I intend to start a retail quilting/diy store; if I base a design off of an idea that I’ve seen (Pinterest, family quilts, magazines, in-store etc) if I made something that was similar, but I didn’t follow their directions, (or theoretically, if I did) could I be infringing on copyrights of... Read more »

answered on Dec 17, 2022
It is important to understand copyright laws when it comes to selling quilting patterns. While certain elements of copyrightable subject matter may be used without infringing upon existing copyright protection, the substantial similarity of a design can create copyright infringement issues. If a... Read more »

answered on Jan 25, 2022
Thanks to the "first sale doctrine" in copyright law, you may make additional copies of the work for your own use so long as you do not distribute or sell them to others. The transformative copy you propose would also be permitted, with the same limitation on distribution or sale to others.
Is this legal for retail?

answered on Nov 13, 2021
Depends.
You need to consult with an attorney to understand your risks.
I want to pitch it to the copywrite owner. I want to use character names, places, descriptions etc.

answered on May 18, 2020
You are going to need to have permission from the copyright owner to make your derivative work. You may want to work through an attorney who could act as intermediary between you and the copyright owner to pitch your concept. The attorney would be in a good position to figure out with you the... Read more »
We had this package copyrighted before 2010. It was a disk containing some works with phrases paired to them. Everything on the disk was copyrighted. The phrase, "In loving memory", was trademaked recently and they are trying to sue us for selling our copyrighted works.

answered on Feb 6, 2019
To do a proper assessment we would need to look at what is being sold, in what format, etc.
A trademark protects the use of words for specific products or services. The key test is whether a person would be confused and think the product you are selling comes from the affected party.... Read more »
I invented a game that me and my friends play. It is an Lord of the Rings themed game that mostly merely uses LOTR races (i.e. Ents, Hobbits, etc.). Can I post it on the internet totally free without violating copyright.

answered on Jun 23, 2017
While I am a big fan of Tolkein and gaming, I don't think posting your game online is wise without talking to an attorney first. Whether you potentially infringe on any copyright or trademark interest that Middle-earth Enterprises a/k/a The Saul Zaetz Company (which seems to own the worldwide... Read more »
The company is defunct and has been for 19 years. All of their other products are listed at copyright.gov but not the one I am looking for. Is that copyright still in effect?

answered on May 23, 2016
Just because they did not file a copyright does not mean it is not copyrighted. Since about 1989, everything copyrightable became copyrighted once it was created (its a little more technical than that in reality), even if not registered. Registration simply gives you additional rights. I would see... 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.