This is regarding a litigation I would like to bring to light in Ohio. Its very specifically plagiarism and the plagiarist has even used my penname. There are many specific parts of this that make it very difficult, one being I was a minor aged 13 when I wrote it and the law says I have no right to... Read more »
It’s technically infringement because copyright protection begins when you put pen to paper. However, you must prove that you created the work in the first place. That might be tough to do in your predicament. Always a good idea to register your works with the copyright office, and always use an...Read more »
Hello I have gotten into 3d printing/modeling and was wondering if whether what I am potentially doing is copyright violation or not. So I was 3d modeling items from my favorite nintendo games then I was going to 3d print them. So I know that if I sell the crown online that is stealing intellectual... Read more »
If you’re reproducing someone’s protected work it’s infringement. There may be a fair use defense (check out the Andy Warhol cases) but it’s a defense meaning it is raised if you are sued for that nfringement.
If they have an important word misspelled in a contract it can be void if possible, right?
The Customer acknowledges and agrees that (company) owns all intellectual property rights in the Website and the Services. (Except as expressly stated herein,) the Agreement does not grant the... Read more »
A misspelled word is not going to void the agreement. Courts usually look at the intent of the parties when interpreting contract terms and unless the provision itself is void or voidable for another reason, misspelling a word will not relieve a party of it's duties and responsibilities under the...Read more »
I would highly recommend getting an attorney. You do not have a right to have an attorney appointed in a copyright infringement case, which I'm assuming is why "the judge denied [you] one". An infringement case can be costly in legal fees, but it can also be costly in damages. I would not go it...Read more »
17 USC 110(3) exempts from infringement the display of a work during "the course of services at a place of worship or other religious assembly." My church, and many others, usually sells recordings of that day's message. However, I would caution against that because the sale of the work will not...Read more »
I'm about to purchase a few images and logos for my small start up business online and the seller is a freelancer from overseas I want to make sure the photos or images are not stolen or I think the term is copyrighted by anyone else before I use them online for my business is there a way to do this
If you can save a JPEG of the photo, you can drop it into the Google images search bar and see if there are other images out there like it. Unfortunately, searching the Copyright Office's website is not as user-friendly as the USPTO's website. I can assist you in doing a comprehensive trademark...Read more »
Without checking their registrations, I can't tell you for sure, but there is protection for "sculptural works" even though I don't think that's what this is. It could be infringing their trade dress because the way a product is packaged can be protected. The question really becomes whether you...Read more »
Check the Current Owner(s) Info and Attorney/Correspondence Info tabs on USPTO's TSDR link for the subject trademark. You can either reach out directly or through counsel. Both approaches have advantages.
On vacation in New York I have taken many pictures of buildings like Flatiron Building and Empire Statue Building and artwork like the Statue of Liberty. All pictures is taken from public spaces, where all tourists can go.
Now I want to use these pictures in a book, where I tell about the... Read more »
So the photographs you took are your intellectual property but the building architecture could be protected by copyright. The Flatiron building is a famous landmark but that doesn’t mean it’s not protected. I would suggest contacting a copyright attorney to help you figure out what may be...Read more »
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 firstname.lastname@example.org if you would like...Read more »
So it's very immature, it's about one friend banging another friends mom. It's 52,000 words right now and I intend to make it longer. If my friends mom, who is very uptight, gets a hold of it, could I be sued? What if I don't sell it and just print some copies for me and my friends to read? Could... Read more »
I'm not licensed in Pennsylvania but the likelihood of being sued it would depend on a number of things. First, it would depend on what Pennsylvania's laws are for defamation and right of publicity. If you publish a false statement of fact about a person to another person you could be liable for...Read more »
Copyright would not protect the phrase itself, but it would protect any fixed tangible expression of the phrase (think photos or artwork including the phrase). Trademark could protect the phrase based upon use but you (or an attorney) would have to do a comprehensive trademark search to be able to...Read more »
Characters may be protected by copyright or trademark. Oftentimes, trademark protection can outlast copyright protection and vice versa because they are dependent on different things. I would suggest enlisting the assistance of an IP attorney to make sure you’re not setting yourself up for an...Read more »
Suppose, for example, I choreograph a dance and teach it to a group. But before I take other action, someone from the group makes a video of himself doing or teaching the dance---not claiming to have created it, in fact explicitly giving me credit. The dance is now fixed in tangible form, but not... Read more »
Did you write down the steps to the choreography? If so, you may have fixed tangible expression already. If not, I would suggest putting it into a tangible fixed form as soon as possible and then registering it with the Copyright office. If I can assist you further, please feel free to email me at...Read more »
If you'd like to use "Madhatter Custom PC Mods" for a PC modification business, this likely not an infringing use. Having an IP attorney complete a clearance search for the name being considered is best before you expend resources on commercial projects.
SN:88563312 SN:88559161 make no claim to color, so adding color would not matter in regards to using Tillie. SN:85965641 claims color, but has other design elements. Whether or not you can use a mark warrants an involved discussion. Call the office for a consultation.
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