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 »
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.
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.
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:
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 »
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 »
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 »
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 »
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.
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 »
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 »
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 »
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 »
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?
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.
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 »
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 »
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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