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Copyright Questions & Answers
1 Answer | Asked in Copyright and Intellectual Property for Indiana on
Q: I am writing a parody of Elsa and Anna I have a disclaimer stating it is a parody

The names are the same there our no pictures of the charcters them self can i write the book under section 107 of the fair use act

Jason Brooks
Jason Brooks answered on Jan 22, 2021

Works of parody are generally acceptable forms of "fair use" protected from what would otherwise would amount to copyright infringement. As you've alluded, Section 107 does provide several examples of fair use, including uses of copyrighted works “for purposes such as criticism... Read more »

1 Answer | Asked in Copyright for Ohio on
Q: Is a short story from 1920 now in the public domain?

I would like to reprint in a book I am writing a story story that has its first publication date November 26, 1920. The author passed away in 1923. Can I print a copy of this short story in my book without permission and therefore not be subject to any legal repercussions? Thank you.

Timothy John Billick
Timothy John Billick answered on Jan 21, 2021

The particular work itself is in the public domain, yes. However, it's possible that *other* works using similar characters and the like could be protected by copyright law. Though your risk of infringement is low here, your best bet is to still consult with an IP attorney to cover your bases.

1 Answer | Asked in Copyright and Intellectual Property for Massachusetts on
Q: A photographer is claiming use of an image without permission and demanding copyright damages. What do we do?

N/A

Steve Charles Vondran
Steve Charles Vondran answered on Jan 20, 2021

There are many "photo trolls" out there seeking thousands of dollars for use of a single image. There are many different things we consider in deciding what amounts are fair and proper under the copyright law. For example, some factors to think of are:

1. Is the photo...
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1 Answer | Asked in Copyright for California on
Q: Is blurring a watermark on a video clip a direction violation of copyright law or is it legal?

We own a list channel on YouTube, we make videos such as “7 Biggest Houses in the World” everything is under fair use (we have a voiceover over the clips and we use minimal footage as possible) and sometimes there are watermarks on video clips, are we allowed to blur the watermarks on the clip?... Read more »

Bernard Samuel Klosowski
Bernard Samuel Klosowski answered on Jan 17, 2021

The questions are very fact specific, so an IP attorney should be consulted for legal advice.

Generally speaking, it's not uncommon to confuse or conflate copyright "Fair Use" and trademark "Fair Use" and to misunderstand the role and limits of "Fair...
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1 Answer | Asked in Copyright and Criminal Law for Idaho on
Q: Idaho if I sent provocative pictures of myself in bra and underwear or a sexy lingerie to my spouse then we break

Is it legal for them to post it on Facebook. It technically doesnt show the actual private part but pretty close. Or when i sent it to them thru text was that consent enough.

Kevin M Rogers
Kevin M Rogers answered on Jan 15, 2021

Your ex is committing a felony in Idaho, called Video voyeurism.

Idaho Code says:

A person is guilty of video voyeurism when:

(a) With the intent to annoy, terrify, threaten, intimidate, harass, offend, humiliate or degrade, he intentionally disseminates, publishes or sells...
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1 Answer | Asked in Copyright for Illinois on
Q: Arcade cabinet side art for personal use. is this derivative work?

I am making an arcade cabinet to sit in my basement and to be played by my family. The side art is a compilation of artwork from artists who drew video game characters but I changed the art so the characters look like members of my family. The poses, shading, expressions still look very much like... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 15, 2021

Using the work and creations of others is definitely infringement even if there is no economic benefit.

1 Answer | Asked in Copyright for Kansas on
Q: I have a question about "fair use" I think. I am wiring a sports biography, including a few newspaper stories.

Each story, in my book, has the name of the newspaper, name of reporter, Page No. and date. Then the story itself. Do I need to have permission from the newspaper? I have verbal permission, but I got that 20 years ago (I wrote the book 20 years ago, I am just now getting it published), and the... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 13, 2021

be careful

if you are reproducing the whole article you should consider seriously getting permission

your risk is very high

1 Answer | Asked in Copyright for Washington on
Q: Can a fire dept. use an image based on Rocket from Guardians of the Galaxy as their station logo? (FF's = Guardians)

I am Logistics Chief of a mid-sized fire department. To encourage camaraderie at the fire stations, personnel are encouraged to come up with a station logo / mascot. One station in particular at my department has a main response area that covers the "gate" of a major military base.... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 13, 2021

You should ask nicely to Marvel. They may say yes.

2 Answers | Asked in Copyright for Ohio on
Q: Are photographs taken of President Abraham Lincoln delivering his Second Inaugural Address in the public domain?

The photo in question was taken on March 4, 1865, by an employee, probably by Alexander Gardner, if so, of a privately-owned photography studio, owned by Matthew Brady. Can I reprint one of these photos in a book and be free of any legal consequences? Thank you.

Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 13, 2021

NO.

It depends on how you get your hand on the photo.

IF you go to where the original is and they allow you to take a photo, then maybe.

Most reproductions you will find online have their own trail of copyrights.

Just like anybody can take a picture of the statute of...
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1 Answer | Asked in Copyright on
Q: How do I get rights to a Fats Domino song?

I own a Video Production company and I want to run an advertisement featuring a song by Fats Domino

Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 13, 2021

Google who is the copyright manager.

1 Answer | Asked in Copyright on
Q: Hi there, I was wondering whether the below listings on etsy and ebay are a copyright infringement, or is this allowed?

These are the listings:

https://www.ebay.com/itm/Avengers-Endgame-Signed-Film-Script-X32-Chris-Evans-Hemsworth-Downey-Jr-reprint/283704141227?hash=item420e15a5ab:g:~6UAAOSw31pdD-~p... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 13, 2021

Sorry but there is no ways somebody will give you free legal advise of this volume and magnitude.

If you think this is a business opportunity you need to budget and pay for legal counsel.

1 Answer | Asked in Copyright on
Q: I founded the website pokevault.com 10 years. Someone is now using thepokevault.com website selling pokemon products.

Is there anything I can do? I do not have the name pokevault trademarked, but I created the name "pokevault" and it has become a household name for selling Pokemon items. Now someone is trying to profit from my websites popularity by using my name in their URL address. I understand that... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 11, 2021

You can approach him nicely. You can file a complaint and ask ICANN to take the domain away.

You should contact an attorney fast.

2 Answers | Asked in Copyright and Trademark for California on
Q: I am planning to start self-publishing books under a pen name. What legal steps do I need to take in order to this?

I'm a little confused about the process. I'm forming a LLC, but beyond that, do I need to create a DBA in the pen name? Do I need to trademark it? Do I need register for a copyright?

Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 11, 2021

You should definitely sit down with an attorney and understand all the issues associated with it.

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1 Answer | Asked in Copyright and Patents (Intellectual Property) for Florida on
Q: What ways are there to have custom container holdings a persons feet that can be inserted in between 2layers of silicone

I want to be able to have a pocket for each foot to fit into (like a shoe) made of a silicone material that can fit in between 2 layers of silicone that looks and works like a Mermaid tail. Such as a mono fin or Flippers that are connected and require a swimmer to use both feet at once, unlike... Read more »

Liliana Di Nola-Baron
Liliana Di Nola-Baron answered on Jan 9, 2021

I suppose you are asking whether you can get a patent for your product or conversely, whether your product could potentially infringe another patented product. A patent attorney can do a patentability search on your product and review patented products to provide you with an opinion on both these... Read more »

2 Answers | Asked in Copyright and Intellectual Property for Kentucky on
Q: Is it legal to use pictures found online for private use?

My family and I play dnd as a small group. Is it legal for us to use images from google as tokens for our characters?

The tokens do not get distributed and the images are only seen by us.

Would this qualify as fair use or would we need to seek permission to use the pictures.

Steve Charles Vondran
Steve Charles Vondran answered on Jan 8, 2021

This is a very important question. Before you invest in creating products or services using images found online, it is important to know who the "rights holder" is (the person who owns the legal rights to the photograph).

In some cases, a photo may be in the public domain, but...
Read more »

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1 Answer | Asked in Consumer Law, Copyright, Business Formation and Business Law for Indiana on
Q: Can I buy a website very similar to a popular brand’s site and use that to sell similar merchandise?

The website I would be buying is the same words just moved around. And the merchandise would potentially be clothing designed to look similar to the original brand’s clothing but not the same. Or would it be legal to offer this new and similar domain to the owner of the original for a price?

Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 8, 2021

don't do it

too close for comfort

you can be sued

consult with an attorney

2 Answers | Asked in Copyright, Civil Litigation, Civil Rights and Communications Law for Alabama on
Q: a you tube program has published photos of me without my permission, It is illegal? I don't want them to use my image

a you tube program has published photos of me without my permission, It is illegal? I don't want them to use my image

Timothy John Billick
Timothy John Billick answered on Jan 6, 2021

We all have a right of privacy, which includes our "right of publicity." However, if your image was taken while you were in a public place, and/or your image was only briefly shown, it will be much harder to assert your claim. Please consult with an IP/privacy attorney to fully assess your rights.

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2 Answers | Asked in Copyright for Oregon on
Q: How can i trademark the phrase 'If it flies it dies'? i searched it and it says the status is cancelled.
Evelyn Suero
Evelyn Suero answered on Jan 6, 2021

A cancelled trademark registration does not mean that a trademark is no longer is use. Moreover another business may have started using a similar mark for similar goods/services. Before submitting a trademark application, it is recommended that you work with a trademark attorney to assist you with... Read more »

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1 Answer | Asked in Copyright and Trademark for Pennsylvania on
Q: Can I put “one tree hill” on a tshirt and sell it?? Or sell a tshirt with the show character names on it?
Timothy John Billick
Timothy John Billick answered on Jan 4, 2021

This course of action runs a high risk of copyright infringement. Copyright protection extends to television characters and television shows. It is also possible this show has a trademark separately on the show name as well. As always, please consult an experienced intellectual property before you... Read more »

2 Answers | Asked in Copyright and Trademark on
Q: Can someone guide us on how long does it take to get a Trademark registered & the cost affiliated?
Evelyn Suero
Evelyn Suero answered on Jan 3, 2021

According to the USPTO, the processing time may be anywhere from almost a year to several years, depending on the basis for filing, and the legal issues which may arise in the examination of the application. The initial application fee for trademark registration at the USPTO is currently between... Read more »

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