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Alabama Copyright Questions & Answers
1 Answer | Asked in Copyright and Intellectual Property for Alabama on
Q: Is it copyright infringement to take a picuture of products I bought to keep on my PC for memories?

Products include stamps, christmas cards, bikes, etc. that has a design or logo on them; pretty much anything IP laws cover. I don't plan on sharing the photos if it is legal to take them. Also, how does this apply to product pictures for an Ebay listing?

James L. Arrasmith
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answered on Jan 22, 2024

Taking photographs of products you have purchased for personal use, such as keeping them on your PC for memories, is generally not considered copyright infringement. Copyright law typically allows for the personal, non-commercial use of such images. This is because your use is private and does not... View More

2 Answers | Asked in Copyright and Intellectual Property for Alabama on
Q: In the USA, is it copyrighright infringement to download an image for private offline viewing without sharing?
James L. Arrasmith
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answered on Jan 22, 2024

In the United States, copyright law protects original works of authorship, including images, from unauthorized use. The act of downloading an image without permission from the copyright holder can be considered an infringement, even if the image is only for private, offline viewing and not shared.... View More

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2 Answers | Asked in Copyright and Intellectual Property for Alabama on
Q: In the USA, is it copyrighright infringement to download an image for private offline viewing without sharing?
Sheldon Starke
Sheldon Starke
answered on Jan 22, 2024

Once you download something in your computer, you are committing copyright infringement. IP has no tails you can borrow except for a copyright defense of fair use . . . I would not like to rely upon defenses in the law. The trouble with copyright infringement is that in order to avoid that you... View More

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1 Answer | Asked in Copyright, Entertainment / Sports, Gaming and Intellectual Property for Alabama on
Q: Can I add 3rd party IP characters to my copy of a video game?

I play a video game that allows for modding, meaning you can add, remove and/or augment most things, from character models to game mechanics.

I want to add 3 fairly popular movie characters to my game and also make YouTube videos and have live streams with them included.... View More

James L. Arrasmith
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answered on Jan 21, 2024

Modding a video game and adding 3rd party intellectual property (IP) characters can potentially raise legal issues. Using popular movie characters without proper authorization may infringe on copyright and trademark rights held by the owners of those characters.

Displaying these modded...
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2 Answers | Asked in Copyright and Intellectual Property for Alabama on
Q: How do I find the copyright holder of a work by a deceased author?

Years ago I wrote a screenplay based on a self-published novel by a friend of mine, with her permission and minor collaboration. The lady has since passed away. Her heir says that the lady willed her copyrights to someone else but she does not know whom. Records still list the original author as... View More

James L. Arrasmith
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answered on Sep 24, 2023

To identify the current copyright holder, you can start by checking the U.S. Copyright Office records, as any transfers of copyright should ideally be recorded there. Additionally, reviewing the deceased author's will or probate records might provide clarity on the transfer of copyright.... View More

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2 Answers | Asked in Copyright and Intellectual Property for Alabama on
Q: How do I find the copyright holder of a work by a deceased author?

Years ago I wrote a screenplay based on a self-published novel by a friend of mine, with her permission and minor collaboration. The lady has since passed away. Her heir says that the lady willed her copyrights to someone else but she does not know whom. Records still list the original author as... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Sep 20, 2023

It is not essential that you identify the current owner of the copyright in the novel, but if you desired to do so, the best resource would be the probate records for the novelist's estate and/or a copy of the will. Your screenplay is an original work of your own authorship, with the... View More

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1 Answer | Asked in Contracts, Copyright, Employment Law and Intellectual Property for Alabama on
Q: Can a company use my images in marketing even if I no longer work there? It was not in employee contract to take images

For copyright questions

James L. Arrasmith
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answered on Sep 11, 2023

If your former employer is using your images without your explicit consent and it was not stipulated in your employment contract that they could use your images for marketing purposes, you may have grounds to object to this use. Your right to object might be based on your copyright in the images... View More

1 Answer | Asked in Copyright and Intellectual Property for Alabama on
Q: Can I use a portion of the GameBoy startup sound in my own song?

Im a musician and I'm writing a song about nostalgia. The Nintendo GameBoy was a huge nostalgia factor for me. The GameBoy startup sound is just one extended chord followed by an individual note. Could I possibly get sued by Nintendo if I put the chord from the startup sound into my song?

Steve Charles Vondran
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answered on Dec 29, 2022

The issue of copyright infringement is one that has been debated for decades, and while most people are aware that they can be sued for illegally downloading music, many are unaware that they can also be sued for using a short note, or sound clip, from a song. This is because even though the clip... View More

1 Answer | Asked in Copyright and Trademark for Alabama on
Q: Can I use Palooza in an event name eg Pirates Palooza

We are hosting a local festival and I did not want to use something trademarked

Matthew Alexander Toporek
Matthew Alexander Toporek
answered on Jun 15, 2023

Palooza is commonly used descriptive term of a party and generic word so there should not be any trademark infringement issues with that particular term. Descriptive and generic terms are afforded little to no trademark protection.

1 Answer | Asked in Banking, Copyright, Bankruptcy and Admiralty / Maritime for Alabama on
Q: What do I need to do lawfully after filing an Declaration of my life line and Resurrection, In county I reside in?

I proclaimed my nationality and legal Notice

On or about 4 of April 2014 in Jefferson county..

Tim Akpinar
Tim Akpinar
answered on Mar 23, 2022

An Alabama attorney could probably advise best, but your post remains open for four weeks. This is posted under Admiralty/Maritime, but it does not appear to be something that most maritime attorneys would be familiar with. In terms of reaching out to attorneys, it isn't fully clear what kind... View More

1 Answer | Asked in Copyright for Alabama on
Q: How do I get permission to use a song in a stageplay?

I am writing a stage play and I want to use a song in the play. I read a NOLO book on getting permission to use copyrighted materials but it had a videogram license attached to it. I don't want to film the play. I just want to use the song.

Marcos Garciaacosta
Marcos Garciaacosta
answered on Sep 22, 2021

Consult with an attorney.

Start with Google, look for owners of the rights.

2 Answers | Asked in Copyright, Civil Litigation, Civil Rights and Communications Law for Alabama on
Q: a you tube program has published photos of me without my permission, It is illegal? I don't want them to use my image

a you tube program has published photos of me without my permission, It is illegal? I don't want them to use my image

Timothy John Billick
Timothy John Billick
answered on Jan 6, 2021

We all have a right of privacy, which includes our "right of publicity." However, if your image was taken while you were in a public place, and/or your image was only briefly shown, it will be much harder to assert your claim. Please consult with an IP/privacy attorney to fully assess your rights.

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1 Answer | Asked in Copyright for Alabama on
Q: Online videos and textbook question

I am planning to create videos to tutor test prep students. Every student will register and sign in and purchase a hardbound copy of the textbook I use to access the videos. Can I use excerpts from that textbook for examples and explain solutions to problems from that textbook legally? I will... View More

Bernard Samuel Klosowski
Bernard Samuel Klosowski
answered on Oct 29, 2020

Generally speaking, using "limited" parts of a copyrighted work is OK for criticism, commentary, teaching, etc. See 17 U.S. Code § 107. This is called "Fair Use." But Fair Use is just a defense to infringement; it can't prevent a suit. In other words, if a copyright... View More

2 Answers | Asked in Copyright and Trademark for Alabama on
Q: When looking at my trademark online is states 606-Abandoned-No statement of use filed. What would I do?
Evelyn Suero
Evelyn Suero
answered on Jul 8, 2020

You should consult with an attorney to determine whether you can revive the application or if you have resubmit.

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1 Answer | Asked in Copyright and Business Law for Alabama on
Q: Is it illegal to post links to audio recorded books on YouTube for my educational resources website?

I'm launching a membership and stand alone sales program covering copyrighted novels, The Hobbit, Harry Potter, Hunger Games, etc. where I develop and sell learning workbooks to complement learning using the novels.

I will sell membership plans for the resources I create.

Is... View More

John B. Hudak
John B. Hudak
answered on Jun 25, 2020

Under copyright law 17 USC 106, the owner of a copyrighted work has the exclusive right to copy, prepare derivative works, distribute copies, publicly perform, publicly display – of their copyrighted work.

A derivative work is a work made from another work – with other descriptions of...
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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... View 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... View 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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