Have a Legal Question?

Get Free Answers From Experienced Lawyers!

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Idaho Copyright Questions & Answers
2 Answers | Asked in Business Law, Contracts, Copyright and Intellectual Property for Idaho on
Q: Can I modify and resell books from a wholesale retailer like Faire Marketplace?

I want to buy books from a wholesale retailer, like Faire Marketplace, to rhinestone the covers and spray the edges for resale. Faire has terms against copyright and IP infringement, but it's unclear if decorating the book (without altering its content) counts as infringement. I'm... View More

Christie Dudley
Christie Dudley
answered on Sep 30, 2025

This is a great question! The fundamental nature of copyright is that you may not copy things that you do not own the rights to. Here, you look to be just decorating the books - like framing a painting, rather than creating prints from your painting if I understand correctly. So long as your... View More

View More Answers

2 Answers | Asked in Copyright, Intellectual Property and Trademark for Idaho on
Q: Trademark Infringement Plausibility? Don't want to screw the pooch.

We are interested in relaunching a brand/product that is no longer sold in the United States. This product, owned by a foreign company, was pulled from the U.S. market and has not been sold here for the past 5 years. Additionally, the trademark is set to expire soon with the USPTO (already in grace... View More

Bao Tran
Bao Tran
answered on Jul 25, 2024

Based on the information provided, here's an analysis of your plan to relaunch a brand/product inspired by a foreign company's product that is no longer sold in the U.S.:

Current Trademark Status

The original trademark is set to expire soon with the USPTO and is in its...
View More

View More Answers

2 Answers | Asked in Copyright, Intellectual Property and Trademark for Idaho on
Q: Trademark Infringement Plausibility? Don't want to screw the pooch.

We are interested in relaunching a brand/product that is no longer sold in the United States. This product, owned by a foreign company, was pulled from the U.S. market and has not been sold here for the past 5 years. Additionally, the trademark is set to expire soon with the USPTO (already in grace... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 19, 2024

When considering relaunching a brand/product inspired by an existing one, it's crucial to ensure that you are not infringing on any existing trademarks or intellectual property rights. Even if the original product has not been sold in the U.S. for the past five years and the trademark is in... View More

View More Answers

1 Answer | Asked in Copyright and Intellectual Property for Idaho on
Q: Is it legal to use screen recorded images of google street view to start an instagram page based around those images?

I want to start an instagram where I showcase outfits people are wearing around the world that I find on google street view and do voice over commentary of the images and recordings.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 9, 2024

There are a few potential legal issues to consider with using screen recorded images from Google Street View on an Instagram page:

1. Copyright: Google owns the copyright to the Street View images. Using them without permission, even if you modify them, could potentially be considered...
View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Idaho on
Q: Can you take a digital product on Teachers Pay Teachers with the name Science of Reading in it?

I have a product that saids Decodable booklets | Science of Reading Aligned

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 28, 2023

When creating and selling digital products on platforms like Teachers Pay Teachers, it's important to be mindful of copyright and trademark laws. If you're using the phrase "Science of Reading" in your product title, such as "Decodable booklets | Science of Reading... View More

1 Answer | Asked in Copyright, Business Law and Intellectual Property for Idaho on
Q: Can I receive donations on platforms like Patreon or Ko-fi without copyright holders claiming rights?

I have a YouTube channel where I create music videos using my own footage and content. The music within these videos consists of works by other artists, which are copyrighted by them. I have edited the music to some extent, such as removing a verse, but the changes are minimal. I do not, and... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 21, 2025

You can accept donations on Patreon or Ko‑fi, but doing so does not cure your unlicensed use of copyrighted music in the YouTube videos. Attribution and minor edits (like removing a verse) do not grant a license and instead create an unlicensed derivative work; Content ID monetization by the... View More

2 Answers | Asked in Estate Planning, Probate, Copyright and Intellectual Property for Idaho on
Q: How do I take ownership of my late father's music catalog without a will?

All parties are in Idaho. My father passed away recently and, during his life, he wrote many original songs, which he self-printed in a songbook over 20 years ago, displaying a copyright symbol. Before his passing, he verbally expressed to me and my mother that he wanted me to control his music... View More

Alan Harrison
PREMIUM
Alan Harrison pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 16, 2025

The first question for me is whether your father actually registered copyrights for any of the songs. In some ways this could be easier to resolve if he had not done so. I am a CT attorney and know nothing of ID probate law, but I venture to guess that a probate judge might ratify an agreement... View More

View More Answers

3 Answers | Asked in Copyright, Intellectual Property and Trademark for Idaho on
Q: How will trademark/copyright law affect my existing Facebook page as I separate from an association I worked for?

I managed a construction industry training program for installers. We marketed training, coordinated venues & delivered the training. I used a Facebook page I started for the purpose. This was approved and accepted by association for 15 years. I took pictures of classes, students with their... View More

N'kia (NLN)
N'kia (NLN)
answered on Apr 3, 2023

Generally, if an employee's creative works constitute "work made for hire," those works belong to the employer. Then the employer has the right to use (and control the use of) the works. However, an attorney would need some pretty specific information to be able to determine which... View More

View More Answers

2 Answers | Asked in Copyright, Animal / Dog Law and Intellectual Property for Idaho on
Q: Can I legally sell an image I took of a friends cow without their written consent or do I need a property release?

I took photos of a friends cows about 3 years ago. Last week discovered that she was trying to sell my images on Etsy. When I asked her not to she then proceeded to tell me I am not allowed to sell images of her cows, that she has never given me permission. Do I need a property release from her if... View More

Robert E. Wasserman
PREMIUM
Robert E. Wasserman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 24, 2023

Yes, you can legally sell the photographs. The practical enforcement of your copyrights, however, is a bit more complex. Recording a collection of a work of photographs with the U.S. Copyright Office should provide you with a useful tool to swiftly remove infringing articles from major online U.S.... View More

View More Answers

1 Answer | Asked in Copyright and Construction Law for Idaho on
Q: We contracted with a developer to design spec homes for their development which they would build. Not doing so

Developer is having financial issues and has begun selling our drawings to buyers of their lots and allowing them to bring in their own construction company to build house. This was not our agreement. We have no control over the construction phase using our drawings which may or may not be latest... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Jun 15, 2022

Check your contract. Depending on your payment, you may have released your rights to the other company.

You may have the right to contract independently with the home owners.

Consult with an attorney.

1 Answer | Asked in Copyright and Trademark for Idaho on
Q: Can I print t-shirts with the phrase “Just Do It”?
Marcos Garciaacosta
Marcos Garciaacosta
answered on Jan 31, 2021

No

Please consult with an attorney

1 Answer | Asked in Copyright and Criminal Law for Idaho on
Q: Idaho if I sent provocative pictures of myself in bra and underwear or a sexy lingerie to my spouse then we break

Is it legal for them to post it on Facebook. It technically doesnt show the actual private part but pretty close. Or when i sent it to them thru text was that consent enough.

Kevin M Rogers
Kevin M Rogers
answered on Jan 15, 2021

Your ex is committing a felony in Idaho, called Video voyeurism.

Idaho Code says:

A person is guilty of video voyeurism when:

(a) With the intent to annoy, terrify, threaten, intimidate, harass, offend, humiliate or degrade, he intentionally disseminates, publishes or sells...
View More

1 Answer | Asked in Copyright for Idaho on
Q: I took a photograph of a planter pot. With basil that is mass produced can put it on my blog

I just wanted to do a informative post about plants. The pot is just a big part of my photo I wanted to make shure it was fair use they dont give any one permission to take photos I bought the pot my self but is it considered a prop

Barbara Berschler
Barbara Berschler
answered on May 2, 2020

Is there something distinctive about the pot that makes you worry? If it has trademarks or other brand related markings, you may wish to see how best to remove those. For example, are you able to edit the photograph so that the pot is not prominent? Can you make the pot portion of the photograph... View More

1 Answer | Asked in Copyright for Idaho on
Q: Are the words "Flux Capacitor" copyrighted?

I wanted to use the words for a college poster project that will only be seen by the teacher

Marcos Garciaacosta
Marcos Garciaacosta
answered on Apr 10, 2020

You probably mean Trademarked.

It will depend on what you plan to use it.

If it is an internal project, not in commerce, your risk is rather low.

Consult an attorney.

1 Answer | Asked in Copyright for Idaho on
Q: How can I sell an instructional video of choreography to a high school without copyright issues?

I am a choreographer that creates competitive shows for High school dance teams and color guards. These groups learn their show to a specified piece of music and compete within the US to that music during a season. Usually they perform the show 5-10 times and make no money off of this. They... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Mar 26, 2020

For the music, depending on which you do, you could get a license from the recording copyright holder.

Check the manager of the rights, there are agencies that focus on that.

They offer different pricing depending on the use.

Once you have that, assuming no other IP issues,...
View More

1 Answer | Asked in Cannabis & Marijuana Law and Copyright for Idaho on
Q: Can I take the trade mark Hemp Hemp Hooray from original filing person? TM shows as being abandoned.

Will you please Google this to see what I'm seeing?

Robyn T. Williams
PREMIUM
Robyn T. Williams pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 11, 2020

You cannot "take" a trademark from the mark owner if it is still being used in commerce as a source identifier, regardless of the federal registration status. Applying for and being allowed a federal registration does not automatically prohibit a mark owner from opposing registration,... View More

1 Answer | Asked in Copyright and International Law for Idaho on
Q: Battle Angel Alita created in Japan 1990 Epic Stone Group registered "Battle Angel" 2012, sued Fox Studios 2019, valid?

This seems odd that a pre-existing property that pre-dates this copyright registration by an American company would be at any risk for legitimate lawsuit. How can an existing intellectual property be registered to a company whom has no legal contract or agreement with said owners, and furthermore... View More

Griffin Klema
Griffin Klema
answered on May 3, 2019

You ask a very interesting question, but unfortunately, it is laden with too many factual issues to provide a clear answer. Your best bet is to study copyright infringement, and when derivative works are insufficiently indistinct from the original source material. There might also be contractual... View More

1 Answer | Asked in Business Law and Copyright for Idaho on
Q: Is it illegal to create and sell shirts that say "Engorgio" (a spell) and have the deathly hallows Harry Potter symbol?
Michael Hales
Michael Hales
answered on Apr 11, 2019

You're probably fine with the word engorgio, but once you include any symbols from Harry Potter, you'll run afoul of trademark laws.

1 Answer | Asked in Copyright, Intellectual Property, DUI / DWI and Products Liability for Idaho on
Q: Do officers have to release my intellectual property (images) after car is impounded? Can they hold them from me?

I was pulled over for having a license plate light out and issued a DUI. I was not arrested but car was towed and impounded, and later searched. I have contacted them several times about getting my hard drives and computer out of the car because I am a professional photographer and I'm already... View More

Peter N. Munsing
Peter N. Munsing
answered on Jul 25, 2018

Contact an attorney experienced in DUI in the county where you are charged. You'll need him for the DUI and she can advise you on this aspect. They'll work out payments.

1 Answer | Asked in Copyright for Idaho on
Q: Is it against the law to have the intent to steal copyrighted or patented information.
Morgen Bowers
Morgen Bowers
answered on Jan 29, 2018

Generally speaking, if it is just one person who has not do anything in furtherance of actually stealing, then no, it isn't illegal -- i.e. it isn't a illegal to just have the idea in your head, you have to take some sort of action to accomplish the goal (e.g. downloading or copying the... View More

Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.