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Kansas Copyright Questions & Answers
1 Answer | Asked in Copyright for Kansas on
Q: Is 'pusheen' emoticon available for Fair use?
Michael Zamzow
Michael Zamzow answered on May 28, 2021

That emoticon, like most emoticons, is likely licensed to the users of apps that allow users to post that emoticon. It is probably not available for commercial use, but the license might extend to other uses, contact an intellectual property lawyer in Kansas City, MO to discuss the ins-and-outs.

1 Answer | Asked in Copyright for Kansas on
Q: I have a question about "fair use" I think. I am wiring a sports biography, including a few newspaper stories.

Each story, in my book, has the name of the newspaper, name of reporter, Page No. and date. Then the story itself. Do I need to have permission from the newspaper? I have verbal permission, but I got that 20 years ago (I wrote the book 20 years ago, I am just now getting it published), and the... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 13, 2021

be careful

if you are reproducing the whole article you should consider seriously getting permission

your risk is very high

2 Answers | Asked in Copyright, Business Formation, Business Law and Intellectual Property for Kansas on
Q: Purchasing digital assets in a contractual manner from individuals?

Hey all!

I'm creating a software product to launch into the mass market, and I currently have a few people helping out with artwork for UI design and other digital assets. I've mentioned to them that I'd purchase all the assets they've produced in bulk after the final... Read more »

Barbara Berschler
Barbara Berschler answered on Apr 27, 2020

Hopefully your project won't end in litigation. However, because there is a lot at stake, it would be good to work with local business counsel familiar with intellectual property issues before you proceed any further. It is important to remember that if you do not have a writing in place... Read more »

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2 Answers | Asked in Copyright and Patents (Intellectual Property) for Kansas on
Q: Can i incorporate the use if one patent (ie toy ) as primary subject in another patent if outcome provides new service

Move object from point A to point B using a patented toy to made life easier

Kevin E. Flynn
Kevin E. Flynn answered on Oct 29, 2019

Many patented processes use patented components in the process. Sometimes the company seeking the patent on the process owns the patents on the tools or components used in the process, sometimes they do not. It does not matter.

That said, your own idea will need to meet the test of being...
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1 Answer | Asked in Copyright for Kansas on
Q: Do I need a copyright license?

My fraternity is wanting to host a movie week, where we show a different movie every night, and charge people to come and watch it. The people coming will only be people we know and the movie will be shown on private property. So, I was wondering if we need a copyright license to show these movies.

Enrico Schaefer
Enrico Schaefer answered on Oct 15, 2019

Why not charge for something besides the movie?

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Kansas on
Q: Would this be copyright infringement?

I am coordinating a 5K benefit run for a local library, the theme is "Just Dewey It", a play on Nike's phrase. We would like to turn a book into the Nike Swoosh to use as the logo but we are concerned that it may be copyright infringement. We would seek Nike's permission but... Read more »

Griffin Klema
Griffin Klema answered on Apr 9, 2019

You're probably running into trademark issues, and maybe copyright as well. The use of the slogan "Just Dewey It" without any use of a swoosh-like logo is a close call. Arguably it might fall within parody or other fair use exceptions to trademark or copyright infringement. The Nike... Read more »

3 Answers | Asked in Copyright and Intellectual Property for Kansas on
Q: Am I violating any laws by selling items with my own graphic design/phrase tha has been newly TM'd by someone else?


Thank you in advance for your time.

Three years ago I designed text and graphics that includes a particular phrase. I have been selling this graphic on textiles, apparel & enamel pins since 2016. It has come to my attention that another company has very recently... Read more »

Peter D. Mlynek
Peter D. Mlynek answered on Apr 1, 2019

You are OK. The whole point of intellectual property law is to assure creators who make, invents or creates something, are protected from nefarious individuals who would steal or copy it. If you've been using a phrase in your business for several years, nobody can register it and prevent you... Read more »

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1 Answer | Asked in Copyright and Intellectual Property for Kansas on
Q: I am looking to publish a family history and genealogy using an aerial photo of the family farm as the front cover.

I can identify the photography company, but have not been able to locate them through state and library records. The picture was take in 1955. I doubt I'm going to sell many copies, but am concerned about copyright infringement.

Griffin Klema
Griffin Klema answered on Mar 18, 2019

This is a tricky situation. Copyright infringement is strict liability, so your intent not to infringe doesn't save you from a possible claim of infringement. Whether the image is actually subject to a copyright claim is unclear, since it was created before 1978. If it was published or... Read more »

1 Answer | Asked in Copyright and Trademark for Kansas on
Q: This area isn't even remotely large enough for my question refer to more details section below please.

I am from Kansas. I am going to start a citizen journalism youtube channel. Do I need to copyright or trademark the name 'The Citizen journalist'. I was told that if commerce happened under the name that it is auto trademarked to me, is this true? If commerce under the name does lock... Read more »

John Espinosa
John Espinosa answered on May 22, 2018

You are talking about the difference between a common law trademark and a registered trademark. Different things with different rights and requirements. Here is a helpful resource:

1 Answer | Asked in Copyright, Business Formation, Intellectual Property and Trademark for Kansas on
Q: When the business you own is an LLC - is the LLC required on all signage, logo's, etc.

I'm changing the name of my business. I want to know what should be trademarked, included on all advertizing, logo's, and signage. Is it okay for the business to legally have one name, registered with the State of Missouri and still have a logo that identifies the business by another... Read more »

Benton R Patterson III
Benton R Patterson III answered on Apr 17, 2018

If you want to conduct business under anything other than the legal name of the business, you will need to register an assumed name, which is different than a trademark. You are not required to trademark any aspect of the business name or branding. Although it can be very beneficial to do so.... Read more »

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Kansas on
Q: If a symbol is trademarked for clothing, can the owner sue a copycat if it they use the symbol on a household item?
Griffin Klema
Griffin Klema answered on Sep 17, 2017

Short answer: Maybe.

Long answer: It depends on whether the two goods are so related as to potentially cause consumer confusion (which is a core issue in trademark law). The other thing that must be evaluated is whether the crossover from clothing to "a household good" is within...
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1 Answer | Asked in Copyright and Education Law for Kansas on
Q: Can US students legally purchase international editions of textbooks?

Looking for an alleged 1998 SCOTUS decision on the issue but can't locate. Claim made by secondhand textbook retailers but not substantiated by any evidence I've seen yet.

Will Blackton
Will Blackton answered on Jan 28, 2017

To answer your question: Yes, US students may legally purchase international editions of textbooks. It's really the -seller- of international textbooks that must invoke the first-sale doctrine to protect their activities, but the Supreme Court recently decided that they may.... Read more »

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