I'm a real estate photographer and the normal agreement I have with my clients is to grant them license to use the photos for purposes of marketing the property but I still own the copyright to all my photos. A client just contacted me to say that their company is now requiring photographers... Read more »
answered on Mar 1, 2022
A photo can be a "work for hire" if you agree in writing that it is, even if you are an independent contractor not an employee.
If you have any bargaining power, you could add a provision that you have permission to use the photos as examples in marketing your photographic... Read more »
answered on May 26, 2021
You need to consult with an attorney.
Did you ever have any contract?
Video- game for commercial use, Environment creation.
answered on Sep 29, 2020
This is a tough area of U.S. trademark law, and courts have different views on scope of trademark protection for buildings. On the one hand, rights-holders do have the right to exclude others from using the building images in commerce in a way that denotes "designation of origin" or has a... Read more »
I am a digital artist and want to create some portrait digital art from an Associated Press photo of president Trump.
I asked AP to see if it is ok to use their photo. Also, even if AP says it is ok to use it, will there still be legal issues to use a portrait of president Trump in my art?
answered on Jun 26, 2020
If you are making another piece of artwork from an existing photograph, be aware of the idea of derivative works. The owner of a work has the exclusive right to make derivative works of their work. A derivative work is an adaptation of the first work, or also considered “based on” the first... Read more »
I have been writing poetry inspired by a television show and I'm interested in potentially publishing them in a book. I have not used any characters' names but some poems are based on plots or perceptions within the show. I intend to use original artwork and the poems are original.... Read more »
answered on Apr 19, 2020
Your question poses an interesting issue concerning the relationship between copyright rights and "fair use", which is a defense that can be raised to the claim of copyright infringement. Your poetry, even if inspired by the TV show, could be viewed as a "transformative" use of... Read more »
I just wanna read to the Internet in this time of coronavirus. The books are on my shelf, I own them.
answered on Apr 7, 2020
To be on the safe side I would read from a book that’s out of copyright protection which is roughly 2 lifetimes. Other than that you’re probably technically infringing on the Writers Copyright. There are many exemptions for example research, education, parody etc. I think reading an entire... Read more »
Would I need a commercial license? And would a commercial license give me full property? is there a way to get full property?
answered on Feb 22, 2020
The work likely doesn't fit under the definition of work for hire if they were an independent contractor. Depending on the circumstances, you would need a transfer or assignment of the copyright from the artist to you. Feel free to email me at tania.williams@williamsfirmpa.com if you would... Read more »
I have written a fictional manuscript and used that anecdote. A depressed character muses he wishes he felt alive. Since that show Springsteen has used the line “Is there anyone alive out there” in the song “Radio Nowhere.” Can I use the phrase or would that be a copyright infringement?
answered on Jan 21, 2020
I would imagine that the phrase is not copyrighted or trademarked and if there was a concern, you could likely say that it was under the “fair use” exception, seeing how it is short and not very original. I used to do standup comedy in NYC and often called out something similar. I would not worry.
actually being said is kill,kill,kill...ma,ma,ma.Now if I recorded my voice on beat saying ch,ch,ch...ha,ha,ha...to sound like the original kill,kill,kill...ma,ma,ma.Do I need to get sample clearance to use it?
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