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Q: Hello!Is it legal to use the LYRICS ONLY of a song in a YouTube video? As in, a cappella only my own voice?

I'm a streamer playing Minecraft, Fortnite, etc. and know not to use the actual audio of a song (unless it's copyright free or old enough, etc.), but I'm not sure if I can just sing a pop song by someone famous without potentially getting into legal trouble... YouTube hasn't... View More

Sarah Teresa Haddad
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answered on Jan 25, 2025

If you are seeking to use the captions from a YouTube video as your own lyrics, this may be considered copyright infringement if you are not using the captions for a different purpose, such as for education or commentary purposes in Fair Use.

Captions to a YouTube video are justified for...
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2 Answers | Asked in Copyright for Texas on
Q: How do I know a piece of art is okay to use for album art?

The artists name is xx and the piece is called "Sleep". The artists passed away 70 years ago, and her only living relative as well as the collector of her art have both also passed away. The copyright status is unclear as I couldn't find any information on it. Has enough time passed... View More

Sarah Teresa Haddad
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answered on Jan 23, 2025

Some album art is considered Fair Use of Copyright under certain circumstances, particularly when used in a transformative way for educational purposes, criticism, or commentary, where only a small portion of the artwork is used, and the use does not significantly affect the potential market for... View More

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2 Answers | Asked in Copyright and Intellectual Property on
Q: Any help regarding original characters that look similar in a self-published book?

I am planning to do a creature book, which would be self-published on Amazon, but I am worried if one of my creatures is similar to a copyright character. It's a bud creature I did, but some had told me it is similar to Kirby, which is a Nintendo character. Is there some way to fix this by... View More

Morgan Theodore
Morgan Theodore
answered on Jan 21, 2025

Copyright protection is very flexible. If your character is original, unrelated to kirby and has original unique features, you will likely be able to proceed without infringing on the nintendo copyright. However, you need not have culpability or intention to copy in order to be found liable for... View More

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2 Answers | Asked in Consumer Law, Contracts, Copyright and Intellectual Property on
Q: Is it legal to redistribute the games of Chessbase's Database? Or does Chessbase "own" the games?

Chessbase provides a chess database for personal use for (a lot of) money. My understanding is, that they are selling the data*base* and not the data itself (i.e. their file format/structure of the database) and the redistribution of that would be illegal under copyright laws. But the games and... View More

Sarah Teresa Haddad
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answered on Jan 21, 2025

Some parts of games are subject to copyright protection. This includes the game's artistic elements, like the music, art, and dialog, and the computer program that runs the game. As such, reproduction of these elements may be considered copyright infringement, depending on the purpose and... View More

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3 Answers | Asked in Copyright and Trademark for Texas on
Q: Why was trademark “ I'D RATHER BE FLYING” abandoned?

Was looking to see if this phrase was trademarked for goods and apparel and saw that it was abandoned.

David Aldrich
David Aldrich
answered on Jan 16, 2025

The Applicant never completed the registration process. In order to obtain a Registration Certificate, the applicant needs to file a declaration with a specimen establishing that they are using the mark in commerce. The applicant did not do that. They may not have actually used in commerce, or... View More

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2 Answers | Asked in Business Law, Civil Litigation, Copyright, Criminal Law and Intellectual Property for California on
Q: Are the notes you write down in the notes app on iPhones considered public information? Let’s say a developer

for example- he wrote the code for a smart contract that lets you buy and sell and store energy in a decentralized environment that connects all Tesla vehicles then a couple weeks later the guy is watching YouTube and comes across a video that talks about how Elon musk has been secretly working on... View More

Pavel Kolmogorov
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answered on Jan 10, 2025

Notes stored in the Notes app on an iPhone are not considered public information. They are typically protected by the phone's passcode and the user's iCloud account security. The situation you described raises concerns about the potential misappropriation of intellectual property, but it... View More

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2 Answers | Asked in Contracts, Copyright, Business Law and Intellectual Property for California on
Q: If Hulu is using footage I own do they owe me compensation?
Pavel Kolmogorov
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answered on Jan 7, 2025

It depends on whether you truly own the copyright to the footage and whether Hulu has any authorization or defense for using it. Under federal law, the copyright owner generally holds exclusive rights to reproduce, distribute, and publicly display their work (17 U.S.C. § 106). If Hulu is using... View More

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2 Answers | Asked in Copyright and Intellectual Property for Kansas on
Q: I have a simple question about copyright.

Is it legal to open a taylor swift store?

Alan Harrison
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answered on Dec 30, 2024

It really depends on a lot of things. Yes, it can be legal if you obtain the proper licenses and permissions from Taylor's legal team, from the municipality where you're operating (if not online), and from the state where you're making the sales (esp. sales tax license). Consult a... View More

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2 Answers | Asked in Copyright and Intellectual Property for New York on
Q: If I write a song then someone writes the same song or steals my song and copyrights it, can I still copyright my song?

If I write a song and do not copyright it or publish it, then someone writes the same song or steals my song and copyrights it, can I still copyright my song and sue the person?

Sarah Teresa Haddad
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answered on Dec 27, 2024

You would need to have evidence that you are the author of the song and make a claim of copyright infringement. If it is the same song that has already been registered, this would be the correct course of action to seek primary relief.

You can still try to register your song at the US...
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3 Answers | Asked in Contracts, Copyright and Intellectual Property for Michigan on
Q: Can I sell hand painted reproductions of AI generated art on a platform claiming ownership via terms and conditions?

I understand AI generated art cannot be copyrighted, but a website allows users to generate art on their platform, but claims it cannot be used in certain circumstances. Can I reproduce those images in another medium without violating their terms and conditions

Alan Harrison
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answered on Dec 21, 2024

This is a really cool question. I won't paint you a definitive answer but I will sketch for you the lines of my initial impression.

AI "art" can't be copyright. → so making a derivative work won't infringe. → a transformative derivative work can be copyright...
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3 Answers | Asked in Contracts, Copyright and Intellectual Property for Michigan on
Q: Can I sell hand painted reproductions of AI generated art on a platform claiming ownership via terms and conditions?

I understand AI generated art cannot be copyrighted, but a website allows users to generate art on their platform, but claims it cannot be used in certain circumstances. Can I reproduce those images in another medium without violating their terms and conditions

Alan Harrison
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answered on Dec 21, 2024

… further note about T&Cs: these can establish rights in the website owner other than copyright, and if you violate the T&C then the website owner has to seek a remedy for breach of contract, which would require them to prove their damages from breach (rather than having the possibility... View More

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2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) on
Q: “Could you clarify what U.S. Patent No. 10,745,83

“Could you clarify what U.S. Patent No. 10,745,833 specifically covers in relation to the product? Does this patent apply to the design, size, or a unique functional feature of the towel? Since a towel is a common and widely available commodity, how is it possible for such an item to be patented,... View More

Sean Goodwin
Sean Goodwin
answered on Dec 19, 2024

The "Claims" section defines exactly what the patent covers. The two main ("independent") claims are:

1. A fabric, comprising:

a plurality of first material yarns; and

a plurality of second material yarns, in which the plurality of first material yarns...
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3 Answers | Asked in Copyright, Business Law and Intellectual Property for New York on
Q: My photos are being used on SHEIN without my permission. What can I do about this?

I have a small business where I sell handmade bracelets. It has come to my attention that

SHEIN used to of my photos.

David H. Relkin
David H. Relkin
answered on Dec 19, 2024

I assume that your images are on Shein's website.

So long as you own your images (it wasn't a Shein photograph), they are using and they are using your image without your permission, especially in the case that they are using it for profitable purposes, there are two "causes...
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2 Answers | Asked in Copyright, Patents (Intellectual Property) and Intellectual Property for South Carolina on
Q: According to U.S. PATENT NO. 10,745,833, we need clarification if we are producing same towels can we import it into US

We are manufacturer of towels, as per U.S. PATENT NO. 10,745,833, we need to know that we are producing same towels in different sizes and want to export it to US. Are we allowed to import towel in US. Is this patent for printing or blank towels also need a little clarification

David Aldrich
David Aldrich
answered on Dec 18, 2024

U.S patents cover importation (if your product infringes the patent, you cannot import them into the U.S. without being liable for infringement). This patent covers both fabric products and methods of manufacture. The specific coverage is defined in the claims, which are of varied scope. Whether... View More

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2 Answers | Asked in Copyright, Intellectual Property and Trademark for Oregon on
Q: If I sell a coffee blend called “Goondocks Blend” am I at risk of trademark infringement?
Sean Goodwin
Sean Goodwin
answered on Dec 18, 2024

That's a great question. I highly recommend that you hire a competent trademark attorney to run a clearance search before you launch the brand. That search should take approximately 1-3 hours, depending on how many results need to be reviewed. If you get the green light, you should also... View More

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2 Answers | Asked in Copyright and Intellectual Property for Texas on
Q: could I be reported for copyright?

If I sold t-shirts with the words "SAD DAD CLUB" or "SAD DADS CLUB" printed on them but the words "SAD DAD" are trademarked for use on t-shirts, could I be reported for copyright?

Sean Goodwin
Sean Goodwin
answered on Nov 21, 2024

You are asking for a complicated legal opinion, which most attorneys will not provide unless you are a client. If you would like a detailed answer to your question, please hire a competent trademark attorney.

The test for trademark infringement is "likelihood of confusion."...
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2 Answers | Asked in Copyright, Intellectual Property and Trademark for Kentucky on
Q: If i made a shirt with a name on it that is now a trademark, can I be reported for copyright?

I made a shirt for my daughter 2 years ago that says "zach bryan" with a photo that she picked of a longhorn. Facebook notified me that I have been reported for copyright Infringment but I don't see how as my daughter picked a photo I made on the computer. It was not copy and pasted

Patrick Cummins
Patrick Cummins
answered on Nov 13, 2024

If the copyright infringement allegation is directed to the picture of the longhorn, and you captured the image of the longhorn or you drew it yourself, you are likely not at fault. If someone else drew the image of the longhorn, or captured the image of the longhorn with their camera, then you... View More

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3 Answers | Asked in Trademark, Copyright and Intellectual Property for California on
Q: I'm looking to create and sell books commercially.

Some of them will have the word “Animal/Animals” in the title, internal pages, description etc. But there's a trademark for the word “ANIMALS” overseas, covering books. Does it mean that I can't include the word “Animal/Animals” either capital or lowercase in my book at all... View More

Sean Goodwin
Sean Goodwin
answered on Nov 8, 2024

The titles of books cannot be copyrighted.

Foreign trademarks are not applicable unless you plan to sell in that country. If you are worried about trademarks in the U.S., I highly recommend hiring a qualified trademark attorney to run a clearance search to ensure you will not be infringing....
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2 Answers | Asked in Copyright, Intellectual Property and Trademark for Washington on
Q: Is the term/name “Wheel of Calamity” trademarked or copyrighted in any way?

Intend to start a social media company under this title and want to verify its Existence amount other trademarked intellectual property.

Sean Goodwin
Sean Goodwin
answered on Nov 8, 2024

The best answer you will get to this question is from a trademark attorney who has conducted a legal analysis based on a clearance search. I highly recommend that you hire a qualified attorney to do this before you start spending money on advertising and then realize that you will have to rebrand... View More

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2 Answers | Asked in Intellectual Property, Internet Law and Copyright for Louisiana on
Q: Is it legal to take a recipe video from instagram and use an AI bot to create a recipe list from said video?

Would allow users to copy a link to the video and then paste it into the app, the AI would generate a shopping list and recipe steps to make said dish.

Sarah Teresa Haddad
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answered on Oct 24, 2024

AI generating the shopping list and recipe steps from the link to the video: whether or not this is considered copyright infringement of the contents of the video or "illegal", will depend on if using the AI generative tool in this way will be considered Fair Use of the content of the... View More

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