Lawyers, Answer Questions  & Get Points Log In
Indiana Copyright Questions & Answers
2 Answers | Asked in Copyright and Trademark for Indiana on
Q: In 2010 I coined the name ColdArted. I recently discovered someone in Illinois trademarked the same name. What can I do?

In 2010 I coined the name ColdArted (Cold-Arted Creations, ColdArted.webs.com). I started signing my artwork in 2010 with that name. In 2011 I established a Google account with the same name. In 2014 cold-arted creations became a limited liability corporation. That was in the state of Indiana.... Read more »

John Brendan Riordan
John Brendan Riordan answered on Jul 23, 2020

There is potentially something you can do. First of all, are you sure that the company you found on google has officially received trademark registration? If not, it would be worth having an attorney conduct a thorough USPTO trademark search for you to see if they have or if they have applied to do... Read more »

View More Answers

1 Answer | Asked in Copyright for Indiana on
Q: Hi, can words to a copyrighted song be completely rewritten and used with the musical beat of the original?

I've created a new footwear product and brand and would like to launch a brand awareness video with completely rewritten and new, non similar lyrics to a copyrighted song; However, my lyrics are to the beat of the original song. Will I be infringing by using the beat?

Evelyn Suero
Evelyn Suero answered on Jun 24, 2020

Unless the beat is in the public domain, musical beats are also protected by copyright. Using a musical beat without permission/license(s) could result in a claim of copyright infringement.

1 Answer | Asked in Copyright for Indiana on
Q: Is the word Solo trademarked to where I can't use it?

I want to create a record company and I want the name to be Blue Solo Records. I'm not sure if the word solo is trademarked so am able to use the name and make t-shirts with the name.

John B. Hudak
John B. Hudak answered on Jun 13, 2020

Trademark rights are obtained by using the mark to identify the source of goods or services. Federal registration does not make a particular word, phrase, or symbol a trademark. The use of the trademark makes the particular word, phrase, or symbol a trademark. One can commit trademark... Read more »

1 Answer | Asked in Criminal Law, Copyright and Intellectual Property for Indiana on
Q: Does Indiana state civil or criminal law prohibit a party from selling knockoff clothing/copied sewing patterns?

I was informed that Indiana criminalizes parties who sell knockoff clothing where the knockoff item duplicates the exact sewing pattern of another brand's clothing. There is no intellectual property infringement in the act of selling knockoffs, as long as the knockoff is not using a... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 9, 2020

If it is a knock off it is implied it is violating some intellectual property.

IF it is not violating a copyright, trademark, patent, personal image, etc. then there is no violation and it is not a knock off.

IF IT feels wrong, don't do it.

1 Answer | Asked in Copyright and Entertainment / Sports for Indiana on
Q: Is it against copyright laws to have a natural disaster destroy Disney World in a book that I’m writing?

What I want to know is if they can sue me just for briefly mentioning in the book that the park has been destroyed.

Tania Maria Williams
Tania Maria Williams answered on Mar 10, 2020

It wouldn't technically be copyright infringement, but please be advised that Disney is VERY litigious and aggressively protects all their intellectual property including their name.

2 Answers | Asked in Copyright and Intellectual Property for Indiana on
Q: Is this still copyright infringement?

Hello I have gotten into 3d printing/modeling and was wondering if whether what I am potentially doing is copyright violation or not. So I was 3d modeling items from my favorite nintendo games then I was going to 3d print them. So I know that if I sell the crown online that is stealing intellectual... Read more »

Tania Maria Williams
Tania Maria Williams answered on Feb 27, 2020

If you’re reproducing someone’s protected work it’s infringement. There may be a fair use defense (check out the Andy Warhol cases) but it’s a defense meaning it is raised if you are sued for that nfringement.

View More Answers

1 Answer | Asked in Consumer Law, Contracts, Copyright and Immigration Law for Indiana on
Q: Can i hire a lawyer and give power of attorney to the lawyer to help with the sale of my Car?

I am asking as I am out travelling outside USA for 3 weeks, to get my Visa stamped on my passport, I would need a lawyer to represent me with the Car sale, if I am unable to return to the USA for some reason

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 3, 2019

In general yes. it will always depend on the attorney.

Many attorneys do not want to get directly involved in transactions of this nature as many things could go wrong.

All you are doing is giving a power of attorney to somebody.

can be a lawyer or anybody else.

1 Answer | Asked in Copyright, Communications Law and Trademark for Indiana on
Q: I took a picture of our Sony camera to use on our website. Do I need permission to use this?

It is an original photo that I took to use as a header on our church website and the name, "Sony" is in view on the side of the camera

Karima Gulick
Karima Gulick answered on Aug 20, 2019

You don't need permission to use your own photo. However, depending on what your website is about, it would be best to avoid displaying someone else's trademark.

1 Answer | Asked in Copyright and Intellectual Property for Indiana on
Q: Can I be fined for using unmarked copyrighted images on a website I designed?

Ive been contacted my a third party image rights company on behalf of a photographer for copyright infringement for a couple images used on a clients website. However, there was no indication these images were copyrighted. Is it legal to charge someone a fine without warning, If there was no... Read more »

Jason Brooks
Jason Brooks answered on Jun 6, 2019

A copyright is established the moment the content is created. In order to use someone else's photograph, you must obtain consent (i.e. a license) to do so. A copyrighted image (or any other copyrighted material) does not have to have any sort of markings or other indication of copyright;... Read more »

1 Answer | Asked in Copyright, Gaming, Intellectual Property and Internet Law for Indiana on
Q: As a 3rd-party representative, do I have any legal right to enforce copyright of the company's IP which I represent?

I am a representative for a gaming company's game. I have legal permission to use their IP and game contents and materials for my own use. However, many other entities have created illegal content using the company's IP and game materials without legal permission to gain their own profit.... Read more »

Griffin Klema
Griffin Klema answered on Jan 24, 2019

Probably not, unless your license agreement expressly allows you the right to enforce, or you are the exclusive licensee. Oftentimes the intellectual property owner retains the right to enforce or license the IP to others (non-exclusive license), though sometimes there is contractual language that... Read more »

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Indiana on
Q: Can I make and use a logo that is inspired by a tattoo on a character in a movie? silent from 1925, paramount pictures
Griffin Klema
Griffin Klema answered on Jan 16, 2019

Fascinating hypothetical. The answer probably depends on a few things: Was the tattoo a reproduction of another artist's creation, or based on an existing trademark? If so, have those rights now lapsed or terminated? Was the tattoo a part of the film's original creative makeup? If so, has... Read more »

1 Answer | Asked in Copyright and Intellectual Property for Indiana on
Q: Anyway around a trade mark? They are out of state and in a relevant field but slightly different. Thanks for your time.

I don't guess there is anyway around it. But there is a company with a name and I would love to keep working on my start up and use their name. Mine will be bottled teas they sell lose leaf in a store. I know I can register the name with it being in a different state. So I could do okay small... Read more »

Benton R Patterson III
Benton R Patterson III answered on Nov 15, 2017

It is certainly possible to license the right to use another company's trademark or purchase it outright from them. Trademark transactions are fairly common. I recommend speaking with a trademark attorney on how to approach the other company and working out a licensing arrangement that works... Read more »

1 Answer | Asked in Copyright for Indiana on
Q: Am I aloud to use other artists drawings as a reference for tattoos? As long as I make some changes to it?

The drawings are posted publicly online, and on flash forums for people to use. Example: images from pinterest, instagram, google..

Barbara Berschler
Barbara Berschler answered on Sep 3, 2017

Just because you can copy a drawing and turn it into a tattoo, does not mean you "may" do so. Even if you made some changes, that would only create a derivative work based on the original logo and without the permission of the copyright owner of the drawing, you would be infringing. As... Read more »

1 Answer | Asked in Copyright and Intellectual Property for Indiana on
Q: Is it possible to copyright an exercise such as a specific stretch or an activity to develop a certain muscle?

I'm writing an exercise book and want to make sure it's legal to use specific exercises that have been used in other programs. I am not copying a program but just using the exercises.

Benton R Patterson III
Benton R Patterson III answered on Aug 4, 2017

You are probably safe to use the exercises in your book. Generally, an exercise, such as a bench press or a pull up, is not protected by copyright law. Although, keep in mind that the photographs or written descriptions of exercises in other sources likely are protected by copyright.

1 Answer | Asked in Copyright and Trademark for Indiana on
Q: Can I print Bob Ross with my direct to garment business? Still getting confused and nervous about copyright & Trademark
Will Blackton
Will Blackton answered on Jun 23, 2017

Without the permission of Bob Ross's heirs or Bob Ross, Inc. (whichever is the appropriate rights holder), you will almost certainly open yourself up to legal liability if you print images of or produced by Bob Ross for resale.

1 Answer | Asked in Copyright and Trademark for Indiana on
Q: Can I print Bob Ross on a shirt? I have a direct to garment Printer

Photo, quote, trees

Will Blackton
Will Blackton answered on Jun 23, 2017

**Using Bob Ross's Paintings**

Bob Ross was born in 1942 and presumably began painting some time before hosting The Joy of Painting, which first went on the air in 1983. I'll assume you're talking about using paintings created on his famous show.

If Bob Ross's...
Read more »

1 Answer | Asked in Copyright and Entertainment / Sports for Indiana on
Q: I'm 17. I want to copyright one of my songs. Is it possible that I can copyright it? Am I able to use it in court too?

Like say I get the copyright while I'm a minor. Someone else tries to claim the song as their own. Will I be able to take that to court and show that it's copyright by me? Even if I am a minor? In the State of Indiana.

Will Blackton
Will Blackton answered on Apr 14, 2017

Minors may claim copyright, and the Copyright Office issues registrations to minors, but state laws may regulate the business dealings involving copyrights owned by minors.

According to Rule 17 of the Federal Rules of Civil Procedure: The following representatives may sue or defend in...
Read more »

1 Answer | Asked in Copyright and Trademark for Indiana on
Q: Is it legal to use an image (such as a sign from a store from the 1900s) on a t-shirt that I intend to sell?

Wondering if I can use the logo or image from a business that has been defunct for a long time on t-shirts that I'm selling online.

Glenn B. Manishin
Glenn B. Manishin answered on Feb 28, 2017

It is unlikely, especially if the store is defunct, that anyone current holds a trademark to the logo or company name on the sign. You would be best advised to conduct a trademark search (federal and state) or have one done for you by the many online services offering that function.

1 Answer | Asked in Copyright for Indiana on
Q: My girlfriends friend came to my swim meet and took picture and is trying to make us pay even tho he has no copy right

He has no copy right on them and is trying to make us pay even though he sent them to us on text message and he said nothing about us paying for them and is suing her for not paying them and I have the message that he sent to us which he did for free.

Will Blackton
Will Blackton answered on Feb 8, 2017

A photographer is automatically granted copyright protection in the images they create. You haven't posted a question here, but if you are a defendant in a lawsuit for copyright infringement, I recommend that you retain a qualified attorney whose practice focuses on copyright law.

1 Answer | Asked in Copyright for Indiana on
Q: Can a Lawyer tell me because YouTube is being suborn about this. I want to use a song and Is it legal?

How can I use the song legally?

Will Blackton
Will Blackton answered on Feb 2, 2017

Your question does not contain much detail, but I assume you're asking: "How can I legally use a song in a Youtube video?"

To avoid the risk of a copyright infringement lawsuit, someone seeking to use a song they did not compose nor record in a Youtube video should seek...
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.