Copyright Questions & Answers

Q: Could I sue someone for using a logo that's part of my religion

1 Answer | Asked in Copyright, Civil Rights and Native American Law for Illinois on
Answered on Oct 21, 2018
Gary Kollin's answer
You can sue for anything. Whether it will be a viable suit or have any legal merit is another thing.

Sounds like you want to sue the Washington Redskins. Read (google) all the articles. Do you think there is a reason no one else is suing?

Q: how can I find out if Gibson still has a patent on a GA-79RVT guitar amplifier made in 1961

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Tennessee on
Answered on Oct 17, 2018
Kevin Flynn's answer
It would be highly unusual for something that came out in 1961 to still have a patent as patent term back then was 17 years from issue. However, if for some reason they battled for decades to get a patent out, then a patent application filed back then could come out tomorrow and have a term of 17 years. These are known as submarine patents as they stay submerged in the patent office for many years.

I would bet this is not the case. But to check -- you can do two things. One is to...

Q: Im one of the defendents, I have literally no idea about this..

1 Answer | Asked in Copyright and Civil Litigation for Florida on
Answered on Oct 14, 2018
Terrence H Thorgaard's answer
What makes you think it's NOT a scam? From what little information you give, it looks like it's probably a scam.

Q: What more can I do with this Patent? Everyone is so impressed with this idea and really believes in it.

2 Answers | Asked in Copyright, Intellectual Property, Patents (Intellectual Property) and Consumer Law on
Answered on Oct 5, 2018
Andrew Zulieve Esq's answer
You might also consider approaching beverage manufacturers, although I would be cautious about that and obtain the advice and assistance of an intellectual property attorney before doing so.

Q: How do I deal with a Trademark infringement accusation ?

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Missouri on
Answered on Oct 5, 2018
Andrew Zulieve Esq's answer
Go onto the U.S. Trademark Office website and access the Trademark Electronic Search System (TESS). Enter the search term "HARRY POTTER" in the basic word search option. This search will yield 52 live "Harry Potter" trademark registrations and three pending "Harry Potter" trademark applications to register these marks. I am quite certain that the HARRY POTTER marks would be considered famous and given a very wide swath of protection against unauthorized uses. Moreover, Warner Brothers has...

Q: If I were to make an app/webpage that used the left and right swipe method could I be sued?

1 Answer | Asked in Copyright and Patents (Intellectual Property) for Illinois on
Answered on Oct 3, 2018
Kevin Flynn's answer
Your question is a patent question not a copyright question. What you are asking is whether there is any patent where you plan to operate that would cover left and right swipe. This is known as a freedom-to-operate question. In other words do you have freedom to operate as you plan or is there someone with patent rights that could sue you if you acted in this way. See https://www.flynniplaw.com/services/legal-services/freedom-to-operate/opinions

This is a serious question and...

Q: wondering if an oral contract is still legally binding in Idaho as of today, everything I'm finding online is outdated

2 Answers | Asked in Contracts, Copyright and Business Formation for Idaho on
Answered on Oct 2, 2018
Kevin M Rogers' answer
An oral contract is legally binding with any kind of contract with one exception - the sale or purchase of real property.

Q: If I accidentally post a copyrighted image on Facebook, will trolls be able to sue me?

1 Answer | Asked in Copyright for Florida on
Answered on Oct 1, 2018
Jason Brooks' answer
It depends on the use -- if you're just posting an image on your general timeline for fun, then you shouldn't have any issue. BUT, if you have are using the image for commercial purposes, for example, on a business Page, or in connection with some kind of branded advertisement or other use in which you are making ultimately deriving money or another benefit, then yes the copyright owner will have a legitimate legal claim against you.

Q: How can I get authorization regarding Pub.No.:US2014/0096788A1. Hair Ties by noam Krasniansky

1 Answer | Asked in Copyright and Business Law on
Answered on Oct 1, 2018
Peter D. Mlynek's answer
You are in luck. The patent application to Hair Ties has been abandoned over 3 years ago. You should be able to copy anything in that publication (provided that there are no other patents by other people).

Good luck with your business!

Q: Company is reselling my software I created can I do anything about it?

1 Answer | Asked in Business Law, Contracts and Copyright on
Answered on Sep 28, 2018
Will Blackton's answer
You need to speak with an attorney licensed in your state who deals with intellectual property issues for more insight into your specific situation, but I can describe the legal principles in play here generally:

Absent a written agreement addressing work for hire, you cannot stop your employer from using work produced within the scope of your employment, nor are you entitled to any additional payment.

Many employees write blog posts, take pictures, write instructions or...

Q: Can I register my new business name as an LLC if it's different from an incorporated company's name by only one letter?

1 Answer | Asked in Copyright, Business Formation and Trademark for North Carolina on
Answered on Sep 28, 2018
Will Blackton's answer
Your question can be answered a few ways:

Will the North Carolina Secretary of State accept your LLC's articles of organization if the name differs by only one letter from another entity also registered in North Carolina? Yes, the NC Secretary of State will permit registration so long as the /exact/ legal name is not already taken by another entity registered to do business in NC, which includes consideration of capitalization, spacing, and punctuation.

Will the trademark...

Q: If I wasn't a citizen of the US and I wanted to sell eBooks to my university, could I?

1 Answer | Asked in Copyright and Intellectual Property on
Answered on Sep 25, 2018
Peter D. Mlynek's answer
If you own the rights to the eBooks, then yes, you could sell them to whoever you wanted. Your citizenship is not relevant.

Q: I'm starting a new brewery with friends, and we want to know how soon we need to copyright our products?

1 Answer | Asked in Copyright for Tennessee on
Answered on Sep 25, 2018
Peter D. Mlynek's answer
Congratulations on your new venture! I hope that it is a great success.

You can start to protect your intellectual property right away. The most important for you will likely be trademarking your product names, logos, etc. You can file for federal registrations before you ship your first bottle, or you can do it after you've been in business for years, or anywhere between there. There are, of course, business reasons why you'd want to do it earlier or later.

If you invented...

Q: Is there any way I can legally allow other persons to view an eBook I've bought?

1 Answer | Asked in Copyright and Intellectual Property on
Answered on Sep 24, 2018
Jason Brooks' answer
By law, not really, unless you’re using a service -- like Amazon’s share for Kindle books --which allows you to share ebooks you buy once.

eBooks are licensed, not sold, which means that ebook stores get to control what rights you have with the books. Even if the books are DRM-free, “lending” them to someone necessarily involves making a copy of the ebook—a violation of copyright law. Accordingly, the only way to legally share an ebook with another person would be to...

Q: If I wanted to build a website where person's can view eBooks for a small fee would that be copyright infringement?

2 Answers | Asked in Copyright and Intellectual Property on
Answered on Sep 24, 2018
Peter D. Mlynek's answer
That sounds like copyright infringement.

Go see a lawyer before you release this website.

Q: I have a case against someone threatening to distribute my photos that I sent him. does he have the right to do so?

1 Answer | Asked in Copyright, Criminal Law, Domestic Violence and Internet Law on
Answered on Sep 23, 2018
Gary Kollin's answer
If you want an attorney, you will need to hire one.

When did your counselor get a law degree to be able to provide legal opinions?

If you are concerned start learning the correct terminology.

It is is cooperating and not collaborating

Q: I have designed a few t-shirt designs with specific words on them in addition to the design. will a copywrite protect?

1 Answer | Asked in Copyright and Trademark for Arizona on
Answered on Sep 23, 2018
T. J. Jesky's answer
Copyright protects original works of authorship, whereas a trademark protects words, phrases, symbols, or designs identifying the source of the goods or services of one party and distinguishing them from those of others.

If you haven't done so, you should register your copyright with the federal copyright office. However, in your case, it sounds that since your plan to commercialize these products (design), you should register the t-shirts as a trademark. You can do so by following...

Q: How would I go about obtaining ownership of this trademark?

2 Answers | Asked in Consumer Law, Contracts, Copyright and Gaming for California on
Answered on Sep 19, 2018
Timur Akpinar's answer
If you're looking for input from a trademark attorney, the question might be more likely to be picked up by posting it in the Trademark section.

Q: Is it legal to consult a textbook when writing a script for a monetized YouTube video?

1 Answer | Asked in Copyright and Intellectual Property for New York on
Answered on Sep 18, 2018
Peter D. Mlynek's answer
It is OK. Based on what you wrote, there should be no problem.

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