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Copyright Questions & Answers
2 Answers | Asked in Copyright and Intellectual Property for Washington DC on
Q: If I wanted to protect a product line concept - a series of food themed t shirts for example - what are my best options?

My concern is that once they hit the market the concept could be easily reproduced

Robert Kost
Robert Kost answered on Dec 6, 2021

Your concern is well-founded. There's no protecting the idea of food themed tee shirts or any other kinds of articles.

On the other hand, specific designs or renderings of food pictures may indeed be protect-able. And, you may want to consider giving the shirts a name that could be...
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1 Answer | Asked in Copyright and Intellectual Property for Indiana on
Q: How do I report Grinch /Dr. Suess themed photo shoots for infringing?
Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 3, 2021

Look up the manager of the rights.

2 Answers | Asked in Copyright for New York on
Q: Are you allowed to use photos of other brands product on your website if you are just using it for reference?

This would be to show brands that a service offerings works with, not product it sells.

Robert Kost
Robert Kost answered on Dec 3, 2021

Are you doing the photography, or using someone else's photographs? If the latter, you will probably need permission from the photographer / owner of the photos.

If the former, there *may* be a copyright issue if the product being photographed is itself a graphic work, work of...
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1 Answer | Asked in Copyright and Communications Law for New Jersey on
Q: Is background music copyrighted if Video live feeding a parade to a YouTube channel?

I plan on Live feeding the Mummers Day Parade in Pennsylvania to my Youtube channel. The marching bands play music and there is other background music in the parade. Would those music sources be considered "fair use" for News Reporting of the event?

My channel is mostly outdoor... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Dec 3, 2021

This is not a simple question and it may not be cost-effective to retain counsel. But you need to play it safe and make sure you have written consent to record. Fair use is a complex issue. Your channel is for profit, and unless you have the proper corporate entity for your YouTube channel, you... Read more »

1 Answer | Asked in Copyright for Florida on
Q: I was fished by SMG and paypal was frozened.They said i infringe copyright.How much does it cost to hire a lawyer?

I was fished by SMG and paypal was frozened.They said i infringe copyright.I'm a foreigner and not in US,SMG just send an email to me and no substantive documents were served.Is that legal?And does Florida court have jurisdiction?How much does it cost to hire a lawyer?Can you help me win the case?

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 2, 2021

Do you mean "phished"? If so, you may be correct; it appears to possibly be a scam of some sort. Just because someone sent you an email claiming to be "SMG" doesn't mean that you have actually been sued.

2 Answers | Asked in Trademark and Copyright for Georgia on
Q: What is the cost for trademarking one class service and one mark. This is for a software company.

What is the cost for trademarking one class service and one mark. This is for a software company.

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 1, 2021

You have government costs as well as attorney fees to consider. You should consult with an attorney and get an estimate.

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1 Answer | Asked in Contracts and Copyright for Illinois on
Q: Can the TLC channel display pictures of me or mention my name on a show without my permission?

-I was never interviewed

-I spoke to two people for a few days but never gave permission to be on the show

-I have never been on the news.

Marcos Garciaacosta
Marcos Garciaacosta answered on Nov 30, 2021

Depends.

Did they interview you?

Where you in the news?

For how long is your participation?

1 Answer | Asked in Copyright for Pennsylvania on
Q: I have a copyright on a curriculum I co-authored. I need to create a non-exclusive licensing agreement. What do I do?
Robert Kost
Robert Kost answered on Nov 30, 2021

First, you should consider registering the curriculum with the Copyright Office -- there are a number of benefits to doing so.

A license is a kind of legal contract. You can find forms for non-exclusive licenses to copyrighted works online. But to make sure it serves your specific...
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2 Answers | Asked in Copyright for Pennsylvania on
Q: How do I create a non-exclusive license for my copyright? Do I need to report it to the copyright office?

An organization wants to use the curriculum I co-authored.

Marcos Garciaacosta
Marcos Garciaacosta answered on Nov 30, 2021

You should consider copyrighting your product. Your license is a private contract, unless you are transferring full ownership you should not have to register anything.

Consult with an attorney.

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1 Answer | Asked in Copyright for Georgia on
Q: If I wanted to print off the top of the watch for a cake is that illegal?

I need to print off the top of the watch from Yo-Kia watch fro a cake is that okay

Marcos Garciaacosta
Marcos Garciaacosta answered on Nov 29, 2021

Probably not. You would be using somebody's else creation, copyright, without authorization.

Consult with an attorney.

2 Answers | Asked in Copyright for Florida on
Q: Hi, I’m currently making a collection of NFTs (Non-Fungible Tokens) based on Nike’s popular line of Jordan and dunk.

The NFTs are going to be cartoon recreations /drawings of the Jordan and Dunk silhouettes. I was wondering if publishing and selling these would be legal.

Robert Kost
Robert Kost answered on Nov 29, 2021

I would suggest that the question is not so much whether publishing and selling the NFTs is "legal," but whether Nike can and would assert their legal rights (trademark and copyright rights) against you for doing so. The answer is probably "yes" to both.

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2 Answers | Asked in Copyright, Business Law and Intellectual Property for Texas on
Q: How to prevent theft of a template/its framework for consulting. End result is a customized digital document each time.
Marcos Garciaacosta
Marcos Garciaacosta answered on Nov 28, 2021

You can start by registering the copyright.

Enforcement will be up to you, via civil courts.

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1 Answer | Asked in Copyright on
Q: I want to sell a derivative artwork (audio) and I would like to have authorisation from the copyright owner.

I don't know how to contact the owner: Rick Davies Productions (Supertramp)

Marcos Garciaacosta
Marcos Garciaacosta answered on Nov 28, 2021

You can start googling them.

You can check with the copyright office to see who owns the rights for what you want.

2 Answers | Asked in Copyright and Trademark for Arkansas on
Q: Can Warner Music take down my product listing?

I sell a shirt that says “My Chemical Imbalance” hand drawn in reference to the band, My Chemical Romance. I have looked at their trademark and as far as I can tell, they don’t have the proper trademark to take my listing down unless I am misunderstanding.

Robert Kost
Robert Kost answered on Nov 24, 2021

You might want to consider: "MY CHEMICAL ROMANCE

Goods and Services IC 041. US 100 101 107. G & S: [ ENTERTAINMENT SERVICES IN THE NATURE OF LIVE MUSICAL PERFORMANCES; ] PROVIDING A WEBSITE FEATURING INFORMATION REGARDING [ LIVE PERFORMANCES AND ] MUSIC,...
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1 Answer | Asked in Copyright for Minnesota on
Q: Can someone copy portions of a documentary I produced and use it in their own documentary, claiming fair use?

My production company paid for and filmed a documentary that was then posted on our website and youtube page. Another company has produced their own documentary and has used portions of mine (audio and visual) without permission and are now claiming they are protected under fair use (news... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Nov 23, 2021

Maybe, depends.

Depends on the amount of material they are taking.

You should consult with an attorney.

2 Answers | Asked in Copyright and Trademark on
Q: If I would like to modify the rosary how do I come about doing this?

I would like to make rosary’s and sell them what sort of license should I get?

Robert Kost
Robert Kost answered on Nov 22, 2021

Why do you believe you need a license? Who do you think owns the Rosary? According to Wikipedia, it dates back to 1214, from an apparition given to a saint. No one owns, or could own, the decade, or the sequence of five of them. https://en.wikipedia.org/wiki/Rosary#History

Now, if there...
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1 Answer | Asked in Copyright and Intellectual Property for California on
Q: Hello. I would like to learn about the acknowledged copyright issue?

Hello. I would like to learn about the knowledge copyright issue. we have received a TRO. The plaintiff complained that we infringed on the design patent. But obviously, I think there is a significant difference between our product and theirs. We have found at least 5 specific points. We would be... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Nov 22, 2021

You need to consult with an attorney to understand your options and risks.

2 Answers | Asked in Copyright, Education Law and Intellectual Property for California on
Q: How can I legally include scenes from movies or other media in a teaching course that I'm creating and selling?

This is a teaching course that is all my original material, but movie scenes and songs will be used as examples (this is a language course).

Marcos Garciaacosta
Marcos Garciaacosta answered on Nov 21, 2021

If you are using them consistently you would need a license.

You need to talk to an attorney.

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1 Answer | Asked in Copyright and Civil Rights on
Q: my question is regarding copyright issue on someone's abusive video

i have a question. so a youtuber in his live stream was abusing me and my friends without any reason due to which i striked his video and got it removed from youtube because he was abusing me and my team members without permision. Now that same guy is threatening that he will file a legal case... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Nov 21, 2021

Unless there are any criminal charges or you disobey a court order, I do not see how you can be put in jail. Talk to an attorney.

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