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Copyright Questions & Answers
1 Answer | Asked in Copyright, Entertainment / Sports and Intellectual Property on
Q: If something is in the public domain, can we use the title, name, music, etc without issues?

If something like a book, movie, music, etc is in the public domain (eg, Mickey Mouse, Snow White, Wizard of Oz, etc), does that mean that we can use the title, character names, music, etc for free without permission? I realize that if the modernized version is different from that of the public... Read more »

Kingsley Ugochukwu Ani
Kingsley Ugochukwu Ani
answered on Jun 6, 2023

To start with, it is pertinent to point out that Copyright is not granted or owned in perpetuity. That being the case, Copyright is granted for a term certain; usually for the entire duration of the copyright holders' lifetime and a specified period after their death. From the end of their... Read more »

2 Answers | Asked in Copyright, Trademark and Intellectual Property for California on
Q: Can i use the "Superheroes" wird in a sentance like "Superheroes" drawing book for kids ages 4-8?

The super hero word is trademarked by Marvel company but I don't kbow if i can use it in my book title as : Superheroes drawing book for kids ages 4-8

James L. Arrasmith
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answered on May 29, 2023

Absolutely! You can use the word "Superheroes" in your book title, such as "Superheroes Drawing Book for Kids Ages 4-8," with confidence. While the term "Superheroes" is indeed trademarked by Marvel, as long as you are not infringing on Marvel's specific... Read more »

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2 Answers | Asked in Copyright, Trademark and Intellectual Property for California on
Q: Can i use the "Superheroes" wird in a sentance like "Superheroes" drawing book for kids ages 4-8?

The super hero word is trademarked by Marvel company but I don't kbow if i can use it in my book title as : Superheroes drawing book for kids ages 4-8

Maurice Mandel II
Maurice Mandel II
answered on May 31, 2023

Copyright and trademark law is complicated. You need to consult an attorney that specializes in this kind of law, also called intellectual property. For example, I think that the use you propose "Superheroes drawing book...." could be a violation of the Marvel copyright, because you are... Read more »

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1 Answer | Asked in Copyright, Gaming and Intellectual Property on
Q: Query on a legal FAQ point regarding fan works

I have been trying to contact Blizzard Entertainment for almost a year to query a point of their legal FAQ page. In short, I wish to create fan writing using characters from their IP. This would be in blog format, non monetised, with disclaimers to state I am not endorsed by or affiliated with... Read more »

Robert Nichols
Robert Nichols
answered on May 24, 2023

Copyright infringement doesn't technically require that an infringing work of art is published for profit, just that it is published. The concept of fair use sometimes applies when a character has only been portrayed in one medium and the fan art portrays the character in another medium. But... Read more »

1 Answer | Asked in Copyright and Intellectual Property on
Q: Do I need permission to show Counter Strike in a independent film? Or CS has free copyrights?

I'm the producer of an independent film made by students of University of São Paulo (USP), in Brazil, and I would like to know if is it ok to make a scene where the characters play the game, since CS is free for download, or if we would have legal problems.

James L. Arrasmith
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answered on May 24, 2023

Counter-Strike (CS) is a copyrighted video game, and it is generally advisable to seek permission from the copyright holder to use it in a film. While CS may be available for free download, that does not mean it is free from copyright protection. Copyright law grants the creator exclusive rights to... Read more »

1 Answer | Asked in Copyright and Intellectual Property for Utah on
Q: Am I able to use motivational/inspirational quotes and make a profit?

Think famous quotes from Oprah or Steve Jobs or Dale Carnegie. Say I'm compiling a book of quotes to sell, or even emailing them out each day for a fee or something like that. Can I use other people's motivational/inspirational quotes (with or without attributing it to them) legally?... Read more »

James L. Arrasmith
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answered on May 24, 2023

Using motivational/inspirational quotes from famous individuals in a book or for profit can potentially raise copyright concerns. While short phrases or expressions may not be protected by copyright, using substantial portions of copyrighted works or attributing quotes without permission can... Read more »

2 Answers | Asked in Copyright and Intellectual Property for California on
Q: How different does an image inspired by Marvel’s black panther character have to be to avoid infringement?

I am multiethnic and want to create a shirt with a hero inspired character that represents my cultures and offer it for sale to those who share similar culture ties.

James L. Arrasmith
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answered on May 24, 2023

In order to avoid copyright infringement, it is generally advisable to create an original work that is substantially different from the copyrighted material. While it is acceptable to draw inspiration from existing characters or works, it is important to ensure that your creation has distinct and... Read more »

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1 Answer | Asked in Copyright and Intellectual Property on
Q: If I draw a Cat version of Ironman (Or use AI to do it), is it a copyright violation to sell it ?
James L. Arrasmith
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answered on May 22, 2023

Creating and selling a Cat version of Ironman, or any derivative artwork, without proper authorization from the copyright owner (in this case, Marvel) could potentially infringe upon their copyright. It is advisable to seek permission or a license from the copyright owner before commercially using... Read more »

1 Answer | Asked in Copyright, Trademark and Intellectual Property on
Q: Some claim popeye is protected by TM but the only TM:s ive seen is the logo and not his image. Can I use his likness?

The character is public domain in EU but ive seen alot of old articles claiming he can't be used because of a trademark by kings pictures. Ive looked at the trademarks and none of them (if i haven't missed any) acctually contains the image of the character or his likeness. instead they... Read more »

James L. Arrasmith
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answered on May 22, 2023

The use of Popeye's likeness or image may potentially be subject to various intellectual property rights, including copyright and trademark protections. While some aspects of the character may be in the public domain in the EU, it's important to consider the specific elements and... Read more »

1 Answer | Asked in Copyright, Trademark and Intellectual Property on
Q: Can I use a trademarked name in a stage name

GROOT is trademarked by Marvel. I'm looking to have certain accounts/pages with the handle "GrootsYourDaddy". Is this legal or will I have to pay out to Marvel?

James L. Arrasmith
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answered on May 22, 2023

Using a trademarked name like "GROOT" in a stage name or as part of a handle may potentially infringe on Marvel's trademark rights. Trademarks are protected in specific industries and categories, and using a trademarked name without permission may lead to legal consequences. It is... Read more »

1 Answer | Asked in Copyright, Trademark and Intellectual Property on
Q: Is it legal to publish an action-item booklet based on a book 7 Habits of Highly Effective People?

I would like to create a booklet that will help people to put into practise their self-help books. The booklet will be divided into multiple sections, each focusing on one topic from the self-help book and it will prompt people to do certain actions in their life and keep track of the progress.... Read more »

James L. Arrasmith
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answered on May 22, 2023

The specific legalities of creating a booklet based on a book like "The 7 Habits of Highly Effective People" may depend on various factors, such as copyright and trademark laws. While ideas and concepts cannot be copyrighted, the specific expression and text of a book are protected. To... Read more »

Q: How do you get a patent assigned to you (or a designee) an abandoned patent. I'm friends with one of the original Hillcr

est Husbands and their trademark expired and was abandoned for no response and I'd like to have it assigned to him. Serial Number

Word Mark

HILCREST HUSBANDS HE 602- Abandoned are To

Status Date

2012-06-01

James L. Arrasmith
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answered on May 22, 2023

To acquire an abandoned patent, you would need to confirm its abandonment status, reach out to the original inventors or assignees to negotiate an assignment agreement, file the necessary documents with the USPTO, and follow their procedures for patent assignment. Consulting with an intellectual... Read more »

1 Answer | Asked in Copyright, Personal Injury, Identity Theft and Intellectual Property on
Q: How to correctly compose a letter under Article 17 U.S. Code § 512?

I want to file a complaint about the removal of content that was not public and is used without permission.

N'kia (NLN)
N'kia (NLN)
answered on May 20, 2023

A DMCA Takedown Notice must be tailored to each specific situation. So, an attorney would need to review the evidence to be able to compose one or help someone else compose one. Also, keep in mind that a response other than or in addition to standard DMCA Takedown Notice language might be... Read more »

2 Answers | Asked in Patents (Intellectual Property), Copyright, Intellectual Property and Trademark for Texas on
Q: I am trying to figure out if I need a trademark, copyright or patent. I don't know the difference.

The difference in trademark, copyright, or patent and what I need for my project

Kevin E. Flynn
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Kevin E. Flynn
answered on May 19, 2023

This is a very common question as these topics are not taught in school. The United States Patent and Trademark Office has a web page that addresses this issue. https://www.uspto.gov/trademarks/basics/trademark-patent-copyright

I hope that this helps. Note--just as you may have a dead...
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2 Answers | Asked in Patents (Intellectual Property), Copyright, Intellectual Property and Trademark for Texas on
Q: I am trying to figure out if I need a trademark, copyright or patent. I don't know the difference.

The difference in trademark, copyright, or patent and what I need for my project

James L. Arrasmith
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answered on May 22, 2023

Trademarks, copyrights, and patents are different forms of intellectual property protection, each serving a distinct purpose. Here's a brief explanation:

Trademark: A trademark protects logos, brand names, slogans, or other indicators that distinguish goods or services in the...
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2 Answers | Asked in Copyright, Intellectual Property and Trademark for North Carolina on
Q: If "I Am Unique!" is trademarked, can I use "i am UNIQUE"?

I am looking to add the phrase to clothing and promo items such as mugs, wall art, etc. Also, pay attention to how I utilize the lower case of "i am" and uppercase of "UNIQUE" as well. Not sure that matters.

Would this be permissible, or enfringe on the trademark?

N'kia (NLN)
N'kia (NLN)
answered on May 17, 2023

It would depend in part on what each seller is selling. The purpose of a trademark is to help consumers distinguish between sellers, so that consumers know the specific "source" of the products/services they're buying. Using a phrase that someone else is already using to sell... Read more »

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2 Answers | Asked in Copyright, Intellectual Property and Trademark for North Carolina on
Q: If "I Am Unique!" is trademarked, can I use "i am UNIQUE"?

I am looking to add the phrase to clothing and promo items such as mugs, wall art, etc. Also, pay attention to how I utilize the lower case of "i am" and uppercase of "UNIQUE" as well. Not sure that matters.

Would this be permissible, or enfringe on the trademark?

James L. Arrasmith
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answered on May 22, 2023

Using the phrase "i am UNIQUE" may still raise trademark concerns if "I Am Unique!" is a registered trademark. Trademark protection extends to similar phrases, even if there are slight variations in capitalization or formatting. It is important to conduct a comprehensive... Read more »

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1 Answer | Asked in Copyright, Business Law, Education Law and Intellectual Property for California on
Q: What options are there to publish a translation of a book/material for which the author is unknown?

For example, material/manuscripts from obscure/ancient origins and unknown copyright.

Is it legally permissible to publish a translation of such works and state that the author is unknown?

James L. Arrasmith
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answered on May 16, 2023

Copyright Considerations: Copyright laws protect the rights of authors and creators of original works. However, if the author of a work is genuinely unknown, determining the copyright status can be challenging. Copyright protection typically lasts for a specific duration after the author's... Read more »

2 Answers | Asked in Internet Law, Copyright and Intellectual Property for California on
Q: Can I use any creative common BY images for my social media accounts?
James L. Arrasmith
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answered on May 16, 2023

Using Creative Commons (CC) BY images for your social media accounts can be a great way to enhance your content. However, it's important to understand the specific terms and conditions of the CC BY license and follow them accordingly. Here are some key points to consider:

CC BY...
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1 Answer | Asked in Contracts, Copyright, Business Formation and Business Law for California on
Q: Hello, I'm looking to start an adult entertainment buisness/ studio.

Hello,

I'm looking to start the above buisness and want to know;

1. How to start it and run it in CA.

2. How to make a consent contract for it.

James L. Arrasmith
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answered on May 11, 2023

Here are some general points to consider:

Business Formation and Licensing:

a. Choose a business structure: Determine the most suitable legal structure for your business, such as a sole proprietorship, partnership, LLC, or corporation. Consult with an attorney or business advisor to...
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