Congratulations on your new venture. I hope that it will be profitable for you.
And also congratulations about worrying about patents now, before you start the production and sales. Too many people ignore patents, spend lots of money on designs, tooling up, and manufacturing their...Read more »
In doing so, he will have the burden of proof that what he was doing comes within the criteria of fair use. The annoying thing is that whoever the ISP, they just dumped the ball into your court. You may want to explore with an attorney familiar with the Digital Millennium Copyright Act and its...Read more »
I would like to use other pictures, but the ones I'd need to use are over 40 years old and it has been increasingly difficult to find the people who took them to even ask for permission. Is there any way that I can photograph the replica NFL jersey without getting into trouble? If not, how... Read more »
You have a couple issues here because the copyright in the photograph likely still exists and any use without permission would constitute infringement. It can be difficult to figure out who to get permission from if there is no identifying information for the photo. However, you may also have a...Read more »
17 USC 110(3) exempts from infringement the display of a work during "the course of services at a place of worship or other religious assembly." My church, and many others, usually sells recordings of that day's message. However, I would caution against that because the sale of the...Read more »
Example, I read a woodworking book or watch an online class on how to make a type of drawer, and then create an online class using what I learned, without using any of the original material, did I infringe the copyright?
Copyright does not protect ideas, methods and processes. It protects the expression of those ideas, methods and processes. Whether or not you are infringing the person's copyright depends on your use of their work in your own creation.
I was hired by a publisher to write a non-fiction book on a very popular television show where I discuss the history of the show, the themes, the characters and provide my opinion on each of the series episodes. Publisher states because I'm providing an opinion there is absolutely no copyright... Read more »
Your concerns are valid. You should consider seriously getting permission. Make sure the hiring party give you a contract where they take full responsibility or liability. Consult with an attorney before doing anything.
their wording is registered and my words are arranged differently and missing a word the registered TM has. I also have a distant design for mine and its in use and printed on many things. How will I go about TM my design? Is it possible?
Not necessarily. An abandoned could be revived, and could already or still be in use in commerce so is not necessarily available for use https://www.uspto.gov/trademark/laws-regulations/overview-final-rule-revivals-reinstatements-and-petitions-director
It depends on the context you plan to use the phrase in, what is claimed in the trademark application, and how the other party is using the phrase. An attorney would need to review all the facts to answer this question.
They asked that i remove the photo, which I did, and are also asking that I pay them $6750.00 for the last six months that the photo was used. This photo was taken off of Google search and had I been asked by the copyright owner to take it down sooner, it would have been done immediately. This is a... Read more »
You should contact the song's owner and ask. Often times, churches purchase or receive blanket permission covering an assortment of songs and so no extra permission would be needed. Even if that's not the case, many times copyright owners are happy to allow use for events like this;...Read more »
I want to sell the keychains on the internet. Is this legal or do I need to obtain permission from the universities whose logos I'm using? I have done a little research on this and it really seems like a grey area. Some sites say you absolutely need permission - others state that once the... Read more »
You need to obtain permission from the trademark owners. The first sale doctrine would likely protect you if you resold exactly what you purchased, the scrapbook paper. If you use the paper to create a new branded product, you would not be protected by the first sale doctrine. Also, using a...Read more »
I was asked by someone to make a number of hard(CD)copies of music for them. This request requires me to "rip" the content(given to me in CD format) on a computer and then burn the music onto the requested number of CDs( also provided to me). The requester(the commissioner) has told me... Read more »
You may be at risk of committing copyright infringement if the person commissioning the project does not have the appropriate rights. If the commissioner does own the copyright to the content on the CDs, he should be willing to cover any loss you may incur from copying the content (indemnify you)....Read more »
I am assuming you purchased a print of a photograph. If so, you cannot reproduce the photograph and sell it in a calendar. The owner of the copyright to the photograph has the right to reproduce the image. By you doing so, you would infringe on the copyright owners rights. If you want to...Read more »
The first step is to research the mark to determine if anyone else is using it or something similar. There are a variety of trademark search services that can perform a search for you. Once you know what other trademarks exist, you may want to change your mark or proceed with a trademark...Read more »
Generally, facts cannot be copyrighted, however the display and organization of facts can be copyrighted. To answer whether the particular organization of information you're talking about contains the required level of creativity to receive copyright...Read more »
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