Copyright Questions & Answers

Q: I'm a war/vintage style artist and I was wondering how can I legally use aircrafts and vehicles in all my prints?

1 Answer | Asked in Copyright and Trademark for Pennsylvania on
Answered on Jun 20, 2018
Peter Munsing's answer
As long as you aren't lifting the entire image and photo reproducing it no. You may paint a subject already painted--many art students do this. I'm not seeing the concern. If you are painting an aircraft shown in a photo it's not a copyright violation. I believe you may be over thinking this but if you have a specific concern why not ask a copyright lawyer.
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Q: Do I have copyright on a poster that I designed with a CC0 photo and a quote from someone who died 100+years ago?

1 Answer | Asked in Copyright for New York on
Answered on Jun 18, 2018
Benton R Patterson III's answer
Yes, but only to the extent of your contribution. You cannot claim copyright over what to took from someone else. But, you have a copyright in the assembled design you created.
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Q: Registering a trademark at EUIPO, which are pros and cons of choosing terms from Harmonised Database (HDB)?

1 Answer | Asked in Copyright on
Answered on Jun 18, 2018
Benton R Patterson III's answer
An attorney would need to know more about your business to answer this question. Generally speaking, you should make the description as accurate as possible of the services you provide. The harmonized database can be helpful, but if its not accurate, its better to use a custom description. If you think you do need a custom description, I would consult a trademark attorney.
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Q: How do u find out if someone has a patent on a wooded kite?

1 Answer | Asked in Copyright, Intellectual Property and Patents for Colorado on
Answered on Jun 17, 2018
Kevin Flynn's answer
The only way to know is to search. Even if you search you may have some small risk that a patent application is ahead of you in the pipeline but is not visible yet. However, searching is the commercially reasonable way to reduce your risk of running into a problem.

One strategy is to limit what you do to things in expired patents. That won't work for high tech but for some products where a solution from 20 years ago may be commercially viable today, that is safety. No one should be...
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Q: How does Tangle Inc still have the patent for the tangle toy? I remember grew up having it as a toy in my childhood.

2 Answers | Asked in Copyright, Intellectual Property and Patents for Michigan on
Answered on Jun 10, 2018
Peter D. Mlynek's answer
This type of a question is fairly common. How can there be a patent on something that has already been in existence many years before the patent was ever filed?

The answer almost always is that the patent claims a product that is somehow improved over the old product. There is something in the claims that seems totally unimportant when you read the claim, that actually makes the new product patentable over the old. This improvement does not have to be very drastic or really all that...
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Q: Hello, do i need a license to sell t-shirts with rick and morty characters and quotes printew on them ?

1 Answer | Asked in Copyright on
Answered on Jun 9, 2018
John Espinosa's answer
Yes, you need both a copyright and trademark license from the owner.
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Q: Can I use an abandoned trademark name / Make money doing so without repercussions.

2 Answers | Asked in Copyright, Intellectual Property and Trademark for Michigan on
Answered on Jun 7, 2018
John Espinosa's answer
Not necessarily. An abandoned could be revived, and could already or still be in use in commerce so is not necessarily available for use https://www.uspto.gov/trademark/laws-regulations/overview-final-rule-revivals-reinstatements-and-petitions-director
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Q: How can I prevent a politician from using my child's photos for political endorsement and promos?

2 Answers | Asked in Copyright, Libel & Slander, Patents and Trademark for Georgia on
Answered on Jun 7, 2018
Jason Brooks' answer
Sounds like you need to the help of an attorney to send a formal cease and desist letter. Beyond that, your only recourse is to file a lawsuit for Misappropriation of Likeness.
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Q: how do I know if an image/logo is trademarked?

2 Answers | Asked in Copyright and Trademark for Ohio on
Answered on Jun 6, 2018
Jason Brooks' answer
The only way is to conduct an image search via the USPTO's database of registered trademarks. Images are a bit tougher to research than word marks, because there's a bit of subjective interpretation in the description of the designs and their potential similarity to other registered marks. With that said, an experienced attorney can help perform these services and get your mark registered. If you'd like additional info, you can email me at: Jason@altviewlawgroup.com for help.
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Q: Is this license applicable to my software? https://cdn.shinobi.video/agreements/LICENSE.txt

1 Answer | Asked in Contracts, Copyright and Intellectual Property on
Answered on Jun 6, 2018
Andrew Zulieve Esq's answer
Dear Madam or Sir:

If you would please clarify what question you are asking, that would be appreciated. If you are inquiring if your use license can charge a fee for commercial use of the proprietary software, while allowing such use free for non-commercial purposes, I see no reason why not. However, I would enlist the services of an attorney experienced in drafting copyright licenses. In my opinion, that would be money well-spent.
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Q: I had my dog stolen off of my property, when I was not home.

1 Answer | Asked in Consumer Law, Copyright, Criminal Law and Animal / Dog Law for California on
Answered on Jun 6, 2018
Dale S. Gribow's answer
call the police.

my first trial 40 years ago was a dognapping. i have never heard of one since but the thief should be caught and prosecuted.
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Q: Are pokemon likenesses covered under their patent. For example may I use a creature that looks like a Squirtle.

1 Answer | Asked in Copyright and Patents for Louisiana on
Answered on Jun 5, 2018
Kevin Flynn's answer
Your question did not include a patent number. The first step of answering the question is to determine whether there is a patent that has issued and has not expired. You may want to do some searching using tips at my slide set http://bit.ly/Patent_Searching .

Generally the patent system is not used for images but design patents can cover the ornamental appearance of items including icons uses on computer or phone screens so I do not want to dismiss this out of hand.

Good...
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Q: I'm selling on amazon. But my registration status is 686 - Published For Opposition. How can I report other sellers?

1 Answer | Asked in Copyright and Trademark on
Answered on Jun 4, 2018
Benton R Patterson III's answer
A trademark that is published for opposition has not been registered yet. If no one opposes your mark during the opposition period, it will be issued.
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Q: Say a brand that sells the exact same products and services as I do is named “Chris”.. could I name my brand “Chris!”??

1 Answer | Asked in Copyright for Oregon on
Answered on Jun 4, 2018
Mr. Michael O. Stevens' answer
First, this would be a trademark issue, and secondly, I think there would be likelihood of confusion between the two marks.
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Q: A subscription service company used one of my videos from YouTube in their web series without contacting me what do I do

1 Answer | Asked in Copyright for Texas on
Answered on Jun 4, 2018
Jason Brooks' answer
Without hearing all the details, it sounds like you've got a valid case of copyright infringement. Feel free to email me to discuss your rights: jason@altviewlawgroup.com
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Q: I wrote a book. In it, characters say “it’s a trap” & “ i’ve got a bad feeling about this “. Is this infringing

1 Answer | Asked in Copyright for California on
Answered on Jun 4, 2018
John Espinosa's answer
Those are both examples of general statements that are not unique to those characters or to the work in question. Now if your characters had similar names to the other characters or other similarities then there might be copyright infringement.
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Q: We plan to create the Youtube Channel and register Trademark for the Name

1 Answer | Asked in Copyright and Trademark on
Answered on Jun 1, 2018
Benton R Patterson III's answer
Unfortunately, this doesn't have an easy answer. Searching for and evaluating conflicting trademarks is a large part of any trademark attorney's practice. You will need to consult with a trademark attorney. I would also recommend using a lawyer to help select what aspects of your branding can be protected by trademark law. There may be other aspects of your channel and/or videos that can be trademarked, such as intro segments or catch phrases.
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Q: How should I legally start structuring a record label business, register trademark and copyright?

1 Answer | Asked in Copyright, Trademark and Business Formation for Texas on
Answered on Jun 1, 2018
John Espinosa's answer
This is a very complex and specific question that cannot be fully addressed on here. As a starting point, this government resource explains the basics of copyright and trademark in the music industry:

https://www.uspto.gov/learning-and-resources/ip-policy/musicians-and-artists-profile

Read that, then go hire an entertainment lawyer with expertise in the music industry to best advise you on the details.
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Q: can I buy decals from graphics printer on line then apply to corn hole boards for resale? Their logos of college,MLB,etc

1 Answer | Asked in Copyright for Tennessee on
Answered on Jun 1, 2018
John Espinosa's answer
Selling online is still selling, and selling them with the decal on gives the appearance of being a licensed product when it is not. What you describe is using someone else's brand for commercial purposes without their permission. The printer may have the license to sell the decals, but that does not give you or anyone else the ability to use those decals to then sell products. You would need to license the logos from the owners of the trademarks and copyrights in question, because both apply.
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Q: I want to know if this site is legit. https://www.zpublishinghouse.com/pages/about-us

1 Answer | Asked in Copyright and Trademark for Georgia on
Answered on May 31, 2018
Jason Brooks' answer
The website appears to be legitimate, but to further protect your content, I'd register each one for copyright protection with the US Copyright office here: https://eco.copyright.gov/eService_enu/start.swe?SWECmd=Start&SWEHo=eco.copyright.gov

You don't need to indicate a copyright notice under each poem, unless the works are actually registered for copyright -- doing so doesn't actually create the copyright, since the copyright is essentially created the minute you write the story/poem....
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