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Colorado Copyright Questions & Answers

1 Answer | Asked in Consumer Law, Contracts, Copyright and Employment Law for Colorado on

Q: Hello, I want to know if I can create an app that gives people dating advice & helps them update their profiles?

I was wondering if it’s illegal to create an app that gives people dating advice, as well as help people get their online profiles up to date and make them more presentable for the type of person that they’re looking for. I would state that I’m not a therapist or anything like that. But was... Read more »

Bruce Alexander Minnick answered on Apr 18, 2019

If you undertake this plan without having the input of at least two lawyers you will probably regret it. This situation is one that brings to mind the ancient warning: "If it looks too good to be true, it probably isn't."

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Colorado on

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

Kevin E. Flynn answered on Jun 17, 2018

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...
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1 Answer | Asked in Copyright for Colorado on

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

Could I tape off / guard entry access to a small apartment courtyard (outside), keeping volume below 'coherent & audible' levels to the sidewalk to watch a DVD that I own (non-public-license), not well-viewable from sidewalk, if I invite a few neighbors & friends (10 max) verbally (no advertisement... Read more »

John Espinosa answered on May 7, 2018

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:... Read more »

2 Answers | Asked in Copyright and Intellectual Property for Colorado on

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

hello i just wanted to clarify for someone about stealing and they wont listen to my and i need your help!

Theres a business going on where this account sells character for money, but there is a problem!

Their rules arent right, they're forcing people to agree to the rules before... Read more »

John Espinosa answered on May 5, 2018

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... Read more »

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2 Answers | Asked in Copyright for Colorado on

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

It is written in Spanish.

John Espinosa answered on May 4, 2018

https://www.copyright.gov/registration/literary-works/index.html

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1 Answer | Asked in Copyright and Intellectual Property for Colorado on

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

I just finished my first draft. To compose the climax of the story I used one of my favorite songs as an outline, as it fit perfectly with my tale. I did not use exact lyrics at all, and significantly expanded the story of the song. The narrative flow and sequence of events is the same, however.... Read more »

Benton R Patterson III answered on Apr 23, 2018

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.

1 Answer | Asked in Copyright for Colorado on

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

Copyright material would include a brief video clip, a painting or a photo image.

Benton R Patterson III answered on Mar 27, 2018

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... Read more »

1 Answer | Asked in Trademark and Copyright for Colorado on

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

I started writing freelance for a company that paid $50/article through paypal. However, I never signed any contract stating copyright laws or even a contract saying they would continue to pay me. It was all through email and phone calls. Because I didn't sign a contract, I'd like to reuse the... Read more »

Benton R Patterson III answered on Jan 12, 2018

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... Read more »

1 Answer | Asked in Copyright for Colorado on

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?

Will Blackton answered on Dec 8, 2017

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.

1 Answer | Asked in Copyright and Intellectual Property for Colorado on

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

Received a letter from their lawyer asking to settle and warning me not to delete anything on my computer. Last month he filed voluntarily dismissal without prejudice.

Benton R Patterson III answered on Nov 15, 2017

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.

2 Answers | Asked in Copyright and Patents (Intellectual Property) for Colorado on

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

The website is vague but says it has a US patent. I have a slimier design but need to be sure im not violating any patent laws

Tristan Kenyon Schultz answered on Jun 15, 2017

You can check the USPTO website. Be aware that the PTO may not list all pending patents.

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1 Answer | Asked in Copyright and Intellectual Property for Colorado on

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

My concern is that even though they're in the public domain, they are still published today using the same basic format and design. Can I legally reproduce the old versions? The Farmers Almanac website acts is if they own all of them in perpetuity.... Read more »

Tristan Kenyon Schultz answered on Apr 29, 2017

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).... Read more »

1 Answer | Asked in Copyright and Intellectual Property for Colorado on

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

I have a contract with them that states they may republish "as mutually agreed upon from time to time, as evidenced by an email." I have never once been consulted about them republishing my work. Otherwise, I would have said no, or asked for more money.

Tristan Kenyon Schultz answered on Apr 4, 2017

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.

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Colorado on

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

Tristan Kenyon Schultz answered on Jan 11, 2017

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... Read more »

1 Answer | Asked in Copyright, Workers' Compensation, Business Law and Internet Law for Colorado on

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?

I want to pay this young artist for work for video production (logos, etc.) because they are incredibly good. He turns 16 in January, but in order to protect myself I'm just curious if it would be legal to pay him commission as agreed on both sides for the artwork. His parents are okay with it and... Read more »

Tristan Kenyon Schultz answered on Jan 9, 2017

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... Read more »

1 Answer | Asked in Copyright and Intellectual Property for Colorado on

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

Tristan Kenyon Schultz answered on Dec 22, 2016

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... Read more »

1 Answer | Asked in Copyright for Colorado on

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

even tho I have the full ownership now,What Should or could I do?

Tristan Kenyon Schultz answered on Dec 14, 2016

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... Read more »

1 Answer | Asked in Copyright and Trademark for Colorado on

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

I am self publishing through Kindle Direct, and do not want to break any copyright laws. I have heard of a company called Damsel in Defense, but wasn't sure if I could still use the terminology for my title.

Tristan Kenyon Schultz answered on Aug 13, 2016

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:... Read more »

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