I'm about to purchase a few images and logos for my small start up business online and the seller is a freelancer from overseas I want to make sure the photos or images are not stolen or I think the term is copyrighted by anyone else before I use them online for my business is there a way to do this
If you can save a JPEG of the photo, you can drop it into the Google images search bar and see if there are other images out there like it. Unfortunately, searching the Copyright Office's website is not as user-friendly as the USPTO's website. I can assist you in doing a comprehensive trademark...Read more »
I have a blog. I'd like to compile a resource with the jists of popular books in my niche, their main points, my experience with applying what they teach, and highlight practical ways to apply it (more or less). I'd like to sell these as downloadable pdfs. I'd imagine I may run into some copyright... Read more »
If you intend to do synopses (of sorts) accompanied by your opinions based on your experiences, it is not likely that you will face copyright issues. Your papers should not contain materials such as charts, graphs, graphics, etc. found in the works on which you are opining....Read more »
In music, if the agreement is non exclusive where they get the publishing and you retain your writers (for music licensing), how will companies/Ascap etc know when YOU got something placed as opposed to the company you sign this type of deal with? So you get your writers and publishers share when... Read more »
The collection of royalties can be accomplished in several ways. Directly negotiating and collecting with every organization, or using some of the agencies that exist that license and charge for your music, lyrics, etc directly. They then distribute the money....Read more »
I want to incorporate the names of the local universities mascots into my designs. I have already contacted the 4 major Az universities and they are interested but they suggested I contact companies that already have their permission/ license to print to save me money because of the Universities... Read more »
Copyright protects original works of authorship, whereas a trademark protects words, phrases, symbols, or designs identifying the source of the goods or services of one party and distinguishing them from those of others.
If you haven't done so, you should register your copyright with the...Read more »
Trademarks protect brands, not copyrights. A trademark protects the use of the brand in the particular industries, or classes, listed on the trademark registration. Here is a resource: https://www.nolo.com/legal-encyclopedia/trademark-classes.html
We made custom furniture for a client, named collection after her, took pictures of final product in their backyard. Year later customer asking to remove those pictures from our web site and social media accounts, as she says it invades her privacy. The client's last name or location of the... Read more »
A trademark provides protection for a name, logo, slogan, etc., as it is used in conjunction with the sale of particular products and/or services. It is quite possible to have multiple trademarks that are the same or similar coexisting in the market, as long as there is no reasonable likelihood of...Read more »
It would not be a product line, but simply applied to existing products that I would buy at wholesale, then resell at retail. The appeal would be in the applique, more than on the vehicle that carries it.
What you are describing is best protected with trademark, not copyright. You are describing selling products with a particular name/phrase/slogan attached to them, which is precisely what trademarks protect. The fact that you buy the products from a vendor doesn't change it because, as you say,...Read more »
You have the right to enforce all of the terms of your listing agreement with your former client and can demand payment for the resources you provided, the photos, that are now being used by your former client and the new realtor. You can also speak with your broker concerning the conduct of the...Read more »
As a matter of fact, you no longer have to register it in order to be protected. You have a copyright from the moment that you create your work in a fixed medium. You may want to register your work nonetheless because you need to have it registered if you want...Read more »
Were you an employee? If not, what does your written agreement with the company state?
Any copyrightable work created by an employee acting within the scope of his or her employment is a “work made for hire.” The parties do not need to address works made for hire in their employment...Read more »
I have a podcast for children and got permission from a musician to use one of his songs on one specific episode. The podcast episode is offered for free and I will give appropriate credit to him on the episode. It sounds like he owns the rights to his own music. He thought I would need a... Read more »
It sounds like you should ask for a written license/permission to use the work which states that the song writer does in fact own all of the rights and he is granting you x times to use the work under certain circumstances. You should consider all of the ways you might use the work going forward,...Read more »
I am a custom watchmaker who creates dials and watches. I have designed an absolutely unique way to track and read the time of day on a watch dial. This design could be used in clocks also. Here is my question: Can this unique dial configuration be trademarked or maybe copyrighted so that others... Read more »
To fully answer your question I would need to know more about the function of the dial configuration. The design may be protected by copyright law if it is not functional. However, the scope of copyright protection may be narrow, leaving room for others to design around your dial. From your...Read more »
Did you take the photograph? The holder of the copyright in a photo is the person who actually took the picture, or a licensee/transferee of the copyright. As such, any claim would have to be made by the actual copyright holder. Meanwhile, using a portion of a copyrighted work (cropping it down...Read more »
I made a spelling mistake in the title and cover of the 2 deposit copies I made. I want to correct those mistakes once these books are copyrighted. Am I going to have to register the corrected copies to have my copyright hold up in a US court? Do I need to register the corrected copies again for... Read more »
You would need to consult with your own attorney to determine the best course of action. Your attorney will need to know more details about your application and any errors contained therein before advising you. But, for your information generally:
The U.S. Copyright Office has a procedure...Read more »
If you do not have written permission from the creator of the video, using it in the way you described would be copyright infringement. The copyright claimant could sue you. If they registered their work with the U.S. Copyright Office, they could be entitled to $700-$150,000 in damages, in...Read more »
Your factual scenario is a bit unclear. Names, short phrases, slogans and terms are not subject to copyright law. Copyright attaches automatically to original works of authorship, which may include the character that you describe. Copyright notice is no longer obligatory to perfect copyright in...Read more »
All copyrightable works published before 1923 are now in the public domain. If the version of this image that you're tracing was published before 1923, you can legally do almost anything you want with it.
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.