Copyright Questions & Answers

Q: Can the products that are patented & sold in US,UK be sold in other countries? What are the legal things to consider ?

1 Answer | Asked in Copyright, Intellectual Property, Patents and Products Liability on
Answered on Aug 16, 2017

The idea behind patent law is that a patent provides the patent owner certain rights within the borders of the country.

So if there are two patents for a product, one in the US and one in the UK, and nowhere else, then you are not able to make, use, sell, offer for sale, etc., within the US and the UK, but it is OK elsewhere.

You have to be careful, though. You have to make sure that ALL of the activities are taken place outside of US and UK.

And you also have to be...
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Q: Can you publish a picture of someone in a book without their consent or knowledge?

1 Answer | Asked in Civil Rights and Copyright for Maine on
Answered on Aug 16, 2017

This all depends on the paperwork signed at the photo shoot. That will likely control your legal rights.

Here are 15 possible candidates that may be able to help you. I suspect most will tell you (by phone) if it is something they will consider handling. If the publisher of the mass produced publication has MONEY, the lawyers will be MORE interested.
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Q: If I buy an item from the manufacturer or original distributor, would I be able to sell it on a website or elsewhere ?

1 Answer | Asked in Copyright, Products Liability and Trademark for Texas on
Answered on Aug 13, 2017

The details of what you are selling are missing. Let's say that this is a knock-off purse, that LOOKS like the genuine article. But, is counterfeit.

You cannot buy it from a site, like Amazon, and then sell it, if you are aware that it is a knock-off.

If all licensing fees have been paid, and it is a legitimate item, it is fine to re-sell it, unless the product is totally NOT available, except from the company who licenses or sells it.
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Q: Is it ilegal to open a bar that is from a TV show idea not the actual show

1 Answer | Asked in Copyright, Business Formation and Business Law for Minnesota on
Answered on Aug 12, 2017

This question is too vague to provide a thoughtful response. The answer would depend on whether you are infringing on intellectual property.
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Q: Hi, a proposed bar in my town is using the name "Studio 54". How can I find out if they're using it legally or not?

1 Answer | Asked in Copyright for Ohio on
Answered on Aug 11, 2017

You can ask them, but they have no obligation to tell you anything about their business dealings.
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Q: I am having a logo created for a startup company and I find a image on google that I want it to look exactly like...

1 Answer | Asked in Copyright and Trademark for Oklahoma on
Answered on Aug 10, 2017

It is not legally permissible to have someone recreate an image exactly or copy an image directly to use for your logo. Contact the artist who created the image that you want to use and see if you can purchase the rights to use that image for your logo.
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Q: Can a jewelry rental business display and/or mention branded (ie Tiffany) jewelry on a TV ad (not show the logo).

1 Answer | Asked in Copyright and Trademark for New York on
Answered on Aug 9, 2017

Not unless you get permission. That's potentially trade dress infringement.
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Q: Hello. I would like to ask if the japanese red bean cake's shape(somewhat thin cylinder) is patented? Thank you.

1 Answer | Asked in Copyright, Intellectual Property and Patents for California on
Answered on Aug 9, 2017

If you are doing this as a hobby, there is a possibility that this might not matter. If you are going to invest money in a new business, it is likely that consulting an attorney would be a good idea. The few facts given in the question seem to indicate that there may be issues involved in addition to patent law.

See the disclaimer at the bottom of this page.
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Q: Are red bean cakes shape and its regular cooking tool patented? They can be seen on youtube. Thank you.

1 Answer | Asked in Copyright, Intellectual Property and Patents for California on
Answered on Aug 8, 2017

With regards to the "red bean cakes shape", I don't know, but I doubt that someone can receive a strong patent for it. Bean shapes (say r = sin^3(a) + cos^3(a)) have been around for a long time. Moreover, even if someone would be successful in getting such a patent, it would be difficult to enforce such a patent. I am not saying that it is impossible, but it would be difficult.

With regards to the tool, it could be patented. Go buy the tool, take a look at the tool, and somewhere on...
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Q: Does copyright infringement apply to lyrics if they are translated into a different language and altered mostly?

1 Answer | Asked in Copyright for Oklahoma on
Answered on Aug 8, 2017

You have likely created a derivative work, a work that is based on one or more previous works. The copyright owner has the exclusive right to prepare derivative works. By doing so, you likely infringe the songwriter's copyright.
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Q: Hello!

1 Answer | Asked in Copyright, Civil Rights, Intellectual Property and International Law for Florida on
Answered on Aug 8, 2017

Develop a description of your product that does not reveal any of the protected information. Once you get a company interested, pay a lawyer for a Non-Disclosure Agreement, commonly called an NDA. Get it signed before you reveal anything identifiable.
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Q: Can a logo that was purchased on Etsy by numerous people be trademarked?

1 Answer | Asked in Copyright and Trademark for Ohio on
Answered on Aug 8, 2017

There are an awful lot of issues here that can't be addressed without more facts, but here are some initial thoughts. First off, any copyright would be held by the designer of the logo. Presumably, if you purchase the logo from the designer, then it would come with at least a license to use the logo. That's something you would want to confirm with the seller.

As for using the logo in conjunction with your business, that would depend entirely upon whether or not another business...
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Q: Domain name already registered, does this mean that this name is trademarked?

1 Answer | Asked in Copyright, Intellectual Property and Trademark on
Answered on Aug 8, 2017

The first thing that you need to keep in mind is that having rights to a trademark and registering it, either with the U.S. Patent and Trademark Office, a foreign trademark office, or a state entity, are entirely different things. People can hold valid rights to a trademark without having ever registered it formally, though they will generally need to complete registration in order to enforce their rights. Rights to a trademark arise from use of a mark in commerce in conjunction with products...
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Q: Can you legally record someone on video with audio, in your home without their consent?

1 Answer | Asked in Copyright, Criminal Law, Real Estate Law and Landlord - Tenant for Florida on
Answered on Aug 8, 2017

I would say no. Florida has a two party consent law and typically you need both parties to consent to being recorded. The law on this topic varies depending upon circumstances. I suggest that you not do it as improper recording of a person is a criminal law violation in Florida.
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Q: Is it legal to sell a dice game based on a real copyrighted game for fake currency that has no real world value

1 Answer | Asked in Copyright and Intellectual Property for Massachusetts on
Answered on Aug 7, 2017

This is a difficult question to answer without studying the two games in detail because there are several aspects of a game that can be copyrighted. But, I can try to give a few pointers. Illustrations and the bone shaped pieces are protected by copyright. Basic game of chance concepts with dice are not protected by copyright. The fact that the new game is not sold for money would not avoid copyright infringement. Displaying, distributing, and reproducing a copyrighted work are all forms...
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Q: I wish to register a trademark for the name "Beard Burst" however there is already a trademark for the name Hair Burst

1 Answer | Asked in Copyright, Intellectual Property and Trademark on
Answered on Aug 7, 2017

There is a real possibility that the names are too similar for you to obtain a trademark, especially if the products are similar. I recommend presenting all the facts to a trademark attorney.
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Q: For a copyright lawyer: Which liscenses do I have to get when posting music covers on Youtube?

1 Answer | Asked in Copyright and Entertainment / Sports for California on
Answered on Aug 7, 2017

"Looking for some advice from a copyright lawyer that I can potentially stake my life on." Did you want this for free? Did you want an answer that was short enough to fit in this box? Did you want the attorney to answer this without getting further information? It is possible that your expectations are unrealistic. It appears that you really need to consult an attorney. What you "know" about copyrights may not be helpful in reaching your goal.

See the disclaimer at the bottom of this...
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Q: Would I infringe copyright if I used the shape of an Iron man helmet for a totally custom one for public appeareances?

1 Answer | Asked in Copyright for California on
Answered on Aug 7, 2017

The question seems to include a contradiction. If a helmet is designed to simulate another helmet, it is not totally custom. One element that may be considered in a copyright infringement analysis is whether the new work contains elements of originality of the first work. If someone wants to take advantage of goodwill associated with the first work, there may be a trademark problem.

See disclaimer at the bottom of this page.
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Q: Hello, my question is based on software developers, and application ownership and protection of application's the idea.

2 Answers | Asked in Consumer Law, Contracts, Copyright and Employment Law for California on
Answered on Aug 5, 2017

Your questions and concerns are not the type that get answered for free on the internet. You need to retain a busines/IP attorney to advise you.
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Q: Hi, i wish to know if copyright subsists if my work was extorted out by someone and subsequently used

1 Answer | Asked in Copyright and Intellectual Property for Oregon on
Answered on Aug 5, 2017

Potentially, but the statute of limitations is 3 years on copyright infringement. So, you may need to act quickly.
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