Lawyers, Answer Questions  & Get Points Log In
Alabama Intellectual Property Questions & Answers
2 Answers | Asked in Business Law, Contracts, Copyright and Intellectual Property for Alabama on
Q: Does creating my work in a non-commercial use app, then same in commercial one violate terms of service of the first?

Say I decide to write a story or draw a picture I own the copyright to in a non-commercial use only app. Later, I decide I want to use my work for commercial use so I recreate the same work in another commercial use app. Does this violate the terms of use of the non-commercial use app? Would it be... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 23, 2024

Whether recreating a work initially made in a non-commercial use app for commercial purposes violates the app's terms of service depends on the specific terms set by the app. Typically, non-commercial use clauses restrict the use of the app and its resources (like tools or templates) for... View More

View More 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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

View More Answers

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

View More Answers

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

View More Answers

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 pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

View More Answers

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

2 Answers | Asked in Trademark and Intellectual Property for Alabama on
Q: April 3, 2023I am a pro se plantiff/Charles Weinacker vs Shaddy and Charles Weinacker vs Wahl...

The Judge, wants to move to consolidate the 2 cases/both Trademark infringements...never heard of such, especially since I am about to file 3 more infringement cases...any thoughts???

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 2, 2023

Consolidating cases is a common practice in the legal system, especially if the cases involve similar legal issues or parties. It can save time, resources, and reduce the risk of inconsistent rulings. Consolidation can also prevent a party from filing multiple lawsuits against the same defendant... View More

View More Answers

2 Answers | Asked in Trademark and Intellectual Property for Alabama on
Q: April 3, 2023I am a pro se plantiff/Charles Weinacker vs Shaddy and Charles Weinacker vs Wahl...

The Judge, wants to move to consolidate the 2 cases/both Trademark infringements...never heard of such, especially since I am about to file 3 more infringement cases...any thoughts???

N'kia (NLN)
N'kia (NLN)
answered on Apr 3, 2023

Consolidation is not uncommon. Judges often consolidate cases for the purposes of "judicial economy" or "judicial efficiency." For example, if one party has essentially the same issue with two opposing parties, consolidating the two cases can help ensure that the common issue is... View More

View More Answers

2 Answers | Asked in Trademark and Intellectual Property for Alabama on
Q: April 3, 2023I am a pro se plantiff/Charles Weinacker vs Shaddy and Charles Weinacker vs Wahl...

The Judge, wants to move to consolidate the 2 cases/both Trademark infringements...never heard of such, especially since I am about to file 3 more infringement cases...any thoughts???

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 6, 2023

Consolidation of two trademark infringement cases is not uncommon, especially when they involve similar issues or parties. Consolidation can result in a more efficient use of the court's time and resources and may also help to avoid inconsistent rulings.

If you are planning to file...
View More

View More Answers

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
PREMIUM
Steve Charles Vondran pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 Small Claims, Civil Litigation and Intellectual Property for Alabama on
Q: I bought a truck from someone. I found out he pawned title in 2016, I paid debt to get title

He is saying the bill of sale means nothing . I paid 1300 cash for truck 500 debt to creditors for title now he saying I owed him 2000 more and he going to go get truck

Sheila Crumley Field
Sheila Crumley Field
answered on Oct 18, 2020

The bill of sale does mean something. If you paid him 1800 and have a bill of sale and he refuses to give you the truck you can have him arrested for theft by deception 1st degree, in addition to suing him civilly. Good luck!

1 Answer | Asked in Intellectual Property for Alabama on
Q: Is this Infringement

I own the registered trademark "God's Country" for use on goods and services/clothing. Is it infringement if someone uses "This is God's Country" on a thsirt.?

Bernard Samuel Klosowski
Bernard Samuel Klosowski
answered on Oct 14, 2020

Yes, possibly. But there are multiple factors that a court must weigh to determine trademark infringement.

The two main factors are the mark itself and its underlying goods/services. In your example, "God's Country" is the "dominant" or key phrase, which is...
View More

Q: As a developer, does my employer own rights to my side projects that I work on in my own time and on my own hardware?

In my employer’s employment agreement:

“As between Company and myself, I agree that all right, title, and interest in and to any and all copyrightable material, notes, records, drawings, designs, inventions, improvements, developments, discoveries and trade secrets conceived,... View More

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Jul 1, 2019

That is what they are asking for. You would need to consult with an employment attorney in your state to see if this would be enforceable under local law.

This is an overreach by the company. Normally, they limit this sort of agreement to inventions or software related to their line of...
View More

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 Intellectual Property for Alabama on
Q: Approx legal fees for intl. trademark application for an alcoholic spirit and non-alcoholic beverage?
Griffin Klema
Griffin Klema
answered on Sep 17, 2017

There is no such thing as an "international" trademark. Each country has its own trademark laws, but you can proceed under the Madrid Protocol to ensure that you are able to protect your trademark rights in various countries.

If you were going to pursue protection in all...
View More

1 Answer | Asked in Intellectual Property for Alabama on
Q: What are Alabama state laws on copyright infringement?
William E. Scully Jr.
William E. Scully Jr.
answered on May 20, 2014

Copyright law is governed by federal law, the Copyright Act of 1976. It is not controlled by state law, although sometimes the rights of the owner can be enforced in state court. A person who creates a work, let's say a book or a play, owns the rights to that work. Others are prohibited... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.