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Some of them will have the word “Animal/Animals” in the title, internal pages, description etc. But there's a trademark for the word “ANIMALS” overseas, covering books. Does it mean that I can't include the word “Animal/Animals” either capital or lowercase in my book at all... View More 
answered on Nov 8, 2024
The titles of books cannot be copyrighted.
Foreign trademarks are not applicable unless you plan to sell in that country. If you are worried about trademarks in the U.S., I highly recommend hiring a qualified trademark attorney to run a clearance search to ensure you will not be infringing.... View More
answered on Jul 25, 2024
Based on the information provided, designing and selling your own Caitlin Clark t-shirts could potentially raise some legal issues related to trademarks and rights of publicity. Here are some key considerations:
Trademark Issues:
Caitlin Clark's name may be protected as a... View More
I have the meetings I had with them recorded and have emails and the app proposal they sent me.
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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
Company paid Artist for the mural. Contract states work is own by the company. Company wishes to merchandise the Mural image, (t shirts, postcards, keychain). The mural contains a Dodger player. Is the company allow to Merchandise, or company need license form MLB team.
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answered on Jun 19, 2024
Based on the information provided, there are a few key legal considerations:
1. Copyright ownership: If the contract clearly states that the company owns the rights to the mural, then the company likely holds the copyright to the artistic elements of the mural created by the artist.... View More
For an example, there's a Warner Brothers cartoon from 1932 called "The Shanty Where Santy Claus Lives." Warner Brothers never renewed copyright on the cartoon, so now it is public domain. But could an artist perform a cover version of the title song from the cartoon without paying... View More
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answered on Jun 15, 2024
Even if a film has entered the public domain, this does not necessarily mean that all of the creative elements within the film, such as songs, are also in the public domain. Songs and musical compositions can be separately copyrighted from the film itself.
In the specific example you... View More
In the 80's, prints of the public domain film, Night of the Living Dead, were only available in low resolution. Now, that same feature can be seen in high definition. I realize no one "owns" public domain material, but is there any protection against appropriation of published... View More
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answered on Jun 10, 2024
No, an individual cannot appropriate public domain films shown on TV or published on DVD without permission from the publisher, even if the underlying film itself is in the public domain. Here's why:
While it's true that no one owns the copyright to the original public domain work... View More
If I make a coloring book called "the unofficial [famous furniture company] coloring book without using any of the company's products and adding a disclaimer, can I be sued just for using the company name? Instead of using real products from said company, each page features a ridiculous... View More
answered on Jun 1, 2024
Instead of creating the "Unofficial Ikea Coloring Book" (or whatever famous furniture company you think) why not be a little more creative and make it something like "Denmark's (or Slovenia, or Latvia, Russia or some other country) answer to the Official Swedish furniture... View More
If I make a coloring book called "the unofficial [famous furniture company] coloring book without using any of the company's products and adding a disclaimer, can I be sued just for using the company name? Instead of using real products from said company, each page features a ridiculous... View More
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answered on May 30, 2024
Using a company's name in the title of a parody work could potentially lead to legal issues, even with a disclaimer. Here are a few key considerations:
1. Trademark infringement: If the famous furniture company has a registered trademark, they may claim that using their name in your... View More
If I make a coloring book called "the unofficial [famous furniture company] coloring book without using any of the company's products and adding a disclaimer, can I be sued just for using the company name? Instead of using real products from said company, each page features a ridiculous... View More
answered on May 30, 2024
Whenever anybody asks me, "Can I be sued?" my answer is, "Hey, this is America! You can always be sued." The right question is, "What risk am I taking?" Would the furniture company want to sue? If what you are doing is proper, the furniture company can still sue you.... View More
If I make a coloring book called "the unofficial [famous furniture company] coloring book without using any of the company's products and adding a disclaimer, can I be sued just for using the company name? Instead of using real products from said company, each page features a ridiculous... View More
answered on May 30, 2024
The U.S. Supreme Court redefined the parody exception to trademark law in 2023. In the case of Jack Daniel's v. VIP Products, the court held that trademark parody exceptions only apply to "noncommercial" products. Therefore, it is now much easier for famous trademark owners to sue... View More
If I make a coloring book called "the unofficial [famous furniture company] coloring book without using any of the company's products and adding a disclaimer, can I be sued just for using the company name? Instead of using real products from said company, each page features a ridiculous... View More
answered on May 30, 2024
A parody can be a fair use under the Copyright Act, meaning the creator of the parody does not need the permission of the owner of the copyright in the earlier work. The fair use doctrine also allows for the use of a trademark in a parody if it is used for commentary, criticism, new reporting,... View More
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answered on May 24, 2024
In California, for evidence to be admissible in small claims court, it must be relevant, reliable, and not overly prejudicial. If the defendant cannot access the evidence on a USB drive, you should ensure that the court can view the evidence in an alternative way, such as printed copies or... View More
POOPSI with the PEPSI logo 2. Can I copyright my parody so no one can steal idea
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answered on May 14, 2024
I will do my best to provide helpful information while being careful not to reproduce any copyrighted material. Here are a few key points regarding your questions:
1. Using a trademarked logo like Pepsi's in a parody is considered fair use in many cases, meaning you likely don't... View More
1) I want to create a few original designs inspired by Harry Styles' recent world tour called Love on Tour. Of course I would never use his name in the designs or advertisement, but is this illegal? Love on Tour itself is not trademarked as far as I have seen, but will I run into problems?... View More
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answered on May 6, 2024
I can provide some general guidance on your questions, but please keep in mind that intellectual property law can be complex and fact-specific, so you may want to consult an attorney for definitive advice tailored to your specific situation.
1. Using elements inspired by an artist's... View More
For example, Lets say League of Legends has a character who has red hair and is dressed as a pirate. If I make a similar character and post graphic content around that (privately). Could they take legal action against me? What if I don't mention the characters name?
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answered on May 6, 2024
This is a complex legal question that involves intellectual property (IP) law, specifically copyright and trademark issues. Let me break this down:
1. Copyright: Characters can be protected by copyright if they are sufficiently unique and well-developed. This means that creating a very... View More
This book was published once, about the voyage of the tugboat Eppleton Hall. This boat is in the collection of San Francisco Maritime NHP, and we have very few copies. The price of the book went way up after a YouTube video about the boat was posted. We'd like to make an electronic copy for... View More
answered on Apr 30, 2024
The public copyright catalog shows assignment in 1979 of the copyright in 122 titles including Eppleton Hall, from Howell-North Books to Leisure Dynamics of California, Inc. California records show that Leisure Dynamics' authority to do business was suspended in 1979 for failure to pay state... View More
This book was published once, about the voyage of the tugboat Eppleton Hall. This boat is in the collection of San Francisco Maritime NHP, and we have very few copies. The price of the book went way up after a YouTube video about the boat was posted. We'd like to make an electronic copy for... View More
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answered on Apr 30, 2024
To determine the copyright status of the book "The Eppleton Hall" by Scott Newhall, published in 1971 by Howell-North Books, we need to consider the following factors:
1. Copyright term: Under the Copyright Act of 1976, which took effect on January 1, 1978, the copyright term for... View More
During the contract period with the architect I hired, I captured a portion of the floor plan she designed in a photograph. I then created three different options by placing multiple squares over some spaces in the photo, each in different positions, and posted a question on a community website... View More
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answered on Apr 18, 2024
Based on the information provided, it's difficult to determine with certainty whether your actions constituted copyright infringement. However, there are a few key points to consider:
1. Copyright ownership: Generally, the creator of an original work, such as an architectural design,... View More
The film is about a pregnant woman and the camera pans to show some of the pregnancy and parenting books she is reading. The books are not mentioned or quoted, only the titles and authors are shown. The plan is to create our own cover art but use the actual titles and authors.
answered on Apr 6, 2024
When featuring the title and author of a book in your short film without using the cover art, you need to consider both copyright and trademark law.
1. Copyright Law: Copyright law protects original works of authorship, including literary works such as books. Displaying the title and... View More
The film is about a pregnant woman and the camera pans to show some of the pregnancy and parenting books she is reading. The books are not mentioned or quoted, only the titles and authors are shown. The plan is to create our own cover art but use the actual titles and authors.
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answered on Apr 6, 2024
In most cases, simply showing the title and author of a book in a film without using the cover art would be considered fair use and not require permission from the copyright holder. This is because you are not reproducing a substantial portion of the copyrighted work.
However, there are a... View More
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