Copyright Questions & Answers

Q: Fan Made Video Game

1 Answer | Asked in Copyright for Texas on
Answered on Feb 20, 2018

Contact the video game company and tell them about the infringement if it's bothering you. It's up to the rights holder (video game company) to pursue copyright infringement claims.
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Q: Can my brokerage enforce this? See details.

1 Answer | Asked in Contracts, Copyright, Employment Law and Real Estate Law for Ohio on
Answered on Feb 20, 2018

Covenants not to compete or non-competition clauses are disfavored by the Courts in Ohio. They are enforceable but are seen as a restraint of trade. First, there has to be consideration. Allowing you to remain employed in an at will position is sufficient consideration. Second, the restriction must be reasonable. Fifty miles seems to be overly broad and two years seems too long. A court would likely narrow the scope and the time. Third, the restraint must be necessary. The factors...
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Q: Posters with Brand name logos on it. Can I use them in a retail store that I'm opening?

1 Answer | Asked in Copyright, Business Law and Trademark for Texas on
Answered on Feb 20, 2018

Most likely, you can sell the products. Generally, you are free to resell what you rightfully purchased. There is a possibility that one of the brands may have brand use guidelines that restrict how you can market their products. An attorney would need to know more to give a certain answer to this question.
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Q: If the use of "Starving Artist" is displayed differently such as using it on a logo does that still mean its protected?

1 Answer | Asked in Copyright, Patents and Trademark for Kentucky on
Answered on Feb 19, 2018

It depends on what is trademarked. It could be the logo, it could be the stylized lettering, or it could be the text itself. You, or your trademark lawyer, should be able to find out upon examining the Trademark Office files.
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Q: If I buy an app from third party company, which has almost exactly the same as Ubereats app, does the patent affect me?

1 Answer | Asked in Copyright, Intellectual Property and Patents on
Answered on Feb 19, 2018

A US patent gives the owner the right to preclude others from making, using, selling, and offering to sell something that is covered by one or more claims in the patent. This right continues until the patent expires or other legal events happen to make the claims no longer enforceable.

So if there is a patent that covers the UberEats program or some aspects of it, then you cannot do things covered by the patent claims within the United States unless you are licensed by the owner of...
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Q: Does fair use eductional purposes only apply for teachers? Are bloggers or website owners allowed to use this reason?

1 Answer | Asked in Copyright, Intellectual Property and Internet Law for California on
Answered on Feb 16, 2018

The statutory fair use exception to a copyright owner's exclusive rights applies to all.
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Q: Does posting a copyrighted image of certain health conditions in your health website for informative purposes a fair use

1 Answer | Asked in Copyright and Intellectual Property for California on
Answered on Feb 16, 2018

Unlikely since you intend to reproduce the entire image. Discuss it with a copyright attorney.
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Q: I work as a copywriter for a marketing agency and would like to put some of my best works in a physical portfolio.

1 Answer | Asked in Copyright, Business Law and Communications Law for Florida on
Answered on Feb 15, 2018

The answer to your question depends on the employment contract you signed with the marketing agency and whether you can share the portfolio. I would look to see what their requirement states first.

As far as copyright law, technically if you were hired as a work for hire with all intellectual property belonging to the agency, that this will be considered the intellectual property of your marketing agency and not you.
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Q: How can we protect ancestral journals and letters?

1 Answer | Asked in Copyright for New York on
Answered on Feb 15, 2018

A will does not have to specifically bequest intellectual property rights for those rights to pass to heirs. If, for example, father gives everything he owns to son, his son inherits the intellectual property rights in his letters and journals. Son could apply for copyright protection from the U.S. Copyright office as the claimant, describing how he acquired the rights in the transfer statement.
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Q: Question about registering a legal entity in the software industry using a well known trademark.

1 Answer | Asked in Copyright, Intellectual Property, Internet Law and Trademark for Maryland on
Answered on Feb 14, 2018

In my opinion, your proposed idea is not a prudent one and could very well be a costly one.
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Q: I have received a copyright infringement notification on my eBay account about a product I am selling.

1 Answer | Asked in Copyright and Intellectual Property for Pennsylvania on
Answered on Feb 13, 2018

An attorney would need to review the two products to answer this question. From what you have described, it seems unlikely that your bracelet would infringe a copyright for the other bracelet. While jewelry is protected by copyright, the rights are not so broad as to cover entire design concepts. To infringe, your product would need to be nearly an exact replica. Based on your description, this is far from true. I recommend having an attorney prepare a response.
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Q: I am using Social Media to collect stories for a non profit book. Which releases do i need?

1 Answer | Asked in Business Formation, Business Law, Civil Litigation, Communications Law and Copyright for Florida on
Answered on Feb 13, 2018

You need to use the find a lawyer feature to locate a copy right attorney and consult with one on his topic. This is a specialized area of law and not something to take lightly. Get specific legal advice on this one.
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Q: I have received a letter from a law firm indicating that a photograph I used on my personal website was copyrighted.

1 Answer | Asked in Copyright for Michigan on
Answered on Feb 9, 2018

How you should respond depends on a lot of factors not available in your question. It's a strategic decision best left to an attorney with experience in copyright infringement actions.

Attorneys on this ask-a-lawyer board are going to be unwilling to answer your question, partly because more information is needed to give a helpful response and partly because, if you act on that advice and it turns out badly, the attorney has created a lot of trouble for him/herself.

Contact...
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Q: Regarding US 20160206031 A1, does this mean all magnetic eyelashes would be an infringement?

1 Answer | Asked in Copyright and Patents on
Answered on Feb 9, 2018

Assuming this patent application issued as a patent with only its existing claim, not all magnetic eyelashes would be an infringement. However, to avoid infringement of a hypothetically issued patent, you would have to examine all of the claims in the patent to make sure you were NOT doing at least one element of every claim. For instance, assume a patent issued with claim 1 reading as follows:

A false eyelash comprised of:

a substrate strip having a first surface and a second...
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Q: what is the right to subrogation in court

1 Answer | Asked in Bankruptcy, Copyright, Criminal Law and Business Law for California on
Answered on Feb 9, 2018

when you are rear ended and another parties ins co pays they have a right to get the money or some of the money back (ie subrogate) from another entity
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Q: Doubt I can trademark my descriptive online business name so is it easier to trademark including .com with the name?

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Texas on
Answered on Feb 8, 2018

Adding ".com" to an otherwise generic description would not make the trademark viable. The ".com" is generally disregarded by trademark examiners. Neither an LLC nor a domain registration provides trademark rights. Someone else could register the same name as an LLC in a different state or do business under the same name. It may be best to develop another aspect of your branding as a trademark, such as a design, logo, phrase, or product/service name rather than the name of the business...
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Q: Can make a Pokémon series on YouTube without overstepping the copyright

1 Answer | Asked in Copyright for Ohio on
Answered on Feb 7, 2018

If you use any images or other graphics, characters, or other related recognizable elements, you could be infringing the copyrights and trademarks. YouTube could take down what you post, and the owners of Pokémon could then make claims against you, seeking an injunction, civil damages, and/or criminal penalties, including having you pay their attorney fees. Use the Find a Lawyer tab and retain an intellectual property attorney to review your materials and advise you before you post them.
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Q: Trademark Infringement

1 Answer | Asked in Copyright, Intellectual Property and Trademark on
Answered on Feb 7, 2018

That's a lot for the actual damages involved. What state are you in? I've handled a lot of IP infringement cases (on both the plaintiff's side and the defendant's), and we usually work out more favorable settlements than that.

***Please note the important disclaimers at the bottom of this page.***
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Q: Are we legally allowed to use names/addresses from old letters in new published works?

1 Answer | Asked in Copyright, Communications Law and Entertainment / Sports for Oregon on
Answered on Feb 6, 2018

This should not be an issue as to copyright, as addresses would not in this format likely be copyright-able.

Could be an issue as to personality rights though.
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Q: Does anyone know if the skit "Who on First" by Abbott & Costello is public domain or owned by their relatives.

1 Answer | Asked in Copyright for Florida on
Answered on Feb 5, 2018

The copyright has PROBABLY fallen into the public domain, based upon case law. In a recent lawsuit decided by the Second Circuit Court of Appeals, a playwright had used about 30 seconds of the "Who's On First?" skit in a Broadway show, "Hand of God." The heirs of Bud Abbott and Lou Costello, together with the movie studio, TCA, which claimed copyright to the film, filed suit claiming copyright infringement.

The Second Circuit found that the usage was a not "fair use," but that the...
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