Colorado Copyright Questions & Answers

Q: How do u find out if someone has a patent on a wooded kite?

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Colorado on
Answered on Jun 17, 2018
Kevin E. Flynn's answer
The only way to know is to search. Even if you search you may have some small risk that a patent application is ahead of you in the pipeline but is not visible yet. However, searching is the commercially reasonable way to reduce your risk of running into a problem.

One strategy is to limit what you do to things in expired patents. That won't work for high tech but for some products where a solution from 20 years ago may be commercially viable today, that is safety. No one should be...

Q: Colorado private property courtyard movie legal if limited audio dist, video <, access, few invited friends & neighbors?

1 Answer | Asked in Copyright for Colorado on
Answered on May 7, 2018
John Espinosa's answer
Copyright law allows viewing of your DVD with family and a close circle of friends in a private setting, as long as they are not being charged for the viewing. Your proposal may or may not fit into that. Your choice to take the risk or not. Here is a helpful resource: https://www.mplc.org/page/about-copyright-law

Q: Is taking back someones property because they haven't used it in months, without refunding legal?

2 Answers | Asked in Copyright and Intellectual Property for Colorado on
Answered on May 5, 2018
John Espinosa's answer
The key here is whether the item in question is tangible or intangible. If it is tangible, like a book, painting, or the table in your example, then they can't restrict your right to that particular tangible item when they sell that item to you. However, if it is intangible like the rights to use a character, then you merely have a license to use the copyright which can be restricted and revoked by the owner. Here is a helpful resource that explains the difference:...

Q: How can I register my novel? I live in Colorado.

2 Answers | Asked in Copyright for Colorado on
Answered on May 4, 2018
John Espinosa's answer
https://www.copyright.gov/registration/literary-works/index.html

Q: What kind of Permission do I need to use a song as the outline of my novel?

1 Answer | Asked in Copyright and Intellectual Property for Colorado on
Answered on Apr 23, 2018
Benton R Patterson III's answer
An attorney would need to review the song and the story to determine if one infringes the other. If so, you would need a license to create derivative works.

Q: Can a church aka non-profit use copyright material under the Fair Use Act? I'm getting mixed answers.

1 Answer | Asked in Copyright for Colorado on
Answered on Mar 27, 2018
Benton R Patterson III's answer
It depends on how much of the content is used, the context of the use, and the original work. A copyright attorney would need to review your proposed work and the original work to determine if the new work is protected by fair use. Nonprofits are not automatically exempt from copyright infringement.

Q: I'd like to reuse my published freelance articles for another site. Can I do that or is it plagiarism?

1 Answer | Asked in Trademark and Copyright for Colorado on
Answered on Jan 12, 2018
Benton R Patterson III's answer
If you truly have no agreement with them covering the terms of your work, its fine to use your articles for different purposes. Before selling the articles, be sure that there are no terms restricting your rights. There may be a terms of use page or online agreement that you agreed to by submitted articles or accepting payment. Going forward as a freelance writer, it would be best to get publishers to sign a contract indicating that you do own the copyright to your work. An intellectual...

Q: I want to upload my original paid for copy of a digital book to my website and allow others to only view it.Is this ok?

1 Answer | Asked in Copyright for Colorado on
Answered on Dec 8, 2017
Will Blackton's answer
If you're the author of the book and have retained all intellectual property interests in the writing, that's okay. If someone else is the author and you don't have a license to reproduce and display the book for that purpose, that's not okay.

Q: Copyright troll lawsuit was voluntarily dismissed without prejudice. Can I start deleting files off my hard drive now?

1 Answer | Asked in Copyright and Intellectual Property for Colorado on
Answered on Nov 15, 2017
Benton R Patterson III's answer
Probably so, but it would be best have an attorney review what you received from the copyright owner's attorney. A dismissal without prejudice means that the suit may be filed again.

Q: I'm looking for the "Potty Rider" patent

2 Answers | Asked in Copyright and Patents (Intellectual Property) for Colorado on
Answered on Jun 15, 2017
Tristan Kenyon Schultz's answer
You can check the USPTO website. Be aware that the PTO may not list all pending patents.

Q: I have a collection of Old Farmer's Almanacs from the mid to late 1800s and I'm interested in selling reproductions.

1 Answer | Asked in Copyright and Intellectual Property for Colorado on
Answered on Apr 29, 2017
Tristan Kenyon Schultz's answer
There are other intellectual property rights involved here. These include trademark, trade name, trade dress, and potentially general unfair competition claims. All of these claims have no expiration date in which they become public domain (a concept that only applies to copyrights and patents).

If you intend to create and sell reproductions you should contact (and pay for) an attorney to review the intended use. Also be aware that even if you ultimately have a legitimate use, an...

Q: I am photo blogger. Is it legal for the company to keep republishing my work without my consent or additional pay?

1 Answer | Asked in Copyright and Intellectual Property for Colorado on
Answered on Apr 4, 2017
Tristan Kenyon Schultz's answer
As a copyright holder you have the right to restrict republishing. The contract you signed may have impacted this right.

You will need to contact a lawyer directly to review the contract and the unauthorized use.

Q: Can I use trademark Masha and the Bear to name my cafe?

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Colorado on
Answered on Jan 11, 2017
Tristan Kenyon Schultz's answer
Contact an intellectual property lawyer for all the details. If you do not own the trademark and the name (and/or image is registered as active), the use of the mark is possible, but you must be careful (and be aware that you may receive a cease and desist letter). For trademarks the issue is brand confusion, so part of the legality of the mark's use related to the pre-existing use. If there is an overlap in type of use and the name is registered federally or in Colorado, you likely cannot use...

Q: I live in the state of CO, and person 2 lives in CA. Person 2 is 15 years old. Is it illegal to commission art from him?

1 Answer | Asked in Copyright, Workers' Compensation, Business Law and Internet Law for Colorado on
Answered on Jan 9, 2017
Tristan Kenyon Schultz's answer
There is nothing illegal with employing a minor provided that the employment stays within the limits of state labor laws (mostly related to hours working and ending at a certain time in the evening). If you are commissioning artwork it is likely that this employment does not run afoul with any state labor law. The other issue relates to the fact that an un-emancipated minor is generally not legally bound by the terms of a contract. If the contract includes the parents you may have greater...

Q: Can I make and market a food product from a published cookbook?

1 Answer | Asked in Copyright and Intellectual Property for Colorado on
Answered on Dec 22, 2016
Tristan Kenyon Schultz's answer
Without directly reviewing the exact intended use and all surrounding situations, I cannot make a full assessment, but I can provide general guidance. Cookbooks are unusual copyright materials because large portions of the book are uncopyrightable. Specifically the list of ingredients and general instructions (note: literal copying of wording in the instructions is a copyright violation) are not copyrightable. The introductions and any other material is usually copyrightable. In short, cooking...

Q: I purchased a beat exclusively from a producer, And he will not remove it offline

1 Answer | Asked in Copyright for Colorado on
Answered on Dec 14, 2016
Tristan Kenyon Schultz's answer
Assuming you have a valid contract and valid contractually assignment of licensed copyright, you can bring (or threaten to bring) suit for either or both copyright violations or contractual breach. A lawyer would need to review the copyright assignment agreement to see what rights were transferred and seller's obligations. While a cease and desist letter is a viable option, it is recommended that you contact a lawyer to draft the letter (there are legal pitfalls for the unwary in C&D...

Q: I'm writing a book, and want to title it Damsel in Defense. How can I find out if this term is trademarked?

1 Answer | Asked in Copyright and Trademark for Colorado on
Answered on Aug 13, 2016
Tristan Kenyon Schultz's answer
Copyright and trademarks are two different types of intellectual property protection vehicles. Copyrights cover the text (and any images) of the book, while trademarks cover the title and some brand-related images/designs. Here is the link to the USPTO for a trademark search: https://www.uspto.gov/trademark . There is no copyright search engine available, but the biggest test is did you independently create all the images and text of the book (note photoshoping or paraphrasing may not qualify...

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