Copyright Questions & Answers

Q: Is making a multiple choice game show with pixelated videos without original audio count as fair use?

1 Answer | Asked in Copyright and Entertainment / Sports on
Answered on Feb 15, 2019
Marcos Garciaacosta's answer
You are skating on very thin ice. I would not recommend you do this without proper licenses.

It is a great idea, but fraught with legal minefields.

Q: If I paid a designer to help design a city map, can another org. then use the same designer to publish & claim that map?

1 Answer | Asked in Copyright for Ohio on
Answered on Feb 14, 2019
Joseph Jaap's answer
If your written agreement with the designer did not also assign the copyright to you, then the designer still own the copyright in the map design, even though you paid the designer for it. An assignment of copyright must be in writing, otherwise, the designer retains it. If the designer still owns the copyright in the map design, then the designer can sell and use the map with others. Same as a wedding photographer. The photographer typically retains the copyright in the photos, and only...

Q: Person wants me to sign a trade secret document before getting out of our informal partnership with no assets, only idea

1 Answer | Asked in Business Law, Contracts, Copyright and Intellectual Property for Georgia on
Answered on Feb 13, 2019
Griffin Klema's answer
That's a complex situation. Without any formal company, you may both be operating under what is called a general partnership (but this should be addressed more conclusively by a Georgia lawyer). Even aside from the trade secret contract, to avoid incurring liability by your partner, I strongly recommend clarifying the relationship between you through some formal written instrument. As far as being "forced" to sign a document, generally no, you never have to sign anything, but you may have some...

Q: Person wants me to sign a trade secret document before getting out of our informal partnership with no assets, only idea

2 Answers | Asked in Contracts, Copyright and Family Law for Georgia on
Answered on Feb 13, 2019
Ellaretha Coleman's answer
This is not a family law question and has been addressed to the wrong forum.

Q: A real estate agent is using photos that I got on my trail camera to sell a property what can I do?

1 Answer | Asked in Copyright for Florida on
Answered on Feb 13, 2019
Marcos Garciaacosta's answer
Ask him to stop doing that.

If he is using a platform to publish the photos they may be willing to take them down.

To get a court to do something you will need to prove that the photos were taken by you or your camera.

If the photos are not of your property and he is getting the pictures himself, he may be ok.

Have a consultation to decide if you have a case or not or if it is worth pursuing beyond basic communication with the other party.

Marcos...

Q: hi, does this 711 - Cancelled - Section 7 mean that the word mark isnt trademarked anymore and can be used by anyone

1 Answer | Asked in Copyright on
Answered on Feb 11, 2019
Marcos Garciaacosta's answer
Essentially yes, somebody owned it and did not renew it and therefore lost its rights and the registration.

You could apply for it and maybe able to get it.

You should consult with an attorney to make sure there are no other issues in your way of getting it.

Q: I have an idea for a website/app, how do I protect it? —please see the description for the complete question. Thx!!

1 Answer | Asked in Consumer Law, Copyright, Products Liability and Intellectual Property for California on
Answered on Feb 11, 2019
Frank Huerta Jr's answer
I suggest you have an attorney draft a non-disclosure agreement for you. However if you are pitching it to an investor, some may balk at the idea of signing it.

Q: What should I do if someone is refusing to pay for artwork I did for them and also allowed someone else to edit it?

3 Answers | Asked in Copyright and Small Claims for New Jersey on
Answered on Feb 8, 2019
Jason Brooks' answer
Sounds like you've got a collections matter on your hands, with claims for breach of contract, and also copyright infringement. In most cases, a legal demand letter does the trick. If it doesn't you either have to let it go, or file a lawsuit (either in small claims or civil court). I handle these types of matters regularly. Shoot me an email if you'd like assistance: Jason@altviewlawgroup.com

Q: How can I get a patent history: who both it. I need to know who is the actual owner of the patent: US D740,361 S

2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) on
Answered on Feb 7, 2019
Kevin E. Flynn's answer
The patent history would be available from USPTO Public PAIR. This would be the activity during the application for the patent and any responses from the patent examiner for this design patent application.

If all you want is the recorded assignment history, you can go to a separate database maintained by the USPTO

https://assignment.uspto.gov/patent/index.html#/patent/search/resultAbstract?id=D740361&type=patNum

If you found this answer helpful, you may want to look...

Q: HOW DO I GO ABOUT BUYING AN OLD TRADEMARKED BRAND LOGO OR RIGHTS TO IT?

1 Answer | Asked in Copyright and Trademark for Kentucky on
Answered on Feb 6, 2019
Marcos Garciaacosta's answer
If it is still in use and with valid registration you can contact the person who holds the registration.

You have the challenge of what the value.

If the trademark is not registered, you may have other options.

Consult an attorney and let me know if I can help.

Q: We have an illustration paired with the words, "In loving memory" copyrighted are we still vulnerable for a lawsuit?

1 Answer | Asked in Copyright for Iowa on
Answered on Feb 6, 2019
Marcos Garciaacosta's answer
To do a proper assessment we would need to look at what is being sold, in what format, etc.

A trademark protects the use of words for specific products or services. The key test is whether a person would be confused and think the product you are selling comes from the affected party.

Also even though a phrase is trademarked, previous users may have some common law rights to its use, based on prior use.

You should request a consultation with an attorney to get a better...

Q: Hello, how much would cost me to file anti cancer drug ?

2 Answers | Asked in Copyright and Patents (Intellectual Property) for New York on
Answered on Feb 5, 2019
Peter D. Mlynek's answer
To file a patent in the US will cost you $730, regardless of what the subject matter is.

How much will it cost you to get patent protection for an anti-cancer drug is a totally different question. As you know, cancer is the number 2 killer of people in most of the world, and will be #1 within a few years as we successfully battle heart disease. Cancer costs the society about $80 B / year in the US alone. Given that an anti-cancer drug may make you $10K to $100K per year per patient...

Q: Can an artist draw a picture from said photograph as in for a coloring book ? Is that still copywriter infringement?

1 Answer | Asked in Copyright and Intellectual Property for New York on
Answered on Feb 4, 2019
Ali Shahrestani, Esq.'s answer
If your drawing is a near or exact copy of another's art work, that sounds like copyright infringement. There are a few defenses: https://www.lib.purdue.edu/uco/CopyrightBasics/exceptions.html

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website,...

Q: Can I sell illustrations of the entrance of a defunct amusement park that was sold at public auction/demolished in 1933?

1 Answer | Asked in Copyright for Pennsylvania on
Answered on Feb 4, 2019
Peter Munsing's answer
I don't see why not--assuming the images aren't copyrighted. If they were the copyright may have expired.

Q: How would I go about finding out what exactly is trademarked for Game of Thrones, or ask permission to use it?

2 Answers | Asked in Copyright and Trademark for New York on
Answered on Jan 31, 2019
Jason Brooks' answer
I would start with HBO's licensing & retail department. A Google search should point you in the right direction. My firm handles these kinds of deals regularly - if you would like assistance, feel free to email me at: Jason@altviewlawgroup.com

Q: 1.- Is this trade mark based on the name of the singer BOY GEORGE? 2.- Is being BOY GEORGE used to make comercial 4 it?

1 Answer | Asked in Copyright and Intellectual Property on
Answered on Jan 30, 2019
Griffin Klema's answer
Your questions are unclear. Names can be registered as trademarks, but require the consent of the person whose name is being registered.

Q: Is it copyright infringement in 2018 for photo posted in 2014 if copyright wasn't filed until 2018?

2 Answers | Asked in Copyright for New York on
Answered on Jan 28, 2019
Jason Brooks' answer
A copyright is established the moment the work is produced in a tangible form (i.e. once the photo is created). So if you have exploited someone else's picture without authorization, you have committed copyright infringement. By registering a work for copyright with the US Copyright Office, an owner is not required to prove "actual damages" suffered by the infringement, which must be proven in court and can be very difficult to establish. Instead, by registering for Copyright, an owner has a...

Q: Can I register “Pikapool” word for conpany trademark?

2 Answers | Asked in Copyright, Intellectual Property and Trademark for Florida on
Answered on Jan 25, 2019
John Martin Hilla's answer
You should discuss with a trademark attorney. A trademark attorney will, as the first step of the service provided, conduct a thorough search of the Federal trademark register, state registers, domain names in use, and other common law usages of the term to find out if anyone is already using that term in commerce. The attorney will then inform you of the risk (or lack thereof, if you're lucky) involved in filing a trademark application for that term and discuss with you the optimal timing of...

Q: 5 years operating the website www.efymusic.com. The owner of the mark "efy" is now asking that I cease and desist.

1 Answer | Asked in Copyright and Trademark for Utah on
Answered on Jan 24, 2019
Jason Brooks' answer
You may still be able to register the trademark for use In Class 41 (Entertainment Services) with your scope of services limited to something like music production/distribution; but it really depends on the Summer Camps's mark - i..e how are they using it? What class are they registered in? etc.

If you want to email me, I'd be happy to review and discuss your options - Jason@altviewlawgroup.com

Q: How do I go about looking into a idea I have that's related to bail bonds and something I want to possibly invent safely

2 Answers | Asked in Consumer Law, Contracts, Copyright and Products Liability for Washington on
Answered on Jan 24, 2019
Ali Shahrestani, Esq.'s answer
Local law libraries provide ample self-help resources re: Intellectual Property and Business law. Typically a Non Disclosure Agreement is a great tool to help prevent disclosure of confidential information re: your ideas. You might need to ultimately file for a copyright, trademark, and/or patent, depending on the parameters of your idea. A clearly defined and written business plan is also a good starting tool. More details are necessary to provide a professional analysis of your issue. The...

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