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Florida Copyright Questions & Answers
2 Answers | Asked in Copyright and Intellectual Property for Florida on
Q: If I wanted to copyright art for a new card game, would that protect just one card, or every single one?

I'm making a new card game, and while all of the art is original, I'm worried someone might steal it. If I were to copyright it would it protect all of my art or just one single card?

James L. Arrasmith
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answered on Apr 25, 2024

When you create a card game with original artwork, you automatically have copyright protection for each individual piece of art you created. However, registering your copyright with the U.S. Copyright Office (assuming you're in the United States) provides additional benefits and makes it... View More

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2 Answers | Asked in Copyright and Intellectual Property for Florida on
Q: If I wanted to copyright art for a new card game, would that protect just one card, or every single one?

I'm making a new card game, and while all of the art is original, I'm worried someone might steal it. If I were to copyright it would it protect all of my art or just one single card?

Alan Harrison
Alan Harrison
answered on Apr 24, 2024

You could file a copyright registration for each individual card or for the whole set of cards. If you file for the whole set as one registration and someone copied just one card there is an argument that their copying would be de mínimus (not a big deal) compared to the whole set of cards.

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1 Answer | Asked in Copyright and Intellectual Property for Florida on
Q: If I modify a Japan art work that is copyrighted am I subject to American or Japanese Copyright law?

I am living in the United States, this is a non profit fan image, i have no intentions of profiting or selling the image

James L. Arrasmith
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answered on Apr 11, 2024

In this case, there are a few key considerations:

1. Jurisdiction: Generally, copyright infringement lawsuits are governed by the laws of the country where the lawsuit is filed. As you're based in the U.S., it's likely that U.S. copyright law would apply if a lawsuit was brought...
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2 Answers | Asked in Copyright, Business Law and Intellectual Property for Florida on
Q: I am making a product that can accompany books. Is it legal if I say “pairs well with (name of a book not written by me)
James L. Arrasmith
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answered on Apr 5, 2024

It is generally legal to say that your product "pairs well with" a specific book, even if you did not write that book. This would likely be considered nominative fair use.

Nominative fair use allows you to refer to another party's product or work in order to describe your...
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1 Answer | Asked in Copyright and Intellectual Property for Florida on
Q: Are quotes from books copyright infringement?

I am in the process of developing a content series for TikTok, focusing on the literary world. The essence of my project involves creating videos that feature narrations of quotes from various books, accompanied by original artwork inspired by the narratives.The videos are intended to be... View More

James L. Arrasmith
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answered on Mar 29, 2024

When it comes to using literary quotes in videos, especially in a commercial context, navigating copyright laws can indeed be complex. The concept of "fair use" is particularly relevant here. While fair use might cover the use of quotes to a certain extent, the commercial nature of your... View More

3 Answers | Asked in Intellectual Property, Copyright and Trademark for Florida on
Q: Can an organization copyright specific words as part of a business name vs. logo?

We recently set up an LLC for Salt Life Aesthetics and Specialty Care as well as the domain saltlifecare.com since then we've received both an email and certified letter from Salt Life, LLC demanding we cease and decease using "Salt Life" in our business name. Meanwhile there are... View More

James L. Arrasmith
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answered on Mar 26, 2024

It's important to understand that an organization can indeed protect certain words or phrases, especially if they're integral to their brand identity, through trademarks. When it comes to business names, what matters most is the likelihood of confusion in the market. If your business... View More

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3 Answers | Asked in Intellectual Property, Copyright and Trademark for Florida on
Q: Can an organization copyright specific words as part of a business name vs. logo?

We recently set up an LLC for Salt Life Aesthetics and Specialty Care as well as the domain saltlifecare.com since then we've received both an email and certified letter from Salt Life, LLC demanding we cease and decease using "Salt Life" in our business name. Meanwhile there are... View More

Linda Liang
Linda Liang
answered on Mar 26, 2024

It depends. A close examination of their request is warranted. If their registered trademark covers the service you provide, and your use of your business name "is likely to cause confusion in the minds of consumers about the source or sponsorship of the goods or services offered under the... View More

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Q: Can I still get any royalties, can I modify my design to re submit?!

My design expired can I modify it for resubmission, is their possible law suits I can receive compensation from?

James L. Arrasmith
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answered on Mar 5, 2024

Based on the limited information provided, I'll try to address your questions as best as I can.

1. Royalties: If your design patent has expired, you will no longer receive royalties from it. Once a patent expires, the invention or design enters the public domain, meaning anyone can...
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1 Answer | Asked in Copyright, Intellectual Property and Trademark for Florida on
Q: If my legal name is Billy, can I name my business Billy The Kid - Home Repair& Restoration?
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answered on Mar 2, 2024

Choosing a business name is a significant step in establishing your brand and presence in the market. Using your legal name, Billy, as part of your business name, such as "Billy The Kid - Home Repair & Restoration," is generally permissible. However, it's essential to consider a... View More

1 Answer | Asked in Copyright and Intellectual Property for Florida on
Q: Can a church sing songs while on a LIVE (Facebook, Instagram, TikTok...)? Almost all the song by a recording artist

The 17 U.S. Code 110 does not state that a disclaimer has to be posted.

James L. Arrasmith
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answered on Feb 21, 2024

While churches may stream live services on platforms like Facebook, Instagram, or TikTok, it's essential to be mindful of copyright laws when using recorded songs during these broadcasts. The fact that the songs are performed live in a church setting does not exempt them from copyright... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Florida on
Q: I make wood cut maps, can I use the name of a University in a map, no logos just the name
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answered on Feb 4, 2024

Using the name of a university on a woodcut map can potentially raise trademark and intellectual property concerns. While you're not using logos, universities often have trademark protection for their names to prevent unauthorized use for commercial purposes. Whether you can use the name... View More

1 Answer | Asked in Copyright, Entertainment / Sports, Gaming, Trademark and Intellectual Property for Florida on
Q: can I use an unrecognizable video game character to hit a block similar to Mario Bros?

On my website I'd like to have an unrecognizable character jump up and strike a block having an item come out of the block. The motion would be similar to the Mario bros. Would this create any copyright issues with Nintendo?

James L. Arrasmith
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answered on Feb 1, 2024

Using an unrecognizable character in a video game-like scenario, where the character jumps and hits a block to release an item, may still raise potential copyright issues with Nintendo or other video game companies. While the character itself may not be recognizable as a specific copyrighted... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Florida on
Q: Is Mickey Mouse protected by copyright and trademark? How can it be protected by both types of intellectual property.
James L. Arrasmith
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answered on Jan 23, 2024

Mickey Mouse, as a character and brand, is indeed protected by both copyright and trademark laws. Copyright protects original works of authorship, such as movies, books, and artwork, including animated characters. Mickey Mouse, as a creation of Walt Disney, falls under this category, safeguarding... View More

2 Answers | Asked in Copyright, Trademark and Intellectual Property for Florida on
Q: Would Using the same color palette as waste management for branding of my dog poop removal business be illegal

The Waste Management Logo Colors with Hex & RGB Codes has 2 colors which are Cadmium Green (#026937) and American Yellow (#EDAA00). If I use these colors for my Dog poop removal business branding/logo/car wrap will I open myself up to litigation

James L. Arrasmith
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answered on Jan 5, 2024

Using a similar color palette to that of another company, like Waste Management, in itself is not typically illegal. Colors alone are generally not sufficient to constitute a trademark infringement unless they have acquired distinctiveness and are strongly associated with a particular company or... View More

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1 Answer | Asked in Trademark, Copyright and Intellectual Property for Florida on
Q: Hi, are the decorative patterns on the Pfaltzgraff Yorktowne dish wares trademarked or can I sell paint stencils of them
James L. Arrasmith
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answered on Nov 28, 2023

No, the decorative patterns and designs on Pfaltzgraff Yorktowne dishware lines are very unlikely to be protected by active trademarks or eligible for trademark protection. Therefore, you should generally be free to sell paint stencils replicating those patterns without infringing trademarks.... View More

1 Answer | Asked in Copyright and Intellectual Property for Florida on
Q: Can links be intellectual property?

Heres the dilemma: Person 1 runs a Nike monitor and pays for it to give out Nike links to members that paid a subscription which allows them to get hype releases first. Person 2 else just posted a link from that Nike monitor (using the monitor's domain) to the public for free. Does that... View More

James L. Arrasmith
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answered on Oct 31, 2023

In general, mere URLs or links themselves are not considered intellectual property. However, the issue here isn't just about the link but about the service Person 1 provides. If Person 2 is accessing Person 1's paid service and redistributing its contents without permission, there may be... View More

2 Answers | Asked in Copyright and Intellectual Property for Florida on
Q: I'm trying to avoiding copyright problems. if i use a copyrighted character but omit their name, am i still in trouble?

I'm trying to use Warner Bros characters in a fangame and not get sued

James L. Arrasmith
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answered on Sep 7, 2023

Utilizing copyrighted characters without permission can indeed raise significant legal issues, including potential copyright infringement claims. Even if you omit the name, if the character is recognizable through appearance or other distinctive characteristics, it could still be considered... View More

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2 Answers | Asked in Copyright and Intellectual Property for Florida on
Q: I'm trying to avoiding copyright problems. if i use a copyrighted character but omit their name, am i still in trouble?

I'm trying to use Warner Bros characters in a fangame and not get sued

T. Augustus Claus
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answered on Sep 4, 2023

Using copyrighted characters without permission from the copyright owner, even if you omit their name, can still potentially lead to copyright infringement issues. Copyright law protects the expression of an idea, including characters, and not just their names. If the characters you are using are... View More

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1 Answer | Asked in Copyright, Intellectual Property, Internet Law and Contracts for Florida on
Q: I need help regarding account closure from a livestream platform I worked on as an influencer. I believe they violated.

I believe they violated TOS. My account was banned while I wasn’t even streaming. They never told me why I was banned which in their terms of service states they have to apon request. They allowed a lot of bullying and illegal behavior to occur and didn’t defend me from phishing fake accounts... View More

James L. Arrasmith
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answered on Aug 6, 2023

Hi there! Happy Sunday.

If you believe your account closure on the livestream platform violates their Terms of Service and you have been waiting for a response since March 2023, you may consider taking the following steps:

1. Review the platform's Terms of Service and policies...
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2 Answers | Asked in Copyright, Intellectual Property and Trademark for Florida on
Q: I began a Facebook page then group page & IG all as Solid Perfume Collectors. How do I trademark the name? Do I need to?

I am currently writing a book and probably will have several books which all refer to the name of my group SOLID PERFUME COLLECTORS. I also plan later to begin a website under that same name which is why I'm wondering if I would have to trade mark it. What would be the benefits? What would be... View More

Eric Estadt
Eric Estadt
answered on Jul 6, 2023

First, I want to caution that it is necessary to check whether the trademark is in use by anybody else prior to beginning use yourself, or you could be on the receiving end of a cease and desist letter or lawsuit. I recommend hiring an experienced trademark attorney to advise you on the risks and... View More

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