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Ohio Copyright Questions & Answers
1 Answer | Asked in Copyright, Intellectual Property and Trademark for Ohio on
Q: I'm starting a beverage company and would like to name it Moana, but am unsure about if I'm able to use that name.

Obviously Disney has their film titled MOANA, but seeing as it's just the Hawaiian word for Ocean, would I be within my right to use that name in a different industry? Or am I asking for trouble?

James L. Arrasmith
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answered on Feb 27, 2024

Choosing a name for your beverage company is a crucial step, and it's understandable why the name "Moana," with its beautiful meaning and connection to the ocean, appeals to you. However, it's important to consider the implications of using a name that is also associated with a... View More

1 Answer | Asked in Copyright and Intellectual Property for Ohio on
Q: Are their any copyright for Mako Mermaids by Jonathan m Shiff Productions?
James L. Arrasmith
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answered on Dec 30, 2023

"Mako Mermaids," also known as "Mako: Island of Secrets," is a children's and teenagers' television series created by Jonathan M. Shiff. It is produced by Jonathan M. Shiff Productions in association with Network Ten, ZDF, and Netflix. As a professionally produced... View More

2 Answers | Asked in Copyright and Intellectual Property for Ohio on
Q: When a photo is taken on private property with permission of the property owner who owns the image?

I take images at motorsports venues and want to clarify who is the owner of the photo. The photographer, the property owner of both?

Thank you.

James L. Arrasmith
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answered on Sep 11, 2023

In the context of copyright law, the person who takes the photograph — in this case, the photographer — generally owns the copyright to the image, not the owner of the property where the photo was taken. This means that the photographer has the exclusive rights to use, distribute, and reproduce... View More

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2 Answers | Asked in Copyright and Intellectual Property for Ohio on
Q: When a photo is taken on private property with permission of the property owner who owns the image?

I take images at motorsports venues and want to clarify who is the owner of the photo. The photographer, the property owner of both?

Thank you.

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Aug 21, 2023

The photographer is owner of the copyright in the photo, unless he has been hired to do it, in which case the employer owns the copyright as a work-for-hire.

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1 Answer | Asked in Copyright and Intellectual Property for Ohio on
Q: I am making a children book. For that, I use AI to help me make the pictures. Who has the copyright to pictures from AI?

I provide my own prompts to make the pictures of AI. I also plan to edit them a little so they exactly look the way I want them. at least some of them. Does it make a difference if I change something on them?

James L. Arrasmith
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answered on Jun 18, 2023

The question of who owns the copyright to pictures created by AI is a complex and evolving area of law. In general, copyright law grants ownership of creative works to the human author or creator of the work. However, in the case of AI-generated works, the question of authorship and ownership can... View More

1 Answer | Asked in Copyright, Trademark and Intellectual Property for Ohio on
Q: There’s a company named “TenBack Bowling Outfitters” or “Tenback pro shop” is it possible to just use the name “Ten Back
James L. Arrasmith
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answered on Mar 10, 2023

It depends on several factors, including whether the company has trademarked the name "Ten Back" or a similar name. If the company has a trademark on the name or a similar name, then using it without permission could be considered trademark infringement. It's also important to... View More

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Ohio on
Q: When is it safe to remake and market old patents and copyrights and what are some things to be aware of?
Peter D. Mlynek
Peter D. Mlynek
answered on Jan 31, 2023

When the term of the patent or the copyright expires.

The idea of a patent is a contract between an inventor and the public, as represented by the government. The inventor discloses the invention, which is valuable to the public, to the society, and gets something in return. The inventor...
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2 Answers | Asked in Copyright and Intellectual Property for Ohio on
Q: I'm starting a video podcast. Can I use still images from various tv and movies?

When we mention a character, we'd like to be able to show that character without getting sued by Disney. And this podcast will be for profit, if that's relevant.

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jan 12, 2023

Under the fair use doctrine of the U.S. copyright statute, it is permissible to use limited portions of a work such as quotes or still images, for purposes such as commentary, criticism, news reporting, and scholarly reports. Such use is not actionable infringement.

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2 Answers | Asked in Copyright and Intellectual Property for Ohio on
Q: I'm starting a video podcast. Can I use still images from various tv and movies?

When we mention a character, we'd like to be able to show that character without getting sued by Disney. And this podcast will be for profit, if that's relevant.

Steve Charles Vondran
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answered on Jan 12, 2023

Generally speaking, when it comes to using copyrighted images in a video podcast, it’s important to understand the laws surrounding copyright and fair use. In general, it is illegal to use copyrighted images without permission. However, there are certain exceptions to this rule, and one of them... View More

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1 Answer | Asked in Copyright and Intellectual Property for Ohio on
Q: Hello, can i ask a question here? am I speaking with a real lawyer?

Okay. I'll explain what i need some advice about - it pertains to copyright. This will all sound a bit odd, so i apologize.

Im a writer. Im writing a fantasy prose story - something with a diesel-punk aesthetic. I'm using publicly free domain fantasy races - goblins, elves,... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Oct 27, 2022

Yes, real lawyer here.

Although the copyrights for the DnD games and fiction are owned by Wizards of the Coast LLC, that does mean that the word "Artificer" by itself is the subject of copyright. "Artificer" is just a word in the dictionary and its use in original works...
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1 Answer | Asked in Copyright and Civil Rights for Ohio on
Q: Are Facebook administrators liable for Content posted in the group

If members post pictures of items containing registered trademark brands. Is that a crime?

James L. Arrasmith
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answered on Mar 22, 2024

The liability of Facebook administrators for content posted in their groups can vary based on local laws and the specific circumstances of the content shared. Generally, administrators are encouraged to monitor and manage their groups to prevent illegal activities, including the unauthorized use of... View More

1 Answer | Asked in Copyright and Trademark for Ohio on
Q: More than one entity can own a trademark? Like (Sun's out guns out). Has more than one serial # ownership

The original person that trademarked this phrase did not renew their trademark license on it. Now there are at least two or more people who trademarked this phrase.

James L. Arrasmith
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answered on Mar 20, 2024

Yes, more than one entity can hold a trademark for the same phrase if the marks are registered for different classes of goods or services. This means that the phrase "Sun's out guns out" could be trademarked by different parties, each using the phrase in a different context or... View More

1 Answer | Asked in Copyright, Criminal Law, Personal Injury and Gaming for Ohio on
Q: How does it effect the non custodial parent if the mother and child now adult are in a troubled situation living with a
James L. Arrasmith
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answered on Mar 29, 2023

This is not a copyright question. Direct this towards family law.

1 Answer | Asked in Copyright, Divorce, Collections and Communications Law for Ohio on
Q: If FBI blocked SSN who's responsible for the fraud thiefs 2016 Cambridge university of surveillance Brian Wayne Ellis

European council offered me settlement I declined it . Arbitration in California, well someone signed it. Not me. Millions gone plus insurance and I have a few things to prove how email address was used ssn no!

Barry W. Kaufman
Barry W. Kaufman
answered on Feb 7, 2023

This sounds like one big scam. There was never any money, you were never going to get anything from the "European Council", whatever that is.

3 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Ohio on
Q: How can I protect my ideas from being stolen while looking for funding and investors with no money for a patent?

I have multiple ideas/inventions and i don't know how to explain my ideas to investors to get funding without having a patent to protect my ideas. But I don't have the funding to pay for a lawyer and everything to get a patent. So what could I do to protect myself and my ideas while... View More

Peter D. Mlynek
Peter D. Mlynek
answered on Jul 31, 2022

This is one of the most frequently asked questions. You can't get funding without patents, and you can't get a patent without money. It is a Catch-22.

Here are some guidelines:

(1) You need to recognize that ideas by themselves are not protectable. If you have an idea...
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Q: My current employer is asking me to sign an updated restrictive covenant covering idea’s and patents.

My current employer is asking me to sign an updated restrictive covenant covering idea’s and patents.

I am concerned because, outside of my current employment. And outside of my current employers scope of business. I wish to pursue several patents.

The wording of this document... View More

Joseph Jaap
Joseph Jaap
answered on Jun 8, 2022

Use the Find a Lawyer tab to retain a local intellectual property attorney who can review the document, your current activities regarding other patents, and then advise you accordingly of any changes to the document before you sign it.

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1 Answer | Asked in Copyright and Intellectual Property for Ohio on
Q: Company with two similar of the same company name in the same state

Hello,I own a landscaping business it’s been established since 2019 . In 2021 I noticed a new landscaping company With too much of a similarity to my company name. It wasn’t a problem till a this months when We started receiving backlash and constant phone calls of upset clients of theirs .... View More

Joseph Jaap
Joseph Jaap
answered on Jun 1, 2022

Use the Find a Lawyer tab to retain a local intellectual property attorney to review the facts and discuss sending a cease and desist letter raising issues of unfair competition, deceptive trade practices, and infringement against the other company.

1 Answer | Asked in Copyright, Business Law and Internet Law for Ohio on
Q: Legality of showing websites we've built for marketing agencies in our portfolio?

We previously worked for a Chicago-based Marketing Agencies developing websites. We're wondering now if we can display those websites in our portfolio legally. There was no written agreement with the agency. We're worried about getting sued if the agency sees those websites in our... View More

Joseph Jaap
Joseph Jaap
answered on Apr 26, 2022

If there was no written agreement with those agencies, then you retain the copyright in the materials that you created for them. They have the right to use the websites, but you actually own the copyright. Use the Find a Lawyer tab to retain a local intellectual property attorney to review the... View More

1 Answer | Asked in Copyright and Civil Litigation for Ohio on
Q: Can someone sue someone for civil if they don't live in that state?

Suing me in California and i lived in Ohio all my life

Stephen Arnold Black
Stephen Arnold Black
answered on Feb 18, 2022

If you have minimum contacts with that state, then personal jurisdiction over you will exist under California’s long arm statute. If not then you should fight jurisdiction.

1 Answer | Asked in Copyright for Ohio on
Q: Can a minor in Ohio register for copyright?

Hi, i’m 17 and I plan on launching a company. I was wondering if I can copyright the company at my age.

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jan 22, 2022

Copyright is a type of intellectual property that gives its owner the exclusive right to copy and distribute an original creative work in a literary, artistic, educational, or musical form. Minors may claim copyright, and the Copyright Office issues registrations to minors.

If, however, you...
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