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Copyright Questions & Answers
1 Answer | Asked in Copyright and Intellectual Property on
Q: Can images/scans of likely copyrighted sports cards be partially reproduced and redistributed?

I'd like to create a deck of cards with scans of relatively new sports cards (30-40 years old) in the inset of the card, and sell that deck as game cards for a board game. Since they are just scans of the original card, it would never be mistaken as a reprint. As a result, though, names and... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Jun 14, 2021

I am not sure if the 30% rule is a hard rule.

You are in risky territory.

I do not recommend you do it.

Consult with an attorney.

1 Answer | Asked in Copyright and Patents (Intellectual Property) on
Q: How do I get info from Snow Joe even with a NDA ?

I have an iON8024-xrp(HomeDepot 11/25/'19) from SJ and because their batterys only lasts 30mins I installed a lager capacity battery(6ah to 40ah) and it will not run because of the battery ID. I have sent them an NDA explaining that I have done it to ONLY have it run longer, and I am NOT... Read more »

Peter D. Mlynek
Peter D. Mlynek answered on Jun 13, 2021

Dear Rob, I am sorry that you have to deal with this. Unfortunately, they are not likely to respond to you.

As far as the legal view goes, there is really not much that you can do. You can't force them to disclose their proprietary information. There is no upside for them to give you...
Read more »

1 Answer | Asked in Copyright on
Q: They distribute the games I made on Roblox, what can I do?
Marcos Garciaacosta
Marcos Garciaacosta answered on Jun 13, 2021

You need to consult with an attorney to review your case.

1 Answer | Asked in Copyright on
Q: Hi there Lawyer, Is VETTORE a brand name? Your Response would mean so much to me. Talk soon, Bryan
Marcos Garciaacosta
Marcos Garciaacosta answered on Jun 11, 2021

Maybe. You should contact and hire an attorney to do a search and assess your risks and chances.

1 Answer | Asked in Copyright on
Q: Hi I'm based in South Africa, will it be an offense for me to use the name Unfazed?

I want to create a brand myself of clothing, hats e.t.c., so now I just need to know whether it's allowed or not since we in different countries

Marcos Garciaacosta
Marcos Garciaacosta answered on Jun 10, 2021

Depends on the context

Whether it is offensive or not may not have any bearing on getting the trademark per recent US court decisions.

You should consult a US based attorney to analyze your case.

1 Answer | Asked in Copyright for Arizona on
Q: Plaintiff restricted from deposing Defendant.

I am a pro se Plaintiff in a federal copyright case. The Judge is denying me the right to depose the Defendant (an entity) under Rule 30(b)(6). Is this allowable? How is it that I can be restricted from deposing the other party?

Marcos Garciaacosta
Marcos Garciaacosta answered on Jun 8, 2021

Looks like you need to consult with an attorney.

Deposition is a procedural technique, and you need to follow some protocols, so check what the process is and make sure you are following it.

1 Answer | Asked in Copyright and Intellectual Property for Delaware on
Q: I have a software that I want to protect, what would be the best option as I was recommended that copyright is not best

Option as copyright will provide public access, although not clear for me, but what do you recommend

Omar Darwich
Omar Darwich answered on Jun 7, 2021

So I know its been a min since you've posted this question, but if you've developed a "new" software it might be best to seek a patent for your invention.

1 Answer | Asked in Copyright and Trademark for North Carolina on
Q: I have a design I would like to know if it passes the guidelines not to infringe on this trademark.
Marcos Garciaacosta
Marcos Garciaacosta answered on Jun 7, 2021

Consult with an attorney so she can do proper searches and give you a risk assesment.

1 Answer | Asked in Copyright, Estate Planning, Business Law and Intellectual Property for Nevada on
Q: My late husband had semiconductor patents. I haven't probated yet and not sure what needs to be done. US4,697,332
Marcos Garciaacosta
Marcos Garciaacosta answered on Jun 7, 2021

Talk to an attorney

Patents are property, but they expire, so depending on when he got them you may or may not have any valuable assets

1 Answer | Asked in Copyright and Internet Law for New Jersey on
Q: Can I read children's books on sites like Youtube? If so, am I also allowed to display the pages of the book for viewer

Is reading a children's book online legal as long as you aren't trying to monetize it? (New Jersey)

Marcos Garciaacosta
Marcos Garciaacosta answered on Jun 7, 2021

Monetizing has nothing to do with copyright violation.

You should be careful and consult with an attorney.

1 Answer | Asked in Copyright for New Jersey on
Q: i've unknowingly sold items on etsy that infringe on a copyright. What should i do, and what could the penalties be?
Marcos Garciaacosta
Marcos Garciaacosta answered on Jun 2, 2021

You should contact with an attorney.

Statutory penalties can be up to $100,000 per violation.

1 Answer | Asked in Business Law and Copyright for Florida on
Q: Is a tweet (words or phrases, not pictures) public domain or does ownership automatically attach to the one who posts?

For instance a popular tweet such as a post by someone called @geraldinreverse: "well, well, well, if it isn't the consequenses of my own actions."

It got almost 300K likes and 140K retweets.

Is that phrase owned by @geraldinreverse or can I print that phrase on a shirt and sell it?

Marcos Garciaacosta
Marcos Garciaacosta answered on Jun 2, 2021

Depends

Consult with an attorney

You are referring to copyright

There are requirements related to copyrights such as innovation and creativity, and also the scope or size of creation

It is likely that what you indicated does not fall under copyright, maybe under...
Read more »

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Utah on
Q: If I were to market/sell a caffeine free energy substitute using a pouch delivery system would that be against patent?

I understand there are many products that use saliva based delivery (pouch) methods. Are all of these required to gain permission or establish patents to market and sell these types of products?

Thank you

Marcos Garciaacosta
Marcos Garciaacosta answered on Jun 2, 2021

depends

consult with an attorney

you would need to look and see if there are any patents associated with that in the jurisdiction where you plan to make, sell or import

1 Answer | Asked in Copyright and Probate for California on
Q: Can I inherit my father's patents?

Wallace Tessmer was my father.

Marcos Garciaacosta
Marcos Garciaacosta answered on May 31, 2021

Yes you can

Check his will or trust

Make sure it went through probate

Check if the patents are still active

Consult with an attorney to understand your options

1 Answer | Asked in Contracts and Copyright for New York on
Q: Game designer stuck in a bad contract with a scammer who refuses to produce my games.

My contract stipulates that he has the rights to two of my games, and my next few. I've given him the games I'm required to, and he is optioning them (they will never be produced). The second game he has rights to is for a vague idea for a game that was never finished (he never provided... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on May 31, 2021

You need to consult with an attorney to review your contract to understand your risks and options.

1 Answer | Asked in Copyright and Trademark for North Carolina on
Q: Can I use the phrase "I Spy" in a book title?

I see hundreds of books from various authors with that title on Amazon.

Marcos Garciaacosta
Marcos Garciaacosta answered on May 31, 2021

No

Consult with an attorney to understand your options and risks

2 Answers | Asked in Copyright and Intellectual Property for Minnesota on
Q: I resell phone cases with animetrd pictures of popular band can I be sued for copyright infringement

And does the fact that they are band is based in another country change things

Marcos Garciaacosta
Marcos Garciaacosta answered on May 29, 2021

If you do not have a license to put the band there, yes you could be sued.

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1 Answer | Asked in Copyright for Kansas on
Q: Is 'pusheen' emoticon available for Fair use?
Michael Zamzow
Michael Zamzow answered on May 28, 2021

That emoticon, like most emoticons, is likely licensed to the users of apps that allow users to post that emoticon. It is probably not available for commercial use, but the license might extend to other uses, contact an intellectual property lawyer in Kansas City, MO to discuss the ins-and-outs.

1 Answer | Asked in Copyright for Connecticut on
Q: I had music I made stolen from me and used on a record label with big artists and was never compensated. How do I sue?
Marcos Garciaacosta
Marcos Garciaacosta answered on May 26, 2021

You need to consult with an attorney.

Did you ever have any contract?

1 Answer | Asked in Copyright and Intellectual Property for Kentucky on
Q: I'm wanting to publish a book of emails publication statements from the attorney general's media team. Can I do this?

I'm on the email list of a state attorney general and after his term(s), I want to put a book together consisting of email blasts sent from the AG's office. Can I do this since they might be considered public domain? I do admire the AG and would be putting out positive content, shall I... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on May 25, 2021

Maybe. Consult with an attorney.

You are correct that the information is in essence public domain, but there may be some quirks to pay attention to

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