Lawyers, Answer Questions  & Get Points Log In
Missouri Copyright Questions & Answers
1 Answer | Asked in Copyright and Intellectual Property for Missouri on
Q: I do digital painting for a hobby. I want to give full copyright to another individual. w/o paying lawyers.

The paintings contain nothing copyrighted or trademarked, I have not registered them. They are too numerous to afford to do so. The other person lives too far for both of us to meet to sign a document together. And I have no requirements of them. I simply wish to give the copyright away to... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 29, 2023

To transfer copyright ownership to another individual, a written agreement or document is typically necessary. This agreement should clearly state the transfer of ownership, including the scope and duration of the transfer, and should be signed by both parties. While it is possible to create such... Read more »

1 Answer | Asked in Copyright and Intellectual Property for Missouri on
Q: copyright question? creating a cookbook from Pinterest recipes

I want to create a cookbook/blog with Pinterest recipes stating where I found the original I used but talk about how my version turned out while sharing the recipe. is that legal or copyrighted? I plan to take my own photos of my attempts to make the dish, the ingredients (if I change it when I... Read more »

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Oct 26, 2022

Your use of previously published recipes does not infringe the copyright in them, as it is "fair use" under the law. Fair use allows limited use of copyrighted material without permission from the copyright holder for purposes such as criticism, parody, news reporting, research and... Read more »

1 Answer | Asked in Copyright and Intellectual Property for Missouri on
Q: Can I use the New Yorker logo on top of an original design on clothes to sell on Etsy? Other well known names?

What are the rules regarding using a copyrighted name for small business commerical use? I'd like to be able to put albums, song names, or use images from movies on clothing items - obviously with an original twist of my own, but I'd like to stay in business, too.

Erik Špila
Erik Špila
answered on Oct 12, 2022

These are sort of complicated and not so easy to answer questions which would require more details from your side so we can provide you more case specific answers.

In general - you can not use copyrighted logos, names, designs and so on without the consent of the copyright owner in...
Read more »

2 Answers | Asked in Copyright and Intellectual Property for Missouri on
Q: If I take a photograph of the U.S. Capitol building, can I use it as part of the cover art for my novel?
Steve Charles Vondran
PREMIUM
Steve Charles Vondran pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 26, 2022

Generally speaking, the photos you take are your own property, and can be protected by copyright. This means, as your property (IP), you can use it as you like. Some buildings can be subject to architectural copyright protection, but being a federal building (taxpayer funded), I would feel... Read more »

View More Answers

1 Answer | Asked in Business Law, Copyright and Intellectual Property for Missouri on
Q: Former board member stole intellectual property. What can I do?

I am the founder and president of a non-profit organization, registered in Missouri since 2019. A former board member has stolen the intellectual property of the organization and is using the organization's name for personal use. They have removed my access to the domain name in the... Read more »

Matthew Morris
Matthew Morris
answered on Jun 4, 2022

The devil is going to be in the details on this, and there are probably dozens of follow-up questions that a nonprofit attorney (which I am) or an intellectual property attorney (which I am not) would ask you. But here are some thoughts.

This type of situation often arises when two or more...
Read more »

1 Answer | Asked in Business Law and Copyright for Missouri on
Q: Hi! I have a business that sells t-shirts with pictures of historical figures on them. Does this break licensing laws?
Marcos Garciaacosta
Marcos Garciaacosta
answered on May 14, 2021

Depends on where you are getting the figures from and how old they are.

Consult with an attorney.

1 Answer | Asked in Copyright and Intellectual Property for Missouri on
Q: Can someone copyright a type of card?

I want to make my own cards for people to support their loved ones who are coming out as part of the LGBT community. However, other people are already doing that. Since that idea is so specific and unusual, could someone copyright that type of card? Or can anyone make any type of card as long as... Read more »

Marcos Garciaacosta
Marcos Garciaacosta
answered on Dec 27, 2020

The second. You can not protect the concept. You can only protect the content, its substance and look and feel. So you can protect the combination of words, in a specific style, graphics, artistic elements.

They need to be unique.

Consult with an attorney.

1 Answer | Asked in Copyright and Business Law for Missouri on
Q: I was wanting to start a small Business reselling Tv show stickers I buy from Amazon but I am unsure if I am allowed.
Marcos Garciaacosta
Marcos Garciaacosta
answered on Dec 15, 2020

you always run some risk.

you should consult an attorney.

just because it is sold through Amazon does not mean it is a properly licensed product and that you can resell them

1 Answer | Asked in Copyright for Missouri on
Q: Is there a patent for a piece of material that covers the top of the zipper to protect the zipper from poking upwards?
Allison Higgins
Allison Higgins
answered on Nov 13, 2020

Hi, it looks like you posted this in the Copyright section, but you are looking for information about a Patent. I would suggest re-posting in the Patent section for better answers. You will need a licensed patent attorney to help in your situation.

2 Answers | Asked in Copyright and Trademark for Missouri on
Q: I want to trademark High AF as a brand and logo how can i do this since there is an un-used trademark of the same name?

I am a new entrepreneur with a Bachelors Degree in grapic design looking to start a new company. I will use the moniker High AF where the current owner has not used that moniker. As i understand it is owned by a make-up company that does not use that moniker currently or ever to my knowledge. I am... Read more »

Jason Brooks
Jason Brooks
answered on Aug 27, 2020

I’d be happy to discuss this on a call. Feel free to email me at jason@altviewlawgroup.com and we can set up a time to chat.

View More Answers

1 Answer | Asked in Copyright, Entertainment / Sports and Intellectual Property for Missouri on
Q: Would I be able to write a musical titled, “Danny Phantom the Musical” and use the likeliness of the characters?

I am looking to write a musical and I would love to write a musical based on the cartoon Danny Phantom. I noticed that there is a trademark on Danny Phantom. So I was curious if I could use the name Danny Phantom and attach Musical to it, while also using the likeliness of characters in the... Read more »

James D. Williams
James D. Williams
answered on Jul 26, 2020

The biggest thing that you have to worry about is probably copyright because you would be making a derivative work by making a musical. Viacom has the registration for the show, and when you adapt and derive content from one medium into another, you need a license from the respective owner(s).... Read more »

1 Answer | Asked in Copyright for Missouri on
Q: Can I sell prints of photos of cars that I took while hired by a car dealership? Some could be labeled “artistic.”

I own a small two-person photography / videography business. One of my clients is a car dealership that has the brands Volkswagen, Audi, Mercedes-Benz, and Porsche. I’ve taken photographs weekly for them for years and am looking to see if I can legally sell prints of these vehicles. I’m afraid... Read more »

Barbara Berschler
Barbara Berschler
answered on May 27, 2020

Interesting question. The situation you describe has copyright and trademark implications. Because the cars have insignias and other marks on them, in addition to their overall look, the trademark owners likely would not like the public to think they authorized you to take the photos. Similarly,... Read more »

1 Answer | Asked in Copyright for Missouri on
Q: Do I need to copyright an autobiography?
Barbara Berschler
Barbara Berschler
answered on Apr 22, 2020

Once you "fix" a work, meaning making it perceivable by others, the rights of copyright immediately attach. So that part is covered. But in order to ease enforcement of those rights, it is wise to register the copyright with the Copyright Office. The Copyright Office's website... Read more »

1 Answer | Asked in Contracts, Copyright, Collections and Trademark for Missouri on
Q: Is it legal to draw up your own forms for Garnishing wages and use the Missouri Seal like the original form?

Hi, I live in Missouri and have a rental business. Every month I have to go through 1-4 evictions. Most judgments I get are never paid. This is an ongoing issue. To make things easier, I have created a spreadsheet that fills out forms for Rent and Possession, Unlawful Detainers and Garnishment... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Dec 8, 2019

Rent and Possession petitions and Unlawful Detainer petitions need not be filed using the forms made available by the Missouri judiciary or your local circuit court. I am not certain but believe that the garnishment forms on the available at https://www.courts.mo.gov/page.jsp?id=103116 and your... Read more »

1 Answer | Asked in Copyright for Missouri on
Q: what is the price of a brand registration?
Marcos Garciaacosta
Marcos Garciaacosta
answered on Mar 13, 2019

You are probably referring to registering a trademark in the USA.

The government fees vary from $225 to over $300

Attorney fees should run from $1,000 to $1,500

That should include a number of searches to identify potential conflicts, advise in how to minimize conflicts, the...
Read more »

1 Answer | Asked in Copyright for Missouri on
Q: I have a company here named after a TV show.

This name was used back in the 60s & 70s it had a show the same name. Could I go and trade mark and copy right the name now if know one owns it? Thanks

Benton R Patterson III
Benton R Patterson III
answered on Feb 27, 2018

You may be able to register the name as a trademark if it is not being used by anyone else for a similar business. A trademark attorney can help you determine if anyone else has trademark rights that may conflict with your ability to register the name as a trademark.

1 Answer | Asked in Copyright and Intellectual Property for Missouri on
Q: Can I sell items using quotes from a public domain work, but taking the actual wording from a modern translation?

I am an artist wishing to sell posters with quotes from Marcus Aurelius' "Meditations". However, I would like to use the wording from a translation published in 2003. Is it legal for me to do this without compensating the publisher or translator?

Will Blackton
Will Blackton pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 25, 2017

There are two issues here: (1) derivative work of something in the public domain, and (2) whether a short phrase or quote is even subject to copyright protection.

(1) If an original work enters the public domain, this does not cover derivative or subsequent works based on that original...
Read more »

1 Answer | Asked in Copyright for Missouri on
Q: I am being sued by CP productions for piracy. They are repersented by Steele law firm. Do I need a lawyer? I didnt do it
Paul Overhauser
Paul Overhauser
answered on Dec 20, 2010

Yes, you need an attorney. The laws regarding piracy are very much in favor of the owner of the intellectual property rights. Moreover, in most piracy cases, if you are found liable, you can be obligated to pay the attorneys fees of the IP owner, which can easily run into tens of thousands of... 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.