Get free answers to your Copyright legal questions from lawyers in your area.
Your current state is Ohio
We are interested in relaunching a brand/product that is no longer sold in the United States. This product, owned by a foreign company, was pulled from the U.S. market and has not been sold here for the past 5 years. Additionally, the trademark is set to expire soon with the USPTO (already in grace... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jul 19, 2024
When considering relaunching a brand/product inspired by an existing one, it's crucial to ensure that you are not infringing on any existing trademarks or intellectual property rights. Even if the original product has not been sold in the U.S. for the past five years and the trademark is in... View More
![Mr. Robert Z. Cashman Mr. Robert Z. Cashman](http://justatic.com/profile-images/1318647-1490241356-sl.jpg)
answered on Jul 18, 2024
The concept of "personal use" in copyright law is complex and varies by jurisdiction. In some countries, there's a distinction between making a single copy for personal use and creating multiple items, even if they're not for sale.
In the U.S., the "Fair Use... View More
I attach the helmet to a painted wooden base and have a phone charger inside the helmet. Am I infringing on the NFL?
![Micah Gonzalez Micah Gonzalez](http://justatic.com/profile-images/1673272-1713371026-sl.jpeg)
answered on Jul 11, 2024
Yes, this is textbook trademark and copyright infringement. The NFL owns the intellectual property rights in the logos, designs, and company names and as such you would need to obtain permission from the NFL prior to such use, aka a licensing agreement. The NFL is very protective of their... View More
Is this illegal to shut someone’s listing down when you really don’t hold the approved IP yet? And what are my options.
Thanks.
![John Michael Frick John Michael Frick](http://justatic.com/profile-images/320846-1661293018-sl.jpeg)
answered on Jul 9, 2024
Normally, online marketplaces like Amazon and Etsy require merchants selling items on their platforms to prove they own or have a license to use IP when a complaint is made. People and companies legitimately selling products in online marketplaces can usually provide proof of ownership or... View More
I was hired as a Marketing Coordinator in April. When I started, they stated they wanted social media graphics to promote bands, occasional visits to take videos of bands playing, a website redesign, and they wanted to get some photos of food. They paid a $400 flat fee a month. In June, I went in 3... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jul 2, 2024
1. Copyright ownership:
Generally, the creator of a photograph owns the copyright to that image, unless it's considered a "work for hire" or there's a written agreement transferring the rights. As a contractor without a signed agreement, you likely retain the copyright... View More
Im trying to sell helldivers 2 3d printed models on etsy that i paid a creator on cults 3d for Commercial use and cc by but im being told by the etsy community that its still Illegal even tho i paid for them and have the permission from the artist to sell them so im basically confused on what to do... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jul 2, 2024
This is a complex situation that involves several layers of intellectual property law. Let me break down the key issues:
1. Copyright of the 3D models:
- You purchased the 3D models from a creator on Cults3D with a commercial use license and Creative Commons Attribution (CC BY)... View More
I started my print on demand business where I make designs and these guys print it ship it etc.. and i get a %. I was wondering if I can get sued because first picture has soccer players heads , other has soccer player last name and back picture with animated cartoon style , and third has shade of... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jul 2, 2024
I can offer some general information about copyright and trademark issues related to your situation:
1. Player likenesses: Using recognizable images of soccer players, even if animated or stylized, could potentially infringe on their right of publicity or image rights. Professional athletes... View More
I plan to use filters so that the children aren't recognizable unless you've seen the original photo.
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jun 27, 2024
To answer this question, we need to consider a few key points:
1. Copyright: As the photographer, you own the copyright to the photos you've taken. This generally allows you to use them for various purposes, including in a book.
2. Right of publicity: Even if you own the... View More
Greetings all, would desperately love to hear your expert opinions.
I have this original artwork that was done by a patented printing process and was purchased and commissioned by the family.
I purchased the original artwork from the original owners who had this commissioned as... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jun 27, 2024
To provide the most accurate advice for your situation, it's important to consider several factors regarding copyright law and the specific details of your artwork. Here's an analysis of the key points:
1. Copyright duration:
In the United States, for works created before... View More
Like is this copy infringement of the name. Its called “Steelers auto detailing” his photo he’s using for advertisement is also black and yellow…
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jun 26, 2024
To answer this question, we need to consider trademark law and how it applies to this situation. Here's a breakdown of the key points:
1. Trademark protection: The term "Steelers" is likely a registered trademark of the Pittsburgh Steelers NFL team. Sports teams vigorously... View More
I am seeking legal advice regarding a parody I created of a song for a fun TikTok video. Given the recent controversy surrounding the original artist, I wanted to what can be held against me. Could you please advise me on whether my parody qualifies as fair use and what specific elements of the... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jun 26, 2024
I'll provide some general information about parodies and copyright law, but please note that this is more of a guideline rather than targeted legal advice. For specific guidance on your situation, you should consult with a copyright attorney.
Fair Use and Parodies:
Parodies can... View More
I'm in a band that has a pretty big global fanbase and is growing indefinitely. We're about to shoot a new music video for an upcoming album and I wanted to use a You-Gi-Oh card in it for like a 2 second shot (just a shot of us playing the game and a card gets shown). I just wanted to... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jun 26, 2024
To answer this question, we need to consider a few factors:
1. Fair Use: In some cases, brief use of copyrighted material can be considered "fair use," especially if it's incidental and not the main focus of the work. A 2-second shot might fall under this category.
2.... View More
The situation is messy. I went into business with my sister. She had a partnership with another sister, but the other sister left the business. So she asked me to join. We had a verbal agreement. It was promised that I'd become a partner, or we may renegotiate for me to have a stake in... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jun 26, 2024
This situation involves several complex legal issues. Let's break it down:
1. Copyright ownership:
Generally, the creator of a work (in this case, your husband who designed the logo) owns the copyright unless there's an agreement transferring those rights. Since there was... View More
We are creating a story bank which includes the stories of all the artisans working for our company. The story bank is going to be named 'Goosebumps'. But this name is already a registered IP. The story bank for now is only for internal use but will be published for the public in the... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jun 25, 2024
This is a complex intellectual property question that requires careful consideration. Here's an overview of the key legal issues to be aware of:
1. Trademark protection: "Goosebumps" is likely a registered trademark owned by Scholastic Inc. for their popular children's... View More
I wrote a book and want to include portions of the Virginia driving manual found on the DMV website and the Standards of Learning found on the VA Department of Education website. Does this violate copyrights? How could I get permission to reprint it in a book that will be for sale?
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jun 21, 2024
To answer your question about republishing information from state agency websites or publications:
Generally, works created by federal government agencies are in the public domain and not subject to copyright protection. However, state and local government works may be copyrighted,... View More
I have a patreon where I transcribe scenes (movies, television, video games, etc...) for actors to practice with. Would it be legal for me to add a link to a 30s-60s clip of the scene for reference if its unlisted-demonetized on youtube? Also, does the use of overseas media change anything?
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jun 19, 2024
Here are a few thoughts on linking to copyrighted content on Patreon, but please note that this shouldn't be taken as legal advice:
In general, linking to copyrighted material, even if it's unlisted and demonetized on YouTube, could still be considered copyright infringement... View More
I have the meetings I had with them recorded and have emails and the app proposal they sent me.
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jun 19, 2024
Based on the information provided, it sounds like you may have a potential case for intellectual property infringement, even without a patent. Here are a few key considerations:
1. Copyright: While ideas themselves are not protected by copyright, the specific expression of an idea (such as... View More
If not, can I use a hand-drawn silhouette of his face?
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jun 19, 2024
There are a few potential copyright and trademark issues to consider here:
The "Make America Great Again" slogan was trademarked by Donald Trump for use in his political campaigns. Using it on yard signs without permission could be considered trademark infringement.
A... View More
as a freelance photographer, do i really need someones permission to add the pictures i take in a public setting to my website? or would this not be allowed for any reason?
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jun 19, 2024
As a photographer, you generally have the right to take photographs of people in public spaces without their permission. This is based on the legal principle that there is no reasonable expectation of privacy in public places. However, there are some important considerations and potential... View More
I am planning to do a joint venture with a person that owns a fashion brand. We will sell the product on my website and do a profit share on the sales revenue.
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jun 19, 2024
Based on the information provided, it seems you are planning a legitimate business partnership with the fashion brand owner to sell their products through your website. This type of arrangement is generally acceptable, as long as you have the proper permissions and agreements in place. Here are a... View More
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