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I discovered after the death of my ex-romantic and art partner that much of his artwork was based on my photography and social media posts. I want to publish his art alongside the references he used, but I am concerned about the legality of including certain images.
Some of the photographs... View More 
answered on Apr 7, 2025
1. Using Referenced Images for Commentary or Analysis
Including the original reference images alongside your ex-partner’s artwork for the purpose of commentary, critique, or scholarship can potentially fall under Fair Use, especially if:
The inclusion transforms the original... View More
I discovered after the death of my ex-romantic and art partner that much of his artwork was based on my photography and social media posts. I want to publish his art alongside the references he used, but I am concerned about the legality of including certain images.
Some of the photographs... View More
answered on Apr 7, 2025
That's a great question, and I think that you should be on pretty safe ground because your use is transformative: it is designed to shine a light into your partner's creative process, which is quite different from the original purposes for which the reference images were created. I would... View More
About 30 years ago, I wrote a book that was serialized in a bi-monthly magazine over six installments in one year. The magazine is still being published, and there was no formal contract—only a handshake agreement for $500 per installment. I was credited as the author and contributing editor. I... View More
answered on Apr 2, 2025
I would double-check with the magazine to see if there is a contract on file even if you remember a verbal/handshake agreement. If there is a written agreement, please reach out to an experienced intellectual property attorney to review it in detail. There is something called a... View More
I am a jeweler wanting to copyright a few designs I've created to prevent other jewelers from using and profiting from my design style. My designs include gemstone wire-wrapped rings with a unique technique that not only makes them stronger but also features my own specific wire-wrapping... View More
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answered on Mar 16, 2025
(Regarding patent protection, in the United States there is a one-year grace period from your first public disclosure of the invention until the last day you can file a valid patent application. Elsewhere in the world there is no grace period; you cannot file a valid patent application after the... View More
I am a jeweler wanting to copyright a few designs I've created to prevent other jewelers from using and profiting from my design style. My designs include gemstone wire-wrapped rings with a unique technique that not only makes them stronger but also features my own specific wire-wrapping... View More
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answered on Mar 16, 2025
You could be eligible for copyright protection and design patent protection on the individual designs, and possibly also utility patent protection on the method of wrapping the wires (depending how long you've been doing it or if or when you published the videos).
I have a copyright and patent related to an apnea device in both Europe and the US. I live in Spain and was previously sued in Europe for copyright infringement, where the opposing party demanded a percentage of my sales. We were able to prove that our device is not the same as theirs, and we won... View More
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answered on Mar 12, 2025
You might hope that the doctrine of res judicata would be helpful (https://jusmundi.com/en/document/publication/en-res-judicata). Sadly it is not necessarily recognized or applicable between different countries. Especially where you are dealing with explicitly national rights like patents and... View More
I want to create and sell a custom ball-shaped product similar to a "magic 8 ball," with a different color, my own logo, and 20 unique answers. I know Mattel owns the patent and the traditional answers might be copyrighted. Are there any legal issues I should be aware of before... View More
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answered on Mar 10, 2025
Based on my limited review, the patent family for Mattel's "Magic 8 Ball" patents appears to be either abandoned or expired. You can reference this here: https://patentcenter.uspto.gov/applications/10139148/continuity?application=. For patents that are abandoned or expired, there... View More
I am considering selling a PDF version of my book on social media platforms like Facebook. I have not officially registered the copyright for my book nor do I have a business license. The book includes a basic copyright page. My plan is to sell it directly online, emailing the PDF version to buyers... View More
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answered on Mar 7, 2025
You only need a business license to have a physical place of business in a given locale, or to go into customers' homes to perform a service. You don't need a business license to sell a book online. You also don't need to register a copyright in order to sell your book.
Your... View More
I have a trademark/copyright question regarding the use of a name that a university also uses. Although I believe the university has trademarked the name, the name is related to Catholicism and is not owned by them exclusively, meaning any Catholic can use it. I plan to use the name for a... View More
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answered on Mar 1, 2025
Trade mark registrations are limited to specific goods / services for which the registrant is *actually* using the mark. A registration that claims goods / services for which the registrant does not use the mark, often can be canceled.
Assuming that the university is not in the classified... View More
I am considering starting a "print on demand" business and would like to use a design inspired by a Heinz ketchup bottle. Specifically, I plan to use the shape of the original bottle and keep the shape of the white label. I may also include the green and yellow border on the label, but I... View More
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answered on Feb 19, 2025
This is likely to be a concern under "Trade Dress" law. Trade dress is really formally registered. It constitutes things like the shape of the bottle, the shape of the label, the green line around the label. You are seriously playing with fire if you intend to use Heinz Ketchup trade... View More
I have several ideas for clothing designs that would reference movies without using any images, quotes or characters from those movies, but I’m not sure if this is still copyright infringement. For example, I want to create a shirt that says “stay” and underneath has the morse code for that... View More
answered on Feb 13, 2025
To obtain a copyright, the created work must be of the owner's own original creative thought. Derivative works can be registered for a copyright if the work represents an original work of authorship. Basically, if the work that you create based off a previously registered copyright, the work... View More
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
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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... View More
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
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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
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
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
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
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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
Was looking to see if this phrase was trademarked for goods and apparel and saw that it was abandoned.
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
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
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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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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
Is it legal to open a taylor swift store?
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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
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?
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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... View More
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