Get free answers to your Intellectual Property legal questions from lawyers in your area.
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answered on Jan 24, 2024
Copying and pasting dictionary definitions into your notes or flashcard app for personal use generally falls under the category of "fair use," a concept in U.S. copyright law. Fair use allows limited use of copyrighted material without requiring permission from the rights holders,... View More 
I read Google Play's terms of use and it says that Google Play content is for non-commercial use only. I contacted an app developer, who published their apps on the platform, if one of their apps was non-commercial use only and they responded that there were no restrictions on using their app.... View More
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answered on Jan 23, 2024
When it comes to using apps from the Google Play Store for commercial purposes, it's important to differentiate between the terms of service of the platform (Google Play) and the terms of use of individual apps. Google Play's terms generally refer to the content they directly provide, not... View More
Taking notes by summarizing the key points and citing the sources seems not to be copyright infringement. Is this the same in academic writing and research papers? Would it be fair use if I took notes verbatim without summarizing for private study?
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answered on Jan 23, 2024
Taking notes from a copyrighted website, even if you don't summarize or transform them, can be considered fair use under certain circumstances. Fair use is a legal doctrine that allows limited use of copyrighted material without permission for purposes such as criticism, comment, news... View More
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
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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
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?
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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
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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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
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
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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... View More
I would like to provide courses/ a community around visiting Disney and all the knowledge that is needed to have a good trip now days. Is it legal to run ads around this course or will Disney come after me for it?
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answered on Jul 18, 2024
Running online ads for your courses about visiting Disney is generally legal, but there are important considerations. You need to be cautious about how you use Disney’s trademarks and copyrighted material. Using Disney’s name or logos in a way that suggests an official endorsement or... View More
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
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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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
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???
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
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?
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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
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
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!
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.?
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
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
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
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
answered on Jan 11, 2018
I'm not sure I understand your question. Please explain a little more. Thanks,
Mark A. Baker
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
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
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