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Arkansas Copyright Questions & Answers
1 Answer | Asked in Copyright and Intellectual Property for Arkansas on
Q: Can 1950 copyrighted syndicated comics that were not re-registered get their copyrighted status back?

I inherited the original galleys of the comics that were copyrighted as a work for hire from the syndicate I also inherited. I have an exclusive licensing contract agreement with a company, who has requested that I update the copyrights to protect them from being used for commercial, and not... View More

James L. Arrasmith
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answered on Apr 15, 2024

Based on the information provided, it sounds like you have inherited the original physical materials (galleys) of comics that were created as works-for-hire and initially copyrighted by the syndicate you also inherited in 1950. The key considerations are:

1. Pre-1978 works had an initial...
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2 Answers | Asked in Copyright, Trademark and Intellectual Property for Arkansas on
Q: What does it mean when the copyright or trademark has been abandoned. And if it means the person or entity no longer own

It can some one else take the rights for copyright or trademark. ? If nine of these then if the purpose or business isnt what the propritor has is it okay to use the name?

James L. Arrasmith
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answered on Apr 11, 2024

When a copyright or trademark has been abandoned, it generally means that the owner has stopped using or enforcing their rights to the intellectual property. This can happen due to various reasons, such as:

1. The owner deliberately abandons the copyright or trademark.

2. The owner...
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2 Answers | Asked in Copyright, Trademark and Intellectual Property for Arkansas on
Q: What does it mean when the copyright or trademark has been abandoned. And if it means the person or entity no longer own

It can some one else take the rights for copyright or trademark. ? If nine of these then if the purpose or business isnt what the propritor has is it okay to use the name?

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Apr 10, 2024

The term of copyright for a particular work depends on several factors, including whether it has been published, and, if so, the date of first publication. As a general rule, for works created after January 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years.... View More

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1 Answer | Asked in Copyright for Arkansas on
Q: Can I use a movie still on an Instagram post where I review and comment on the movie? Is this fair use?
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jul 8, 2023

Yes, it is fair use for the purpose of review & educational purposes.

2 Answers | Asked in Copyright and Trademark for Arkansas on
Q: Can Warner Music take down my product listing?

I sell a shirt that says “My Chemical Imbalance” hand drawn in reference to the band, My Chemical Romance. I have looked at their trademark and as far as I can tell, they don’t have the proper trademark to take my listing down unless I am misunderstanding.

Robert Kost
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answered on Nov 24, 2021

You might want to consider: "MY CHEMICAL ROMANCE

Goods and Services IC 041. US 100 101 107. G & S: [ ENTERTAINMENT SERVICES IN THE NATURE OF LIVE MUSICAL PERFORMANCES; ] PROVIDING A WEBSITE FEATURING INFORMATION REGARDING [ LIVE PERFORMANCES AND ] MUSIC,...
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1 Answer | Asked in Copyright for Arkansas on
Q: Is it legal for me to copy or nearly copy a website's functionality and folder structure if design, code, layout is mine
Marcos Garciaacosta
Marcos Garciaacosta
answered on Sep 25, 2019

it will depend if there are elements that can be protected by other filings or registrations like patents and such.

If the website is so unique that you are asking yourself these questions,there may be something to be worried about.

You should call for a consultation to review the...
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1 Answer | Asked in Copyright, Collections, Constitutional Law and Public Benefits for Arkansas on
Q: Someone wrote a book about my life and crime. It's even titled after me. I didn't consent.

Can I get compensated for them using me in a story it label me ignorant and poor.

John Espinosa
John Espinosa
answered on May 28, 2018

This question doesn't belong in any of these categories. You may have a civil cause of action for defamation. You should consult with a litigation attorney who specializes in defamation. Here is some more information about defamation:... View More

1 Answer | Asked in Copyright for Arkansas on
Q: My question is involving copyrights I'm in the process of starting my own t-shirt business I'm trying to get more info

If I go online right now I can take any picture I want posted on a t-shirt printing website and have the tshirt made and printed to me pay for it they receive a profit and they send me the shirt how is that not violating copyright laws like all I want to do is figure out how to run a successful... View More

Benton R Patterson III
Benton R Patterson III
answered on Aug 4, 2017

Your example of finding a copyrighted picture online, sending it to a t-shirt company, and having them print a t-shirt with the photo, is infringement. The infringement is just not enforced by the owner, likely because either the owner does not know, or it is not worth the time and expense of... View More

1 Answer | Asked in Copyright for Arkansas on
Q: Am I immune from copyright infringement if I download so-called abandnware from archive.org since they're DMCA exempted?

Archive.org states that they've been exempted from copyright issues(https://archive.org/about/dmca.php) under the fair use doctrine and due to its educational purpose.

They have alot of vintage stuff available, which I'm crazy about, such as having magazine copies of old software... View More

Will Blackton
Will Blackton
answered on Jul 27, 2017

You're almost certainly *not* immune from copyright infringement liability. The best Archive.org can warrant, if it is not the creator of the content you're downloading, is that it will cover the costs of a lawsuit based on downloading from their website (indemnification). To my... View More

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