BITSY BOOP, with a design of a little girl, was registered by the Hearst corporation in 1998 for tee shirts, and one half of Hearst's interest was assigned to Fleischer Studios in 1999. The joint owners failed to maintain the registration with a required statement of continuing use in 2005,...Read more »
There's a Facebook group where there is two Florida lawyers are talking about my case to members of it. They're posting screenshots from pacer about the lawsuit against me and making fun of me when they have no information on this matter, and I haven't been able to prove my... Read more »
You actually raise a couple different issues here. 1. Can Court documents available on PACER lawfully be disclosed on social media? Yes, because they're public records, and the fact that the discloser is a lawyer who is not on your case is irrelevant. 2. Can someone lawfully make fun of you...Read more »
In my novel, the main character is using quotes from the non-fiction book to as aids to illustrate her own experiences, which she relates to the content of the quotes. She states that she's doing so because the book's author has already said things very well and she sees no point in... Read more »
The “fair use” doctrine under Section 107 of the Copyright Act may allow you to do what you want, but this is subject to a detailed review of your case, as fair use is adjudicated on a case-by-case basis with reference to similar court precedents and a multi-factor legal test. It’s impossible...Read more »
I have my own source code, for an Deep Learning, GPT-3 based Artificial Intelligence, which is not associated in any ways with OpenAI´s ChatGPT. It was written from the scratch, and its well documented. How can I protect my code?
Source code is eligible for copyright registration, but infringement of copyright only applies when the wrongfully reproduced work meets the "substantial similarity" criteria under the Copyright Act. This can end up being a strategic decision, because competitors can seek to alter your...Read more »
MOANA is a Hawaiian word for "ocean" and is therefore a generic term, not capable of being registered by itself for exclusive use. Disney has registered DISNEY MOANA for use in films and entertainment, and as the name of a fictional character. Your use of MOANA would most probably be...Read more »
One good way to research this is to use patents.google.com, type in various relevant keywords, and see what you find. For example, try: https://patents.google.com/?q=helmet+baseball+cap&oq=helmet+in+baseball+cap and various other variations.
If you took the image, it is your image (i.e., you own the copyright - even if you never registered it). Being that the use by the imposter would not appear to be commercial in nature, suing for copyright infringement may not be the most exciting option (especially since you cannot get attorney...Read more »
I took photos of a friends cows about 3 years ago. Last week discovered that she was trying to sell my images on Etsy. When I asked her not to she then proceeded to tell me I am not allowed to sell images of her cows, that she has never given me permission. Do I need a property release from her if... Read more »
Yes, you can legally sell the photographs. The practical enforcement of your copyrights, however, is a bit more complex. Recording a collection of a work of photographs with the U.S. Copyright Office should provide you with a useful tool to swiftly remove infringing articles from major online U.S....Read more »
A customer asked me to plant ten trees in her yard. My worker planted the wrong kind of trees. The customer saw it after the third tree but remained silent. After planting all the trees, she demanded to get rid of the wrong trees and plant the right ones at a 25% discount. Another offer she had is... Read more »
You should speak to a lawyer because ALL details and fine points matter for a correct analysis. Generally, the parties are bound by the terms of the agreement. If the customer wants to modify (renegotiate) the agreement it can be done only per the terms of the agreement and with the other...Read more »
For example- If I buy a sticker from Disney and I put the sticker I purchased on a cup and I sell the cup would that be legal since I did not make the sticker. I would also be purchasing the sticker legally from them.
Yes, thanks to the "first sale doctrine" codified at 17 U.S.C. § 109, which provides that an individual who knowingly purchases a copy of a copyrighted work from the copyright holder receives the right to sell, display or otherwise dispose of that particular copy, notwithstanding the...Read more »
You will have to research whether the current owner of the Captain America trademark owns the rights in similar service or product classes to your proposed use to promote tourism. Whether you will be sued for infringement will then depend on whether your uses interfere with the rights owner in...Read more »
No, attribution is not a defense to copyright infringement. Fair use might be a defense. Section 107 of the U.S. Copyright Act provides for certain cases where permission from the rights holder is not required. Courts assess whether the "fair use" defense applies based on four factors:...Read more »
The works of the ancient philosophers and Abraham Lincoln are definitely in the public domain. As for Einstein, who died in 1955, some of his published works may still be subject to copyright (Works published after 1923, but before 1978 are protected for 95 years from the date of publication.)...Read more »
If I have uploaded a design on a file-sharing website under a Creative Commons non-commercial license, and somebody uses it uncredited for a commercial purpose. If the site refuses to take it down, what recourse do I have?
If your copyright is unregistered, you can only file a lawsuit where you will have to prove damages such as lost profits. The better move is to register your copyright with the USPTO. Then you will have access to statutory damages (only requiring proof of infringement) of anywhere between 750 and...Read more »
Use of trademarked and copywrited products and characters in other products for sale is not permitted and will subject you to possible lawsuits and damages which will include forfeiture of all profits from such sales, payment of attorney's fees and court costs, plus possible punitive or...Read more »
I am developing a NFT collection based on animated sitcons. I know that tracing over the character image to create a new art work is illegal. But what about assets present in the character picture? Things like hats/hairs/clothes and other assets. Can I trace over this assets present in the original... Read more »
Your question concerns whether the proposed use of the copyrighted material is covered by the "fair use" defense to copyright infringement. Fair Use under Section 107 of the U.S. Copyright Act provides for certain cases where permission from the rights holder is not required. Courts...Read more »
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