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2 Answers | Asked in Copyright and Intellectual Property for New Jersey on
Q: A university copied a course that I made and offering online to hundreds of students. How do I sue for copyright breach?

I am a university professor. I created a graduate course that I grew over time and it became very popular attracting 200+ students. I then had to take medical leave. After returning I have discovered that the university has made an online version of my course and are offering it to hundreds of... View More

Emmanuel Coffy
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answered on Feb 18, 2024

Suing for copyright infringement involves several steps and considerations, especially in the context of academic work and the agreements that might exist between faculty members and their institutions. Before proceeding, it's crucial to understand the specific circumstances of your case,... View More

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2 Answers | Asked in Copyright, Intellectual Property and Trademark for California on
Q: I like to make Selfiequeen as trade mark. What is the process. I know someone else made Selfie Queen as trade mark.

How much will it cost

Felicia Altman
Felicia Altman
answered on Feb 10, 2024

Filing a trademark can vary in cost depending if you are filing an in-use or intent-to-use application. A standard in-use application costs approximately $250 for a TEAS Plus application and $350 for a regular trademark application. It is best practice to have a trademark attorney conduct a USPTO... View More

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2 Answers | Asked in Copyright and Intellectual Property for California on
Q: Is there any copyright infringement for summarization of newsletter texts with AI tools?

I’m working on a startup idea that focuses on summarizing specialized newsletters content and send it to them via email. In the summary, there will be link to the newsletter full content.

T. Augustus Claus
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answered on Feb 7, 2024

In California, using AI tools to summarize the content of specialized newsletters and then redistributing those summaries could potentially raise copyright infringement concerns, especially if the summaries are distributed without the original copyright holders' permission. Copyright law... View More

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1 Answer | Asked in Copyright, Intellectual Property and Trademark for Wisconsin on
Q: Can I make and sell something that says Dirty Hands Clean Money, or is that illegal?
James L. Arrasmith
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answered on Feb 5, 2024

Under California law, the phrase "Dirty Hands Clean Money" is not inherently illegal. However, whether you can make and sell products with this phrase depends on the specific context and use. If the phrase is used in a way that implies illegal or unethical activities, it could potentially... View More

1 Answer | Asked in Copyright and Intellectual Property for New York on
Q: Is it legal to make an AI generating pictures app based on description from other ai engine that a user enters the url?

For example: a user get in to my app and tells me he wants to generate a picture like a listing on Airbnb (probably copyrighted), so he enters the url to the specific listing, I transfer the url to an ai engine that can describe pictures in details, I use ONLY the description that the engine gave... View More

James L. Arrasmith
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answered on Feb 4, 2024

Creating an AI-generated picture app based on descriptions from another AI engine that a user enters through a URL can potentially raise legal issues related to copyright and intellectual property. While the generated image may not be a direct copy of the original picture, it could still be... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Florida on
Q: I make wood cut maps, can I use the name of a University in a map, no logos just the name
James L. Arrasmith
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answered on Feb 4, 2024

Using the name of a university on a woodcut map can potentially raise trademark and intellectual property concerns. While you're not using logos, universities often have trademark protection for their names to prevent unauthorized use for commercial purposes. Whether you can use the name... View More

1 Answer | Asked in Copyright and Intellectual Property for Pennsylvania on
Q: What is the legal precedent for using part of a song lyric in a book title?

I am working on a book and would like to use a portion of one of my favorite artist's song lyrics in my book title because it fits the subject of the book (this phrase is only between three and five words and is not the title of the artist's song, album, nor is it a complete lyric from... View More

James L. Arrasmith
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answered on Feb 4, 2024

Using a portion of a song lyric in your book title can raise copyright and intellectual property concerns. When you want to incorporate someone else's copyrighted work into your own, you may need permission from the copyright holder, usually the songwriter or their publishing company. This is... View More

Q: What are the implications of operationalizing the US patent in a different country?

I can't find an interested and reliable party in US to act as 1) investors 2) manufacturers 3) medical administrators

However, I might be able find all this partnership in a different country.

What should be done from the legal stand point to:

1) protect this invention... View More

James L. Arrasmith
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answered on Feb 4, 2024

To protect your invention, which is patented in the United States, when operationalizing it in another country, it's important to secure patent protection in those specific countries where you intend to manufacture, sell, or otherwise commercialize your invention. Patents are territorial,... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark on
Q: I own a construction company and I came across another local construction company who has copied my brand entirely.

This other company operates in the same city, offering the same services and they have very closely replicated my logo using same colour scheme, font, layout and symbol over the writing. They copied the style of website I designed, same colours, layout, they paraphrased all the captions and they... View More

James L. Arrasmith
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answered on Feb 4, 2024

Given the situation you've described, where another local construction company has copied your brand identity to a degree that causes trademark confusion, you have grounds to take legal action for trademark infringement and copyright violation. The first step is to document all instances of... View More

2 Answers | Asked in Copyright and Intellectual Property on
Q: If I take a photo of a famous person as ref. and make a realistic portrait and post it online do I brake copyright laws?

Basicaly I would take a photo as a reference and make a very realistic portrait out of it. Later I would post it on Instagram as one of my works. I am interested is it enough just do mention name of the person who made photo? I don't have intention to sell coppies of that work. In other words,... View More

T. Augustus Claus
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answered on Feb 2, 2024

Using a photo of a famous person as a reference to create a realistic portrait and then posting it online raises copyright concerns. While you may have created an original work based on the photo, the underlying photograph itself is likely protected by copyright law. In this scenario, simply... View More

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2 Answers | Asked in Copyright and Intellectual Property on
Q: If I take a photo of a famous person as ref. and make a realistic portrait and post it online do I brake copyright laws?

Basicaly I would take a photo as a reference and make a very realistic portrait out of it. Later I would post it on Instagram as one of my works. I am interested is it enough just do mention name of the person who made photo? I don't have intention to sell coppies of that work. In other words,... View More

James L. Arrasmith
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answered on Feb 4, 2024

Creating a realistic portrait based on a photo of a famous person and posting it online could potentially raise copyright and intellectual property concerns. While you may have created the portrait as your original work of art, the photo you used as a reference is likely copyrighted by the... View More

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2 Answers | Asked in Copyright and Intellectual Property for Pennsylvania on
Q: Can I use TV show audio clips on my podcast?

We will be discussing different true crime cases and breaking down true crime show episodes. Are we able to use short audio clips from the show we are discussing?

James L. Arrasmith
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answered on Feb 4, 2024

Using TV show audio clips on your podcast, especially for the purpose of discussing and analyzing true crime cases, can potentially raise copyright issues. TV show audio clips are usually protected by copyright, and using them without permission could infringe on the copyright holder's rights.... View More

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2 Answers | Asked in Copyright and Intellectual Property for Pennsylvania on
Q: Can I use TV show audio clips on my podcast?

We will be discussing different true crime cases and breaking down true crime show episodes. Are we able to use short audio clips from the show we are discussing?

Simone Nisbett
Simone Nisbett
answered on Feb 2, 2024

It is always best to obtain rights clearance/permission to use the works of others, including audio/video clips, especially if you’ll be generating any for-profit revenue. Commercial endeavors are typically less likely to be treated as fair use. However, you may have the benefit of claiming fair... View More

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1 Answer | Asked in Copyright, Entertainment / Sports, Gaming, Trademark and Intellectual Property for Florida on
Q: can I use an unrecognizable video game character to hit a block similar to Mario Bros?

On my website I'd like to have an unrecognizable character jump up and strike a block having an item come out of the block. The motion would be similar to the Mario bros. Would this create any copyright issues with Nintendo?

James L. Arrasmith
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answered on Feb 1, 2024

Using an unrecognizable character in a video game-like scenario, where the character jumps and hits a block to release an item, may still raise potential copyright issues with Nintendo or other video game companies. While the character itself may not be recognizable as a specific copyrighted... View More

1 Answer | Asked in Copyright, Business Law, Trademark and Intellectual Property for New York on
Q: Is it legally allowed to sell goods such as clothing items with the phrase "Spidey sense" on them?

Those clothing items do not include anything else that might be related to "spider-man". the clothing items only have the phrase "Spidey sense" and graffiti designs that are free to use on them.

James L. Arrasmith
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answered on Feb 1, 2024

Selling clothing items with the phrase "Spidey sense" on them may potentially raise legal issues related to trademark and copyright. "Spidey sense" is a term associated with the fictional character Spider-Man, a trademarked and copyrighted character owned by Marvel Comics, which... View More

1 Answer | Asked in Copyright and Intellectual Property for Massachusetts on
Q: If I have the literary copyright for bla bla, could I use bla bla for a different copyright?

I want to use the name across multiple copyrights. Am I allowed to do that?

James L. Arrasmith
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answered on Feb 1, 2024

If you hold a literary copyright for a specific work, such as a book, article, or other creative content identified as "bla bla," it generally pertains to that particular work and its use. Copyright protection is specific to the creative expression contained within that work and the... View More

1 Answer | Asked in Contracts, Copyright and Intellectual Property for California on
Q: I need help sub-licensing the media rights from my athletic career from 2001-2007 when I competed and became a champion

1st competed in licensed boxing (WBO, WBC, & IBF), then competed in kickboxing (K-tournament), then set record in NBA summer leauge (Lakers - 120 points), also competed in NFL as a saftey (Raiders). I filed a copyright of a written recollection of this time and am waiting for return correspondence.

James L. Arrasmith
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answered on Jan 31, 2024

To sub-license the media rights from your athletic career, it's essential to first understand the ownership and control of these rights. For your time in licensed boxing (WBO, WBC, & IBF), kickboxing (K-tournament), the NBA Summer League with the Lakers, and the NFL with the Raiders, the... View More

1 Answer | Asked in Copyright and Intellectual Property for Alabama on
Q: Difference between "save image as" an artistic work vs non-artistic work like a photo of a family member?

Fair use allows saving an image that isn't artistic but it doesn't allow an artistic work to be copied without it being infringement. Is it the context of the artistic element that makes it ok to screenshot Google Street View imagery for private use offline, but not ok to "save image... View More

James L. Arrasmith
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answered on Jan 31, 2024

The key difference between saving an image of an artistic work and a non-artistic work, like a family photo, lies in the concept of copyright and fair use. Artistic works are typically protected by copyright, which gives the creator exclusive rights to reproduce, distribute, and display their work.... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Alabama on
Q: Fair use or copyright infringement? Can something that is an infringement in copyright or IP law also be fair use?

Examples:

1. I draw a fan art of a car with a company logo on the front from a photograph without permission.

2. I draw a fan art without permission of a character.

3. I right click a copyrighted image from Google Images, Bing Images, or a website, etc. and click "save... View More

James L. Arrasmith
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answered on Jan 30, 2024

Determining fair use versus copyright infringement can be complex, but some general principles apply:

1. Using a company's logo in fan art without permission is generally trademark infringement, not fair use. Trademarks identify the source of goods/services, so using them suggests...
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1 Answer | Asked in Copyright and Intellectual Property for Alabama on
Q: Fair use covers saving a website offline or copy and pasting the content into my notes verbatim for later studying?

Archiving these into my personal storage without sharing is also considered fair use then? Incidental sharing means sharing only to one or a small number of people?

James L. Arrasmith
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answered on Jan 30, 2024

In the United States, fair use is a legal doctrine that allows for the limited use of copyrighted materials without the permission of the copyright holder. Saving a website offline or copying and pasting its content verbatim into your personal notes for later studying may potentially be considered... View More

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