Get free answers to your Copyright legal questions from lawyers in your area.
I am an Art Director who is working on a project for publication. I did hire trade photographers (those willing to do work for portfolio purposes and not paid compensation). I want to know, if this does blow up and reach magazines and more, what are my rights as far as potential profit?
answered on Jan 2, 2017
It's advisable to safeguard your intellectual property and also to form written contracts with such photographers to clarify the rights and duties of the parties before commencing work on the project. The best first step is an Initial Consultation with an Attorney. You can read more about me... View More 
So, I really love her ideas and they are similar to mine too. These are both handmade craft candles. These are candles in jars and my idea is very similar. I noticed though that on her site, hers is copyrighted, denoted by the small circle c at the top of her product. Can I still have something... View More
answered on Dec 13, 2016
It's hard to determine without more facts and the specific nature of her candles versus yours. Many creations can potentially be copyrighted, but the questions of uniqueness and confusion may give rise to dispute and even litigation. If she's made a relatively generic looking candle, it... View More
If someone takes a video or audio recording of them reading a book, does that infringe on copyright of that book? How do you get rights to do that broadcast with that book?
answered on Dec 9, 2016
You would need to license the rights from the copyright owner, unless copyright protection does not apply for various reasons. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make... View More
I want to shoot stock video footage of education in action. Does the school have the right to sell/grant me that right on behalf of the kids, or do I have to get each one of their parent's signatures? The school is in Florida. I live in CA.
answered on Sep 13, 2016
Usually you would need the permission of each student's parent, each teacher. Can't tell you if under Florida they have a right to sell you that--sounds a bit odd.
Hello, I am interested in printing and selling posters. The posters will feature drawings/interpretations of famous music artists. I plan to hire artists to draw the posters (the drawings will not be based on any photographs or previous designs), paying the artists an initial fee and royalties on... View More
answered on Aug 4, 2016
I would. The copyright aspect is only one of the issues to be concerned about. There is also a civil offense called Appropriation of Name or Likeness. In California, this is provided for by statute as well as case law.
For example, let's say you use Taylor Swift as the artist in... View More
About 20 years ago I purchase a storage unit and inside the unit were about 15 8 x 10 modeling pictures of Top Male Movie Stars. Two of the males are of Johnny Depp & Leonardo Dicaprio. All pictures were taken in 96 & 97 and have never been published and are full frontal nudes. I did ask... View More
answered on Jul 26, 2016
This is not an immigration question. Please post in the appropriate category.
All the best.
-Shan Potts
Like our facebook page for regular immigration and visa updates - www.facebook.com/pottsmartinez
15 years of successful immigration law experience. The answer... View More
to be included in a book I am writing? The purpose of the music is to be played when reading certain chapters. The proceeds of any book revenue will be going to a national known charity. Please let me know your thoughts. Thanks, Steve
answered on Mar 31, 2016
If it is in the public domain, yes, but I fear you misunderstand what PD actually is. Movie soundtracks are not in the public domain automatically anymore than poems. In order for it to be in the public domain, the work needs to have never been copyrighted (assuming other factors are in place) or... View More
Now i'm having a break with that team and they are threatening to sue me if i use the labels. All the correspondence was done through facebook messenger and i have logs of everything said.
She gave them to me for this expressed purpose with a written out understanding many times that... View More
answered on Feb 24, 2016
This would depend on a detailed reading of all of the correspondence to see if any sort of contract or license was created to allow you to use the logo. As a general proposition, the person who creates the work of art owns the copyright. One exception is what is called a work for hire, which may... View More
I created a French language course in the 90's, which included lesson plans, storybook, songs and professionally recorded tapes. I did lease it for a very limited time to an acquaintance but lost touch with her when we came to the States. Now I see there is someone else running the school and... View More
answered on Feb 24, 2016
Can you sue someone in the UK even though you are in the US, yes, you would need to find a UK lawyer (though I think they are called barristers and solicitors there) to accomplish this.
answered on Feb 24, 2016
Potentially, but there are issues related to both copyright and trademark involved. Fair use may be a defense, but more information would be needed to see if there is a way to avoid liability.
wrote a book, paying someone to make cover art, want to use pieces of playboy magazine images to make cover-- they think that it becomes new art and thus don't need permission. want to make sure this is true.
answered on Feb 24, 2016
While this person is partly correct that the combination does create a new work of art that would have it's own copyright, the fact remains that the collage would be a derivative work of the original art works. As in, making the collage without the permission of the copyright holders of the... View More
When is it ok to use pics of them and when is it not? My understanding was the using picture of celebrities that are selfies, or Polaroid's and taken by paparazzi are fair game, but using pictures that were taking for promotional purposes or during a photoshoot are not alright.
I will... View More
answered on Feb 24, 2016
All of the pictures you are talking about are copyrighted, and you would need a license to legally do what you want to do. In addition to copyright issues, there are are personality rights to deal with that you would need to contract with the celebrities to use their likeness.
I'm a graphic designer and I use Photoshop in my work. Recently, I came up with a design and I'd like to use this composite design on a t-shirt and sell it as it's getting popular. The design I created is original but the character I used is a fictional character from film and TV... View More
answered on Feb 24, 2016
In order to avoid legal issues you would need a license from the copyright holder of the three photos, and then also a license from the trademark holder for the character. This assumes the character is trademarked and the photos you used are copyrighted.
I'm planning on publishing the book as an e-book. Anyone reading the book will quickly understand that it's satire and is not meant to be taken as a factual, so I'm not worried about legal issues with the actual content, but I'm wondering about author names. The content of the... View More
answered on Oct 2, 2015
There are problems with false attribution, too many to start listing here. It might be possible to use disclaimers with respect to use of the person's name. However, even if it might be possible, it would have to be done in compliance with laws and legal precedent. The difficulty is compounded... View More
Hello!
Is it illegal to use real teams and professional players names in my upcoming Fantasy Sports related game?
I must say it is NOT a free game, and i am interested in using player from all over the world, not US based only.
Thank you for your reply!!
answered on Aug 25, 2015
Sounds problematic for various reasons. Talk to a local intellectual property lawyer.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not... View More
Hello!!! Thank you for the good site!!!
I'm an aspiring film director. I have some questions to you! 1 - I want to use Freddie Mercury image. I know that it's impossible. But what about if I will draw his portrait by myself? Can I use it in my film?
2- the same question... View More
answered on Jun 18, 2015
Use of a celebrities image (whether drawn or photographed) may give right to publicity rights claims, depending on the jurisdiction of use. Many states, including CA and NY have state law protecting the rights of individuals to control the use of their name and likeness. Some of these laws even... View More
I wrote from interviews for the purpose of posterity. The person has since died. What is fair compensation to the heirs for use of his story in a book and/or film? (Written on spec.)
answered on Jun 16, 2015
Fair compensation really depends on what the heirs will charge you for use of the person's "name and likeness" as the subject in your novel/film. Depending on your jurisdiction, the heirs may also have the right to prevent circulation of your novel/film without their express... View More
It wouldn't just be the phrase. Maybe something like "I AM THE WALKING DEAD"
Thank you.
answered on Mar 2, 2015
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.
You should find out if anyone has a claim to that phrase. There are professional firms that can assist with a trademark search. Be sure to consult your own attorney to protect your... View More
I'm only being paid a small stipend with no other benefits. I generally am able to choose which assignments to pursue. I use my own equipment, edit the photos on my own time, in my own space. I have not signed any agreements, and certainly not one that specified made for hire.
answered on Sep 4, 2014
Yes, as the creator, you own the copyrights to photos you've taken. However, you may have lost your rights when you published them without a copyright notice, or you may have ceded them by allowing the newspaper to copyright them.
You should have a lawyer-prepared contract with the... View More
I want to create an online storage but if the user upload copyright material such as Music/Video file,will it put me in risk as developer?
an other question:if i offered a facility that the user could share files but no publicly,such as dropbox you can just share with several contacts,will... View More
answered on Sep 4, 2014
It depends! This is a minefield, so tread very carefully, and preferably with guidance from a good internet and copyright lawyer. Here are some of the laws and issues to consider:
If the service actively encourages users to upload copyrighted music and videos, then it could be found liable... View More
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