Get free answers to your Copyright legal questions from lawyers in your area.
Star Wars , a Harry Potter and other trademarked characters or brands used to make a baby shower gifts I sell. I want to make sure I don’t get sued or violate any trademark, copyrights, etc
answered on Apr 10, 2020
You can always be sued.
Most big companies decide not to go after small guys, specially if it is in the fan realm like in Comicon.
You do not have zero risk, you are at the mercy of what the owners want to do.
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... View More
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."
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... View More
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... View More
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:... View More
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... View More
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... View More
It is written in Spanish.
answered on May 4, 2018
https://www.copyright.gov/registration/literary-works/index.html
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.... View More
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.
Copyright material would include a brief video clip, a painting or a photo image.
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... View More
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... View More
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... View More
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.
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.
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.
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
answered on Jun 15, 2017
You can check the USPTO website. Be aware that the PTO may not list all pending patents.
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.... View More
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).... View More
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.
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.
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... View More
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... View More
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... View More
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... View More
even tho I have the full ownership now,What Should or could I do?
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... View More
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.
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:... 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.