I am developing a NFT collection based on animated sitcons. I know that tracing over the character image to create a new art work is illegal. But what about assets present in the character picture? Things like hats/hairs/clothes and other assets. Can I trace over this assets present in the original... Read more »
Your question concerns whether the proposed use of the copyrighted material is covered by the "fair use" defense to copyright infringement. Fair Use under Section 107 of the U.S. Copyright Act provides for certain cases where permission from the rights holder is not required. Courts...Read more »
The answer depends on many variables such as are you going to make business with these shirts? Are you going to use the shirt only for your private purposes (like wearing it by yourself)? If you are going to sell these, are there similar/identical trademarks in such segment in your country?...Read more »
I am working at a fortune 500 company as a software developer. At the time of employment, I signed an agreement that said if I work on anything even during my own time the company would own it. Is there a statute of limitation on the contract? If I make a service/product now while employed at the... Read more »
Each case is different but generally speaking, under the U.S. copyright laws, works created by employees within the scope of their employment are considered "works made for hire" and are owned by the employer and not the actual employee who created such works. Works are also considered...Read more »
I had a book published through a publisher and they charged me to get the copyright. Then when I went to another publisher for a second book and they said the first publisher couldn't do that, that it was illegal.
Most likely you agreed to terms of a contract with the first publisher that enabled it to charge this, which is predatory. Registering the copyright in a book is a trivial expense (copyright office electronic filing: single author, same claimant, one work, not for hire, $45) and generally is just...Read more »
If you co-authored the books, then you could be a joint author and copyright owner with the deceased writer. Giving your co-author their attribution would be appropriate and giving their estate their portion of any proceeds due to the sale of the books is also appropriate. More facts may be...Read more »
I am publishing a book of then and now photos. The "then" photos are public domain and some of the "now" photos contain the exteriors of a business shot from the street. Do I need permission from the business to publish the photo?
I received an email from Etsy that another shop owner accused me of intellectual property infringement. The products were both shirts that have the phrase "but did you dye?" on them (different designs). Her shirt does have "TM" after the name in the product title, but I looked... Read more »
I am a wedding coordinator. An all-inclusive venue hires me to coordinator their weddings for their couples. They do the same with every vendor, they hire the DJ, the caterer, everyone. They give credit on social media to every vendor except me. They tag themselves as the Coordinator. We do not... Read more »
Can you successfully sue the vendor for not giving you credit (i.e.: free advertising) for the work you do for them? No; just because they give others who work for them, they don't have to give you credit. How have they tried to prevent you from advertising your business?
I own a small business that prints artwork wholesale for individuals and businesses. We take every necessary precaution that we’ve purchased rights to most of the art that we print, but some art comes to us by email from businesses that assure us they have permission to reproduce it. What if... Read more »
If, as you say, it is copyrighted material that you are copying, then copying it could be infringement even if no distribution occurs and even if no commercial use is made of it. It would not be infringement, however, if the portion copied is not protected by copyright. For example, if the only...Read more »
I like discovering strange vintage pieces and I don't necessarily want to make "replicas" as I do want to make some alterations to the antique designs/make them more modern/brand-able. I just want to make sure I'm not stepping on anyone's toes/ violating some... Read more »
I am a music producer and am in the process of creating an emblem and font style for my artist name. I found the font online. It is the "Alien Resurrection" font. Am I able to use this font to spell my name out to be represented as such or is that not aloud?
The copyright law does not protect typeface or mere variations of typographic ornamentation or lettering. 17 U.S.C. § 102(b); 37 C.F.R. § 202.1(a), (e). Typeface includes typefonts, letterforms, and the like. Specifically regarding the "Alien Resurrection" font designed by Film Himmel...Read more »
For example if I am on Instagram and I see a handsome man or beautiful woman and I paint that man or woman as close as I can to the original in a totally different setting and then sell that painting can I be Infringing on any copyright laws.
Yes, it's possible that your paintings might infringe the copyright of the person who owns the copyright in the photo. It depends on whether your image is "substantially similar" to the photos. From the sound of it, it is your intent to paint the image as similar as possible to the original.
I own a video production company and some of my clients like to use popular songs for their wedding videos. I am personally not against it but I don't want a client to not fully have the option to use it. so is there a way that I can add to my contract that they can use the song of their... Read more »
I was fished by SMG and paypal was frozened.They said i infringe copyright.I'm a foreigner and not in US,SMG just send an email to me and no substantive documents were served.Is that legal?And does Florida court have jurisdiction?How much does it cost to hire a lawyer?Can you help me win the case?
Do you mean "phished"? If so, you may be correct; it appears to possibly be a scam of some sort. Just because someone sent you an email claiming to be "SMG" doesn't mean that you have actually been sued.
I would suggest that the question is not so much whether publishing and selling the NFTs is "legal," but whether Nike can and would assert their legal rights (trademark and copyright rights) against you for doing so. The answer is probably "yes" to both.
A trademark is what you are looking for. In the United States, they are established through use in commerce ("common law trademark.") To protect your rights in it, though, you should register it. Trademarks can be registered with a state or a federal government office. Federal...Read more »
Fees to copyright songs have risen greatly. While one can copyright a batch of songs (10) to save on fees I am looking for an alternative. As a song author, how can I protect a song without having to initially copyright it?
If the interest was to be had in a particular work I'd... Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.