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Illinois Copyright Questions & Answers
1 Answer | Asked in Copyright and Intellectual Property for Illinois on
Q: can I make designs and put them on merchandise based on the characteristics of a character in a book?

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]"

James L. Arrasmith
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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.... Read more »

1 Answer | Asked in Copyright and Intellectual Property for Illinois on
Q: What happens if I got a copyright claim email from my ISP about downloading a torrent file?
James L. Arrasmith
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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... Read more »

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Illinois on
Q: Can I sell my own 3d model of Lego flowers? I was selling then with the name Lego in the title until Lego took it down.

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.

James L. Arrasmith
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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... Read more »

1 Answer | Asked in Copyright, Entertainment / Sports, Intellectual Property and International Law for Illinois on
Q: How do you resolve a wrongful copyright claim for a cover song when you obtained a license properly?

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... Read more »

James L. Arrasmith
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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... Read more »

1 Answer | Asked in Copyright, Business Law, Trademark and Intellectual Property for Illinois on
Q: I want to own a fashion online brand. Is there any Iegal requirements I need to take ?

A reputable online fashion brand

James L. Arrasmith
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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....
Read more »

1 Answer | Asked in Civil Litigation, Copyright and Education Law for Illinois on
Q: My University is accusing me of plagiarism, but it was public domain and my version of it, am I innocent?

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.... Read more »

James L. Arrasmith
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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.... Read more »

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Illinois on
Q: I am within my legal rights to use a modified version of the coppertone logo freely? I would be making money off it.

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?

Sergiy M Sivochek
Sergiy M Sivochek
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... Read more »

1 Answer | Asked in Copyright and Intellectual Property for Illinois on
Q: I am a visual artist. I painted a large, photorealistic, 30x30in, painting of a Fritos bag. Can I sell it? Thank you!
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
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.

1 Answer | Asked in Business Law, Copyright and Intellectual Property for Illinois on
Q: Hi there, IP copyright dispute, between equal partners in series LLC. Concerns over whom IP Copyright belongs to.

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... Read more »

Jonathon Maddox
Jonathon Maddox
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.... Read more »

1 Answer | Asked in Consumer Law, Copyright and Patents (Intellectual Property) for Illinois on
Q: For US patent law, if you make an item that you've never seen a patent law for, is it illegal?

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... Read more »

Kevin E. Flynn
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Kevin E. Flynn
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...
Read more »

1 Answer | Asked in Contracts and Copyright for Illinois on
Q: Can the TLC channel display pictures of me or mention my name on a show without my permission?

-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.

Marcos Garciaacosta
Marcos Garciaacosta
answered on Nov 30, 2021

Depends.

Did they interview you?

Where you in the news?

For how long is your participation?

2 Answers | Asked in Copyright, Intellectual Property and Trademark for Illinois on
Q: Plantiff asking for unreasonable money in the name of trademark infringement & consequences if seller is outside USA

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... Read more »

Linda Liang
Linda Liang
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... Read more »

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1 Answer | Asked in Contracts and Copyright for Illinois on
Q: Hi. What are the steps and prices to putting my assumed named document in a newspaper in Cook County?
Jane Kim
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answered on Oct 14, 2021

The process is pretty simple and is described in the form that you have to complete and file with the Cook County. If you are still having a hard time, contact a lawyer.

1 Answer | Asked in Business Formation and Copyright for Illinois on
Q: I buy throw pillow covers (Amazon and Walmart) and enhance the imagery and sell them. Am I infringing on a copyright
Marcos Garciaacosta
Marcos Garciaacosta
answered on Sep 12, 2021

depends

It is not clear what you intent to do, you should consult with an attorney

1 Answer | Asked in Consumer Law, Contracts and Copyright for Illinois on
Q: Can I sue PlayStation if they won't give me access to games I have payed for?

I am a member of PlayStation Plus which gives out 2 free games each month but I am not being given access to 6 of the games, basically not allowing me to access 3 months of content I have payed for. I spoke with their management and they said it's an issue they are working on but there's... Read more »

Marcos Garciaacosta
Marcos Garciaacosta
answered on Aug 16, 2021

Probably not. check the terms of use.

2 Answers | Asked in Copyright, Business Law, Patents (Intellectual Property) and Trademark for Illinois on
Q: How am I supposed to handle a trademark infringement lawsuit if I think it's a mistake? pls read the "More Information"

Dear lawyer.

Unfortunately, I involuntarily found myself in an unpleasant situation and I would be happy for your help. I have an account at Marketplace site, where I sell products from a variety of different suppliers. A few days ago, an e-mail was sent to me from a lawyer (on behalf of... Read more »

Marcos Garciaacosta
Marcos Garciaacosta
answered on Aug 3, 2021

You can be dragged to an American court by virtue of you selling here.

There are different tools to deal with the lawsuit if you think it is an error.

You need to consult with an attorney review all the documentation you have.

Best luck!

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1 Answer | Asked in Copyright and Products Liability for Illinois on
Q: can i use the brand name "eternal sunshine" or "eternal svnshine" for my jewlery business?

i want to know if the name is already trademarked

Marcos Garciaacosta
Marcos Garciaacosta
answered on Jul 22, 2021

Depends

You need to consult with an attorney to find out if it is registered or taken

2 Answers | Asked in Copyright, Gaming and Intellectual Property for Illinois on
Q: If I want to resell a video game streamers highlights, do I need to obtain licensing from the video game publisher?

If its a case by case basis, what companies require a licensing agreement?

Omar Darwich
Omar Darwich
answered on Jul 1, 2021

So you're talking about potential infringement and there are some specific details that need to be discussed.

Your best course of action is to consult with an attorney before making any decisions.

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1 Answer | Asked in Contracts, Copyright, Business Formation and Business Law for Illinois on
Q: US company refuses to Pay or give ownership. They are blackmailing me now.

In 2018, I went into an oral agreement with a person in the United States to build an online platform. I was responsible for all the tech from designs to coding etc. I live in Pakistan, we had this agreement orally over zoom.

He promised equity and delayed payment for my work. We agreed... Read more »

Marcos Garciaacosta
Marcos Garciaacosta
answered on May 23, 2021

You can sue him but it will be complicated and expensive

You may be able to sue in your country or in the USA

You should consult with an attorney to determine your options

3 Answers | Asked in Contracts, Copyright and Patents (Intellectual Property) for Illinois on
Q: Is there a type of disclosure document that I can use to protect an IP idea that i am working on, before it's designed?

I have an idea that I'm working on that will have to be patented, but i am reluctant about asking people with the knowledge to build the idea for assistance as they may steal it and create it themselves. Is there a type of disclosure document that I can use to protect my idea?

Marcos Garciaacosta
Marcos Garciaacosta
answered on Mar 23, 2021

Non Disclosure Agreement

That language should also be included in any contract with people that would do work for you

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