Joe Petrali was a famous record-setting motorcycle racer. His best days were from the 1920's to 1940's. He was well photographed and was paid to race for Harley Dealerships and the Harley Factory. We received the family archive album of Harry Molenaar who was one of the better known... View More 
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answered on Oct 31, 2023
While the ownership of a trademark in a name can grant rights to prevent others from using that name in commerce in a way that might cause confusion, it does not grant an absolute right over all uses of that name or over the likeness of the individual. Photos taken and owned by another party,... View More
If you were to take an image of a piece of art that has been copyrighted, run it through an AI Up-scaling program (which redraws the image at higher resolution using all the original colors, lines, shapes, proportions, etc... with some minuscule imperfections), would the new AI image fall under... View More
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answered on Sep 21, 2023
It is the position of the US Copyright Office, affirmed by federal courts, that copyright can protect only material that is the product of human creativity. If the derivative work is created solely by AI processing without human intervention, then it does not enjoy the benefits of copyright... View More
If you were to take an image of a piece of art that has been copyrighted, run it through an AI Up-scaling program (which redraws the image at higher resolution using all the original colors, lines, shapes, proportions, etc... with some minuscule imperfections), would the new AI image fall under... View More
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answered on Sep 21, 2023
The copyright status of an image created by an AI upscaler would depend on whether the new image contains sufficient originality to qualify for copyright protection. If the AI process merely involves technical improvements, such as resolution enhancement without introducing substantial original... View More
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answered on Sep 15, 2023
To protect your comic book characters, remember that copyright automatically safeguards them as soon as they're created and fixed in a tangible form. Consider registering your work with the U.S. Copyright Office for added protection. Keep thorough records of your character creation process,... View More
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answered on Sep 21, 2023
To properly protect characters you've created for your comic book, you should consider copyrighting the entire comic book as a literary work, which will include the characters. Copyright automatically applies when you create the work, but you can enhance your protection by registering the... View More
Can I use characters or the lore in the game to help tell my story?
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answered on Aug 22, 2023
Use of the game's name is permitted as "nominative fair use" when referring to it, and it is also fair use of the game's characters and story line as commentary or parody. The essential point is that you are not creating another game to compete with it.
Can I use characters or the lore in the game to help tell my story?
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answered on Aug 29, 2023
Using the name, characters, or lore of a real video game in your novel would likely constitute copyright and possibly trademark infringement under California and federal law, unless you obtain permission from the rights holder. The game's elements are protected intellectual property, and using... View More
examples:
A character is described as having large bat-like wings. the product would have a photo of a bat wing with words referencing wing size
a character is described as being a gossip "spilling the tea". The product would say "better tea than [insert characters name]"
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answered on Apr 2, 2023
It is important to consider intellectual property laws when creating merchandise based on a character from a book. If the book is still under copyright protection, the author or publisher may hold the exclusive right to use the character's likeness and characteristics for commercial purposes.... View More
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answered on Mar 29, 2023
Receiving a copyright claim email from your Internet Service Provider (ISP) means that someone has accused you of downloading copyrighted content illegally using a BitTorrent client. ISPs are required by law to forward such notices to their customers, informing them of the alleged infringement and... View More
I created my own scaled up version of the Lego flower in a 3d modeling software. So the model is mine and I was wondering if I could continue to sell them without including the Lego name in the title.
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answered on Mar 29, 2023
While you created your own scaled-up version of the Lego flower in a 3D modeling software, it is important to note that Lego has trademark and copyright protection over their products. Therefore, using the name "Lego" in the title or description of your 3D model product could be... View More
I have obtained a legal mechanical license for each cover song in my album. However, my album was taken down for copyright infringement on ONE song. I tried contacting the company via their website but the contact form doesn't work and shows an error. I found their email and have sent them 5... View More
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answered on Feb 25, 2023
If you have obtained a legal mechanical license for the cover song in question, you have a valid defense against any copyright infringement claim related to that song. You can try contacting the company or person who made the claim and provide them with a copy of the mechanical license. If you have... View More
A reputable online fashion brand
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answered on Feb 25, 2023
Yes, there are legal requirements that you need to consider when starting an online fashion brand. Here are a few important steps to take:
Choose a business structure: You will need to decide on a legal business structure for your brand, such as a sole proprietorship, LLC, or corporation.... View More
I am a costume designer for our musical, Tintypes. This show features Anna Held as a character, so I found a public domain picture of her in a dress I wanted for the show, and traced it to draw out a rendering. The school is saying it is plagiarized because I traced a picture I didn't take.... View More
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answered on Feb 25, 2023
The issue of plagiarism can be complex and depends on the specific circumstances of the case. Tracing a public domain image is not necessarily considered plagiarism, but it may still be considered a violation of copyright law if the traced image is substantially similar to the original work.... View More
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answered on Jul 23, 2023
Under intellectual property law, "Addition invention" and "Substitution invention" are two types of inventions based on the concept of improvement or modification to existing inventions:
1. Addition Invention: An addition invention refers to an improvement or an... View More
Am I allowed to use an image of a girl and dog, deliberately meant to resemble the coppertone ads of the 1960s, as a logo for my band?
answered on Sep 19, 2022
Deliberate copying or modification of someone else's image may constitute willful copyright infringement with serious consequences, especially if done for financial gains. You would be well-advised to carefully discuss your specific plans with an experienced intellectual property lawyer... View More
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answered on Mar 16, 2022
As long as you're not selling snacks, the transformative work is not an infringement. Andy Warhol did fine with his iconic Campbell's Soup can paintings many years ago.
The business (A clothing company) didn't generate any profit and we have agreed to dissolve the series LLC, Web P, social media page etc, but it does leave us with the IP of the designs that we independently created.
Neither of us were paid employees or hired to create our own designs... View More
answered on Feb 2, 2022
There are several factors here, and a thorough review of the LLC and Operating Agreement would be needed, as well as a full understanding of exactly how and when each design was created. I’m an IP Attorney, and would be happy to have a free consultation and see how I can help your legal needs.... View More
A friend group I had came up with an idea of a motor that can run itself. We would be able to run things off of said idea and it would be borderline free energy. With people having ideas for a hundred years, I doubt that someone has came up with this exact idea. If we were to move forward and... View More
answered on Jan 31, 2022
Your question in a general sense is does it matter whether or not you have seen a patent for an idea before you start selling a product covered by that patent.
The answer is that you are liable for patent infringement to the owner of the earlier, unexpired patent whether or not you had... View More
-I was never interviewed
-I spoke to two people for a few days but never gave permission to be on the show
-I have never been on the news.
answered on Nov 30, 2021
Depends.
Did they interview you?
Where you in the news?
For how long is your participation?
These days people are making money not by selling products but by filling case against small level dropshipping store in the name of trademark infringement. Platform like Ebay and amazon neither send any warning nor a solution to the seller once the case is filled. On the other hand plantiff ask... View More
answered on Oct 30, 2021
If the trademark is not yours and you do not know of the alleged infringement of trademark, you should not be liable. You should at least hire an attorney to stop them from suing you. Even defending should not be expensive. They can ask what they want. What they can get it is another story. I would... View More
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