page. I can't think of why you'd want to, unless the pages are loose and likely to fall apart.

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