This app allows you to log in using profiles from various streaming services like Netflix, Max, Disney+, and more. It enables you to watch movies and TV shows with friends and family, not through screen sharing, but together in a shared viewing experience.
The app will store copies of all... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 21, 2023
The app storing copies of all available movies and shows on your server is going to be an issue - this amounts to unlawful copying and performing of a copyrighted work without permission. You should consult a copyright attorney to better understand your legal options.
This app allows you to log in using profiles from various streaming services like Netflix, Max, Disney+, and more. It enables you to watch movies and TV shows with friends and family, not through screen sharing, but together in a shared viewing experience.
The app will store copies of all... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 21, 2023
Creating an app that stores and streams copyrighted content from various platforms without proper authorization may infringe on copyright and licensing agreements, potentially leading to legal issues. It is essential to consult with legal counsel and obtain necessary permissions or licenses from... View More
Specifically, if one were to create a character from mainstream media from scratch, that already exists and share it with others without receiving any form of compensation, is that illegal? One side tells me it's non-profit so it's okay. I read elsewhere that it falls under infringement.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 19, 2023
Creating and sharing a character from mainstream media, even without compensation, can still potentially constitute copyright infringement. Copyright law grants creators exclusive rights to their work, including the right to create derivative works. While non-profit status may be a consideration,... View More
I can prove it was there, but the main intellectual property has been destroyed. Can i sue in federal court?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 19, 2023
If you have evidence that intellectual property existed but has been destroyed, you may still have a viable claim for intellectual property infringement or misappropriation, depending on the specific circumstances and the type of intellectual property involved. Whether you can sue in federal court... View More
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 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?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 19, 2023
In both federal and California state courts, exhibits can be part of the complaint to help illustrate or support the allegations contained within it. However, it is not customary to attach a large number of exhibits to a complaint; usually, the essential facts are pled in the complaint itself, and... View More
Music studio stole my messages, public instagram & other things. I sued them for copyright infringment. The studio says they will file a notice of dismissal on the grounds that I don't have my personal messages to friends registered with the copyright office. How can I register my personal... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 14, 2023
Under California law, registering personal messages with the Copyright Office is not a standard practice and may not be necessary for pursuing a copyright infringement claim. Personal messages exchanged on Facebook Messenger are generally private communications and may not be subject to copyright... View More
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 10, 2023
Under U.S. copyright law, which applies nationwide including in California, registration of a work with the U.S. Copyright Office is not required to hold a copyright, as copyright attaches as soon as the work is fixed in a tangible medium. However, registration can provide additional legal benefits... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 2, 2023
Creating an app where users can upload their own MP3 files for personal playback is generally not illegal if the files are indeed private and not shared with others. However, you could run into legal issues if your app facilitates the sharing of copyrighted material without proper authorization.... 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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
The brand is called Xiaomi.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 27, 2023
To find the registration and expiration dates of a trademark for the brand "Xiaomi," one would typically search the United States Patent and Trademark Office (USPTO) database. If the trademark is registered, the database will provide details including the registration date. Trademarks in... 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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
my question is if it’s a video do you submit the final edit or do you submit all the footage? For photos do you send the originals or the final edit? Thank you
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 15, 2023
When submitting materials for copyright registration, for videos, you generally submit the final edited version rather than all the raw footage. Similarly, for photos, you would submit the final edited versions rather than the original raw images. It's important to ensure that the submitted... View More
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.
