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New York Copyright Questions & Answers
1 Answer | Asked in Copyright for New York on
Q: are gifs of an animated tv show protected under copyright laws?

i make gifs for a tv show that i like and i ask people not to repost them since it takes a lot of effort to make and edit. i understand that doesn't compare to the effort it takes to create the show and that i have no claim to the show. from my understanding, gifs are considered fair use, but... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 5, 2020

First, don't be STUPID, just because you ask someone to not repost or resend your GIF does not put them under any obligation to comply. I don't know where you got your "understanding" about fair use, but what you say does not come within my understanding of "fair use"... Read more »

1 Answer | Asked in Consumer Law, Small Claims and Copyright for New York on
Q: Is "Ain't nobody got time" protected? If I made mugs that had this written on them could I be fined? Sued?

Correction ..."Ain't nobody got time for that"

John Brian Hudak
John Brian Hudak answered on Jun 12, 2020

Confirming the risk free use of a trademark can take some time and resources for searching—and analysis of what is found.

Trademark rights are obtained when a mark is used to identify the source of goods/services. A trademark search should determine if someone else is using a trademark...
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1 Answer | Asked in Copyright and Intellectual Property for New York on
Q: Can I convert youtube video to audio, transcribe the audio & post them on my website with original video link/embed?

- To transcribe, I first need to convert the video to audio. And then use some automated service.

- I will include original video as link and/or embedded

- I won't store the audio. Audio is needed just for transcribing and will be discarded later (& will not be shared... Read more »

John Brian Hudak
John Brian Hudak answered on Jun 6, 2020

Reading about copyright on the copyright.gov website is a good place to read about copyright. There are circulars which explain many issues. Below are some sections of copyright law.

“Subject to sections 107 through 122, the owner of copyright under this title has the exclusive rights...
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1 Answer | Asked in Copyright, Criminal Law, Products Liability and Business Law for New York on
Q: Adult Toy store disclaimer

I am currently building an online adult Toy store, I haven’t done anything yet except source products. I live in New York. My question is legally do I have to have an 18+ only disclosure on my website?

Marcos Garciaacosta
Marcos Garciaacosta answered on May 13, 2020

Yes. Although New York has protected First Amendment rights in the context of adult stores. I believe is a good business practice to add a statement that your store will make efforts to restrict sales to minors.

Additionally, since you sell online through credit cards, access to shopping...
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1 Answer | Asked in Copyright for New York on
Q: Is sharing a website through a zoom video conference ok?

I'm doing virtual tours of New York. 10 people pay me 10 usd and we connect to zoom for an hour where I show 360 pictures and talk about the city. Through zoom I share my chrome browser and show the https://www.airpano.com website, that has lots of 360 pictures. I am not downloading anything... Read more »

Evelyn Suero
Evelyn Suero answered on May 5, 2020

The exclusive rights granted to copyright holders include the right to reproduce, distribute, display or perform the protected work, or to make derivative works. Displaying images without permission may be deemed copyright infringement. It is important to obtain permission prior to use to avoid... Read more »

1 Answer | Asked in Copyright and Intellectual Property for New York on
Q: Intellectual property question

Certain foods have its ingredients listed in a specific order. Based on that I created an algorithm that can calculate ingredients percentage in a formula (that may or may not be different from the manufacturer’s). Can I post my calculations on my website (of course I will mention that these are... Read more »

Tania Maria Williams
Tania Maria Williams answered on May 1, 2020

Reviews of a product have particular protections, but understand that some manufacturers are more litigious than others. If your algorithm is incorrect, and results in a misrepresentation of their product, they may try to pursue legal action.

2 Answers | Asked in Copyright and Intellectual Property for New York on
Q: Can I mimic/copy famous brand label ( logo vector)with changes? For example , Veuve clicquot champagne label

Not exact copy, it says soy candle , and New York instead of France , also my store signature instead of original.

Barbara Berschler
Barbara Berschler answered on Apr 26, 2020

Not a good idea because not only would you be infringing the copyright rights but also the trademark rights of the owner of the famous brand.

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2 Answers | Asked in Copyright for New York on
Q: How long can someone go to jail for using my picture as their profile picture on their Instagram using my name?
Gregory Byrnes
Gregory Byrnes answered on Apr 12, 2020

You need to speak with local law enforcement if you would like someone to be punished criminally.

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1 Answer | Asked in Copyright, Products Liability, Intellectual Property and Trademark for New York on
Q: Can I use 'But can you pay my bills?' on merchandise without infringing on 'Bills, Bills, Bills' by Destiny's Child?

I am a designer and what to create tshirts for women that say 'But...can you pay my bills, tho'?' or 'Can you pay my bills?'. It's for a line of clothing that I want to produce. Since it's a common phrase I figured it would not cause an issue but want to stay on... Read more »

Tania Maria Williams
Tania Maria Williams answered on Mar 23, 2020

There are a couple considerations for what you're trying to do but the main consideration is if you would be able to protect it even if you used it. You may be able to use the first phrase without infringing on Queen Bey but that doesn't mean someone else doesn't have a registration... Read more »

1 Answer | Asked in Copyright and Intellectual Property for New York on
Q: researched attorney names case NY copyright infringement

wanted attorney names

case Manhattan NY

contact information

Tim Akpinar
Tim Akpinar answered on Mar 5, 2020

You should be able to find that - go to the Copyright section here for attorney listings. You could also run your own independent searches. Good luck

Tim Akpinar

2 Answers | Asked in Copyright and Intellectual Property for New York on
Q: Is my movie streaming application at risk of copyright infringement?

Hi,

I am a programmer and I am creating an application involving streaming movies using a revolutionary technology. I am looking for a lawyer with copyright knowledge. The video files are provided as torrents and are not kept on the server. My questions are: Is it legal to stream the movies... Read more »

Tania Maria Williams
Tania Maria Williams answered on Mar 3, 2020

Streaming the movies without a license to do so violates copyright. Think about Napster and all the MPAA litigation that was going on against ordinary individuals who were downloading content. The damages calculation could get very costly as well so I would caution against it.

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1 Answer | Asked in Copyright and Intellectual Property for New York on
Q: wanted to know firm attorneys contact copyright infringement Manhattan Federal court case
Tim Akpinar
Tim Akpinar answered on Mar 2, 2020

This is not a law firm (you ask about firm attorneys). It's only a Question and Answer board. If you need a copyright infringement attorney, you could look in the Copyright section here, or other Intellectual Property categories (you list Intellectual Property as a heading) if applicable, or... Read more »

2 Answers | Asked in Copyright for New York on
Q: I am the sole defendant in a copyright infringement case in NY. I don’t have a lawyer and the judge denied me one.

Plaintiff is not serving me his filings and I have not consented to email service. He responded to discovery demands but not sent anything. He doesn’t respond to meet and confer requests.

What should I do?

Tania Maria Williams
Tania Maria Williams answered on Feb 27, 2020

I would highly recommend getting an attorney. You do not have a right to have an attorney appointed in a copyright infringement case, which I'm assuming is why "the judge denied [you] one". An infringement case can be costly in legal fees, but it can also be costly in damages. I... Read more »

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1 Answer | Asked in Copyright for New York on
Q: Students used a section of the image from Justin Timberlakes Album cover (front and back) on the cover of the yearbook.
Tania Maria Williams
Tania Maria Williams answered on Feb 27, 2020

Technically that is infringement if it is used without permission because that artwork either belongs to the artist or the label. There may be a defense of fair use.

2 Answers | Asked in Copyright and Trademark for New York on
Q: getting permission to use a trademark
Marcos Garciaacosta
Marcos Garciaacosta answered on Feb 13, 2020

it will depend on the owner and what your intentions are

expect to pay, if it is a famous mark, unless they have a licensing program, you would not get it

best luck

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1 Answer | Asked in Copyright and Patents (Intellectual Property) for New York on
Q: Let’s say I have a design in mind for a beauty product to be sold in , does it make sense to get a design patent?

I want to know if I can prevent other vendors or manufacturers from replicating my idea .

Peter D. Mlynek
Peter D. Mlynek answered on Jan 30, 2020

I assume that you have designed some sort of a bottle or a container for holding nail polish, hair gel, mascara, body lotion, etc.

You have several options.

First, you should trademark the name of your product, and possibly the logo.

Second, you may want to get a design...
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1 Answer | Asked in Copyright and Intellectual Property for New York on
Q: As co-author of an artwork ( painting) can I sell my part of copyright without approval from my co-author?
Sindee Levin
Sindee Levin answered on Dec 6, 2019

It depends. Do you and your co author have an agreement between you? If so, the terms of the contract will govern. If there is no agreement are you selling the actual copyright or an interest in royalties. Without an agreement, you can sell your part of the copyright, or a royalty interest.

1 Answer | Asked in Contracts, Copyright and Business Formation for New York on
Q: Chain of title concern for film under LLC

thank you

Michael David Siegel
Michael David Siegel answered on Oct 28, 2019

Why not just change the membership of the LLC to you?

1 Answer | Asked in Copyright and Business Law for New York on
Q: Qmatic and qless seemed to have same type of patent on virtual queue ? How are they different?
Marcos Garciaacosta
Marcos Garciaacosta answered on Oct 8, 2019

You need to review the patents or publications and analyze them.

Make an appointment for a consultation as it will require access to the patent documents, review and provide an opinion.

You may also need to get an expert opinion, from somebody specialized in the field or with these...
Read more »

1 Answer | Asked in Copyright for New York on
Q: I got a software copyright infringement notice for a company that i am not a member of any more, what should i do?

I got a letter to my personal address from a company i dont know of for a software copyright infringement claim (a software i do not use to know of), with a quote attached. It was for a company i used to be a partner of 2 years ago but no longer am and have no part of their affiars. What would be... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Oct 8, 2019

You can try talking to them and explaining the situation.

Maybe a mistake.

If it is not a valid invoice you can tell them that. And if they keep harassing you you can try to get legal counsel or use your state attorney general.

marcos.e.garciaacosta@gmail.com

www.legalbizglobal.com

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