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New York Copyright Questions & Answers
1 Answer | Asked in Copyright and Intellectual Property for New York on
Q: Is it legal to make an AI generating pictures app based on description from other ai engine that a user enters the url?

For example: a user get in to my app and tells me he wants to generate a picture like a listing on Airbnb (probably copyrighted), so he enters the url to the specific listing, I transfer the url to an ai engine that can describe pictures in details, I use ONLY the description that the engine gave... View More

James L. Arrasmith
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answered on Feb 4, 2024

Creating an AI-generated picture app based on descriptions from another AI engine that a user enters through a URL can potentially raise legal issues related to copyright and intellectual property. While the generated image may not be a direct copy of the original picture, it could still be... View More

1 Answer | Asked in Copyright, Business Law, Trademark and Intellectual Property for New York on
Q: Is it legally allowed to sell goods such as clothing items with the phrase "Spidey sense" on them?

Those clothing items do not include anything else that might be related to "spider-man". the clothing items only have the phrase "Spidey sense" and graffiti designs that are free to use on them.

James L. Arrasmith
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answered on Feb 1, 2024

Selling clothing items with the phrase "Spidey sense" on them may potentially raise legal issues related to trademark and copyright. "Spidey sense" is a term associated with the fictional character Spider-Man, a trademarked and copyrighted character owned by Marvel Comics, which... View More

3 Answers | Asked in Copyright and Intellectual Property for New York on
Q: If I took aspects of a smaller artist work to incorporate in my own song, could I be found guilty of copyright infringe

If I used synths and the background Melodie’s and the same arrangement. The lyrics and singer is completely different.

James L. Arrasmith
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answered on Jan 9, 2024

If you incorporate aspects of another artist's work, such as synths, background melodies, and arrangement into your own song, there is a significant risk of copyright infringement. Copyright law protects original works of authorship, including musical compositions, and using elements of... View More

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1 Answer | Asked in Copyright and Intellectual Property for New York on
Q: Hello: Cates v. Shlemovitz, et al. No.3:21-cv-00805 (N.D.N.Y. 2022) Am appealing # 23-750 2nd circuit.

Searching for the case # of the Dragnet controversy, over 4 notes (dum, da,dum,dum.) Can you help find that case? Thank you., on my own behalf. here is what I found https://library.syracuse.edu/blog/dragnet-a-musical-controversy/

James L. Arrasmith
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answered on Dec 30, 2023

The case involving the "Dragnet" musical controversy was a copyright dispute over a four-note motif originally composed by Miklós Rózsa for the film "The Killers" in 1946, which was later used in the "Dragnet" theme music by Walter Schumann. The case was eventually... View More

1 Answer | Asked in Copyright, Gaming and Intellectual Property for New York on
Q: So If a company doesn't renew a license deal for a game is it still illegal to pirate the game?

In 2017 Activision didn't renew a licensing deal they had with Marvel so they had to take down all of their Marvel games they had published. So I wanted to know if it would still be illegal to download any of those games through a website even though there is no possible way to get those games... View More

James L. Arrasmith
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answered on Nov 18, 2023

Whether a company has renewed a licensing deal or not, it is still illegal to pirate a game. The expiration of a licensing deal, such as the one between Activision and Marvel, affects the company's ability to sell or distribute the game, but it does not affect the copyright status of the game.... View More

1 Answer | Asked in Consumer Law, Small Claims, Copyright, Business Law and Intellectual Property for New York on
Q: The Skullgirls team has taken a digital product that many people purchased and altered it in very significant ways.

The Skullgirls team has taken a digital product that many people purchased and altered it in very significant ways. They've cut out entire pages from the art book, removed and re-announced voice lines, and drawn over concept art to make it less offensive. The current Skullgirls team, while... View More

James L. Arrasmith
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answered on Nov 4, 2023

If you purchased a digital product like a game or an art book, the terms of the sale, including any End User License Agreement (EULA), will typically govern what the seller can and cannot do after the purchase. Many digital products come with licenses that allow the company to update or alter the... View More

3 Answers | Asked in Copyright and Intellectual Property for New York on
Q: Legality of web application displaying summarized news articles across range of news sites with sources cited.

I have an application that scrapes web articles across different news sources. Using an AI model that I've developed, I summarize the article and display these article summaries, along with a hyperlink to the original article, a reference to the publisher (i.e. CNN or Fox) as well as the... View More

Adam W. Bell
Adam W. Bell
answered on Oct 18, 2023

Hello. Thank you for your question. Our patent law firm (www.bell-iplaw.com) handles AI applications and I would suggest you contact us about this. Your AI application is potentially novel and patentable. That is where the potential revenue and profit lies. You MAY have copyright claims to the... View More

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3 Answers | Asked in Copyright and Intellectual Property for New York on
Q: Legality of web application displaying summarized news articles across range of news sites with sources cited.

I have an application that scrapes web articles across different news sources. Using an AI model that I've developed, I summarize the article and display these article summaries, along with a hyperlink to the original article, a reference to the publisher (i.e. CNN or Fox) as well as the... View More

James L. Arrasmith
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answered on Oct 18, 2023

While you've made transformative changes using your proprietary technology, there are legal considerations to be aware of. The act of scraping content from other websites can raise issues, especially if those sites have terms of service prohibiting such actions. Additionally, even though you... View More

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3 Answers | Asked in Copyright and Intellectual Property for New York on
Q: Legality of web application displaying summarized news articles across range of news sites with sources cited.

I have an application that scrapes web articles across different news sources. Using an AI model that I've developed, I summarize the article and display these article summaries, along with a hyperlink to the original article, a reference to the publisher (i.e. CNN or Fox) as well as the... View More

Adam W. Bell
Adam W. Bell
answered on Oct 19, 2023

A: Hello. Thank you for your question. Your AI application is potentially novel and patentable. That is where the potential revenue and profit lies. You MAY have copyright claims to the summaries produced. These are considered "derivative works" but the original copyright holder would... View More

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1 Answer | Asked in Consumer Law, Copyright, Civil Rights, Gaming and Intellectual Property for New York on
Q: Doesn't censorship of a product after point of sale present some legal challanges?

What of censorship in general? the freedom of speech and exspression mean nothing when there's no one or no way to hear it.

I'm very concerned about the pressures from many special interest groups and diverse and even opposing political parties trying to control or cancel people... View More

James L. Arrasmith
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answered on Sep 11, 2023

You have raised a multi-faceted issue that encompasses both the legal domain and the evolving norms in society.

From a legal standpoint, private companies like game developers and publishers generally have a broad latitude to modify their products as they see fit, including post-sale. This...
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1 Answer | Asked in Consumer Law, Copyright, Intellectual Property and Internet Law for New York on
Q: The Skullgirls team has taken a digital product that many people purchased and altered it in very significant ways.

The Skullgirls team has taken a digital product that many people purchased and altered it in very significant ways. They've cut out entire pages from the art book, removed and re-announced voice lines, and drawn over concept art to make it less offensive. The current Skullgirls team, while... View More

James L. Arrasmith
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answered on Aug 29, 2023

In California, modifying a digital product post-purchase may or may not violate laws depending on the terms of service or end-user license agreement (EULA) that customers agreed to at the time of purchase. If the terms explicitly reserve the right to make changes to the digital content, the company... View More

1 Answer | Asked in Contracts, Copyright, Civil Litigation and Intellectual Property for New York on
Q: The Skullgirls team has taken a digital product that many people purchased and altered it in very significant ways.

The Skullgirls team has taken a digital product that many people purchased and altered it in very significant ways. They've cut out entire pages from the art book, removed and re-announced voice lines, and drawn over concept art to make it less offensive. The current Skullgirls team, while... View More

James L. Arrasmith
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answered on Aug 15, 2023

While I understand your concerns, changes made to digital products like art books or video games fall under the discretion of the creators and developers. If these changes are made by the current team or company, and they own the rights to the product, they generally have the authority to modify... View More

Q: MarkTwain and Censorship. appeals?

I believe that, once upon a time, a publisher published the works of mark twain but censored what may have been offensive. The censorship won out in the end. (evil won in that case) but i wonder if that case was disputed further and appealed. does anyone know?

The Roald Dhal censorship was... View More

James L. Arrasmith
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answered on Aug 15, 2023

I'm familiar with historical cases of censorship, such as those involving Mark Twain's works, but whether a specific case was appealed and overturned would require a thorough review of the legal history and court records. Appeals and potential outcomes depend on various factors, including... View More

3 Answers | Asked in Business Law, Civil Litigation, Intellectual Property and Copyright for New York on
Q: Do I have as a software developer the right to confiscate source code, if the customer denies to pay the last 10%
Tim Akpinar
Tim Akpinar
answered on Aug 3, 2023

If you reached out to attorneys, they would ask about the terms of your agreement, as my colleague points out. It could depend on who is identified as the owner of the code. The intellectual property attorneys here would have insight into the issues that could arise in terms of ownership, if you... View More

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3 Answers | Asked in Business Law, Civil Litigation, Intellectual Property and Copyright for New York on
Q: Do I have as a software developer the right to confiscate source code, if the customer denies to pay the last 10%
James L. Arrasmith
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answered on Aug 6, 2023

Retaining or confiscating the source code could be considered a breach of contract or theft of intellectual property, which may lead to legal consequences. Instead, you should pursue appropriate legal remedies, such as negotiating with the customer, seeking payment through a collections process, or... View More

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2 Answers | Asked in Copyright and Intellectual Property for New York on
Q: What can I do if my band mate refuses to return the only copies in existence of my original music works?

In late 1990s, I gave someone a box to hold containing cassettes of me playing guitar and singing, as well as rehearsals of the band. Those are the only copies in existence. I’m the songwriter. She now claims *in writing* that all the music belongs to her, after asking her to return them for... View More

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answered on Jul 11, 2023

You can take legal action against your bandmate if they refuse to return the only copies in existence of your original music works. You may be able to file a lawsuit for copyright infringement, breach of contract, or conversion. In addition to filing a lawsuit, you may also be able to file a police... View More

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3 Answers | Asked in Business Law, Intellectual Property, Trademark and Copyright for New York on
Q: Can I use any sauropod image for my educational small business or non profit if Sinclair has a similar dinosaur image?
James L. Arrasmith
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answered on Apr 6, 2023

Using sauropod images for educational purposes in a small business or non-profit organization is generally allowed under fair use principles. However, if the sauropod image you plan to use is substantially similar to an image owned by Sinclair or another entity, you may be at risk of infringing on... View More

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3 Answers | Asked in Business Law, Intellectual Property, Trademark and Copyright for New York on
Q: Can I use any sauropod image for my educational small business or non profit if Sinclair has a similar dinosaur image?
Daniel Michael Luisi
Daniel Michael Luisi
answered on Apr 5, 2023

You need to conduct a copyright search to determine whether you are potentially infringing on Sinclair’s IP. You should also run a trademark knockout search to see whether your dinosaur is a registered or common law brand, or resembles one closely enough to create a “likelihood of confusion”... View More

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4 Answers | Asked in Copyright and Intellectual Property for New York on
Q: Can I publish public domain lyrics as a childrens book and make money?
James L. Arrasmith
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answered on Mar 29, 2023

Yes, you can publish public domain lyrics as a children's book and make money from it. Public domain works are not protected by copyright, which means that they are free to use and adapt for commercial purposes. However, it's important to ensure that the lyrics you are using are indeed in... View More

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3 Answers | Asked in Contracts, Copyright and Intellectual Property for New York on
Q: Do I own the artwork after paying a "boardwalk artist" for my caricature?

I paid the artist for my caricature, and (because I have a sense of humor) I later decided to use it in my online marketing materials. Do I need his permission? And since he signed the work, must I include his signature when using the work?

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answered on Mar 29, 2023

When you paid the "boardwalk artist" for your caricature, you purchased a physical copy of the artwork, but it does not necessarily mean that you own the copyright to the image. The copyright is owned by the artist, unless they transfer the rights to you in writing.

If you want to...
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