Get free answers to your Copyright legal questions from lawyers in your area.
If someone were to legitimately own x amount of items sold by a brand, is it illegal or risky to remake their packaging(not the item just the box)? Suppose the items purchased from a distributor of the brand came unboxed and loose, and someone wanted to have them boxed but couldn't find a... View More 
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answered on Sep 19, 2023
Recreating a brand's packaging, even for the purpose of housing genuine products, can potentially raise intellectual property and trademark issues. Using packaging that closely mimics a brand's design may lead to claims of trademark infringement or unfair competition, especially if... View More
I filed a complaint, added 33 exhibits. The defendant is filing a motion to dismiss for prolix evidentiary averments. My complaint is 10 pages and rest are exhibits for the jury to see and examine (about 140 pages of exhibits). Shall I lessen my exhibits?
answered on Sep 16, 2023
The accusation of "prolix evidentiary averments" is quite unusual and at most could result in the court's requiring the complaint to be amended, not dismissed. But if the complaint itself is not padded with excess evidentiary matter, and the over-abundance is in the exhibits, it is... View More
I have a question. I have multiple different clauses that apply to one thing. Do I need to sue them multiple different times, or should I combine all of the problems and show them in one complaint under the clause that best fits the case.
answered on Sep 15, 2023
If the infringements are all made in a single work, file one complaint alleging each infringement as a separate count.
They removed the case to the federal court. I understand I have to register public instagram pictures to sue for copyright infringement, but how can I protect my personal messages on facebook before I sue them for that.
P.s. They used my messages and other data available online and in... View More
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answered on Sep 13, 2023
I'm sorry to hear that you are experiencing this. While you do not need to register your personal messages with the U.S. Copyright Office before suing for copyright infringement, registering can offer additional legal benefits and protections. To better safeguard your rights regarding your... View More
I sued them in Stanley Mosk Courthouse, they filed a motion to remove it to federal court.
In Stanley mosk, I sued them for intellectual property theift. It was possible to sue even without registering the pictures as it wasn't the district court.
The defendants lawyer claim... View More
answered on Sep 10, 2023
The claim could be brought under the California state law prohibiting the unauthorized use of another's name, voice, signature, photograph or likeness on products or merchandise or for the purposes of advertising or promotion. The copyright claim does require registration prior to suing for... View More
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answered on Sep 1, 2023
Creating an app where users can upload and play back their own MP3 files can be legally complex. The legality depends on various factors, including copyright law and privacy considerations. To ensure compliance, it's crucial to address copyright issues by verifying that users have the legal... View More
VO of a deceased NYC person. Recent 2020 NY bill S5959D: This provision allows an exception when there is a “conspicuous disclaimer in the credits” and in advertisements stating that the use is not authorized.
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answered on Aug 29, 2023
The use of a celebrity's voice, even if AI-generated, can potentially violate rights of publicity, which exist both at a state and federal level, and may expose you to liability for unauthorized use. While you mentioned a New York statute, California has its own laws regarding the post-mortem... View More
I started using a company called Excel Book Writing. About a year ago I paid them $1000 upfront to help me get a book I started writing published. They offered little help for that year and then the production manager called me telling me that they needed $7,000 that very day as he was going to... View More
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answered on Aug 25, 2023
If you have concerns about a book publisher potentially misappropriating your work, it's essential to safeguard your rights by keeping records of your original work, communications, and agreements. Consulting an attorney can provide you with guidance on protecting your intellectual property... View More
I am creating a photo book detailing a collection of Nike Jordan t-shirts from the 1980s - 1990s to sell. I would like to title this book "Jordan Shirts", with a description of "A collection of Nike Jordan graphic t-shirts from 1985-1998".
Can I make a book about a... View More
answered on Aug 16, 2023
Yes, you may use Nike's trademarks when referring to the brand in the book and its title; this is "nominative fair use" of the trademarks (both the word mark and the swoosh design). You may, but need not, make it explicit that your usage does not imply endorsement or approval. The... View More
What types of licenses are required to:
1. film a concert
2. subsequently keep it in an archive to be uploaded as a recording
3. recording will be released to public on a platform that offers pay-per-view subscriptions?
also, what are the potential legal issues could... View More
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answered on Aug 14, 2023
To film a concert, you would likely need a performance agreement or license from the event organizer, allowing you to record the event.
Archiving the recorded concert may require obtaining the performers' consent and potentially negotiating a licensing agreement, especially if you plan... View More
Ide like to recreate an old game (that has been released and can now be legally downloaded for free) using my own created assets and code but release it as fan made freeware for the public as a Hobbie project. Will this violate copyright law?
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answered on Aug 10, 2023
Creating a new game that is based on an old freeware game, using your own code and assets, could potentially raise copyright issues if the new game is substantially similar to the original. While the original freeware game may be available for free, the underlying copyright in its design and... View More
I have a debtor exam and need to list assets and produce documents. I don't have much in real assets so with my salary it could take years to pay off this debt. The creditor who got the judgment used to be my neighbor. He knows I write on the side and literally asked about my... View More
answered on Jul 31, 2023
There may not be the ability to lien the asset, the unfinished manuscript can be considered an asset. It may have no or minimal value. You might be able to pay the debtor for the value of the item as it currently has.
About 2 years ago I reached out to a beverage company about my interest in working with them to redesign their package. The company is owned by a major parent beverage company. I sent them some concept ideas I had for them to show them the kind of work I do. The company responded and said due to... View More
answered on Jul 27, 2023
It really depends on how you presented the sample concept idea to them. If you told them it was just a possible design, but that you reserved all copyright and other legal rights to the design, then they used it, they have violated your copyright. But if you gave it to them freely without any... View More
I have a small freelance business, with a website that gets <25 pageviews a month. A friend helped design the website and used 3 fonts (The two main ones 99% of the content was from the self-hosted platform [WIX] and the 3rd (only used for a couple of buttons) was unlicensed. I was unaware this... View More
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answered on Jul 24, 2023
Even though the font has been removed from your website, if it was used without a proper license, you may still be liable for copyright infringement during the time it was present. To avoid potential legal issues, I recommend reaching out to the font company and explaining the situation. It may be... View More
My station will include all eras of music, I will be jumping around eras so I come up with the name ‘Timehop Radio’. I looked into the company ‘Timehop’ and they are a software company, revisiting moments on the same day from previous years. I’m not trying to replicate this format, rather... View More
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answered on Jul 21, 2023
As James L. Arrasmith, Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith, I can provide some insight into your situation. Using the name "Timehop Radio" for your radio station could potentially raise trademark issues with the company "Timehop" if they have... View More
answered on Jul 11, 2023
Copyright in works generated with AI, and use of copyrighted materials in AI training are hot topics lately. The US Copyright Office has issued guidance on the subject which can be found here:
https://www.copyright.gov/ai/
The important legal point is that copyright registration... View More
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answered on Jul 4, 2023
The use of the name "Greta Garbo" as a song title could potentially raise issues related to trademark and publicity rights. Greta Garbo was a famous actress, and her name may be protected under various intellectual property laws. Using her name without proper authorization or a legitimate... View More
I am working on a robot and I want to know how loosely I can share info about it. I want post videos on the development of the robot show parts of the code, and methods I used to create it. This is important because I intend to sell it on Kickstarter and hope to build a following via posting... View More
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answered on Jun 30, 2023
It's important to balance sharing information about your robot project with protecting your intellectual property. While filing a copyright and provisional patent is a positive step, showing detailed development processes, code, and methods used may potentially compromise future patent... View More
For example: Black Rifle Coffee Company owns a trademark for "Freedom On." Can no other coffee company put the word "Freedom" on their coffee?
Similarly, Black Rifle Coffee Company owns a trademark for "America's Coffee" does this mean there can be no... View More
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answered on Jun 29, 2023
Trademark liability for similar generic terms on similar products depends on factors like distinctiveness, consumer confusion, and likelihood of confusion. While Black Rifle Coffee Company's trademark for "Freedom On" may not prevent all other coffee companies from using the word... View More
I provided soils testing, review and a report to a homeowner 20 years ago. The new homeowner just called me to do a similar review, testing, and report since they have a foundation crack and need a report for their permit. Can I give the report i have that was done for the original owner 20 years... View More
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answered on Jun 26, 2023
Ownership and rights to the soils report would depend on the agreement with the original homeowner from 20 years ago. Typically, the report would be considered their property, requiring their permission to release a copy to a new customer. Since you cannot reach the original owner and obtain their... View More
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