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Ohio Copyright Questions & Answers
2 Answers | Asked in Copyright for Ohio on
Q: Is a short story from 1920 now in the public domain?

I would like to reprint in a book I am writing a story story that has its first publication date November 26, 1920. The author passed away in 1923. Can I print a copy of this short story in my book without permission and therefore not be subject to any legal repercussions? Thank you.

Timothy John Billick
Timothy John Billick answered on Jan 21, 2021

The particular work itself is in the public domain, yes. However, it's possible that *other* works using similar characters and the like could be protected by copyright law. Though your risk of infringement is low here, your best bet is to still consult with an IP attorney to cover your bases.

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2 Answers | Asked in Copyright for Ohio on
Q: Are photographs taken of President Abraham Lincoln delivering his Second Inaugural Address in the public domain?

The photo in question was taken on March 4, 1865, by an employee, probably by Alexander Gardner, if so, of a privately-owned photography studio, owned by Matthew Brady. Can I reprint one of these photos in a book and be free of any legal consequences? Thank you.

Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 13, 2021


It depends on how you get your hand on the photo.

IF you go to where the original is and they allow you to take a photo, then maybe.

Most reproductions you will find online have their own trail of copyrights.

Just like anybody can take a picture of the statute of...
Read more »

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1 Answer | Asked in Copyright and Intellectual Property for Ohio on
Q: What [if any] legal repercussions could I face for using an already copyrighted "name" ("Liquid Loud", to be exact) .?
Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 28, 2020

Many, many.

From a cease and desist. To a formal lawsuit and damages.

Consult with an attorney.

1 Answer | Asked in Copyright and Trademark for Ohio on
Q: I would like to trademark some words.

Edited details. Didn't know it was shown on public forum.

Allison Higgins
Allison Higgins answered on Dec 22, 2020

You can reach out to a trademark lawyer on this site or search for one on another site. I would be more than happy to give you a quote for trademark registration services.

3 Answers | Asked in Copyright and Trademark for Ohio on
Q: Can i take an abandoned trademarj
Timothy John Billick
Timothy John Billick answered on Oct 5, 2020

Not necessarily. A trademark that is shown as being abandoned on the Trademark Office's website can still theoretically be used by the owner. Consult a trademark attorney to do a proper trademark search and give you an opinion on moving forward.

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1 Answer | Asked in Copyright and Patents (Intellectual Property) for Ohio on
Q: Copyright infringement and Patents

If I design a device similar to Patent number: 9033760 but not a direct copy and is a DIY project. Where the purchaser receives 3d files to 3d print the pieces and assemble the system themselves.

Kevin E. Flynn
Kevin E. Flynn answered on Sep 16, 2020

Let's assume that what you send in your files allows users to use 3D printers to create all the pieces needed to make what is in claim 1 of the cited patent.

1. An interchangeable, modular display system for miniature models used in wargaming, comprising:

a display panel...
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2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Ohio on
Q: Are the drawings in a patent also public domain when a patent is expired, or is there a copyright attached limiting use?

I'd like to print and sell drawings from expired patents as art pieces. Is this legal?

Kathryn Perales
Kathryn Perales answered on Sep 3, 2020

Drawings included in a published patent application are in the public domain, under long standing US law. In the unlikely event that a copyright notice is included on the patent drawing in the patent application, you should look twice. But, in most cases you can do whatever you want with... Read more »

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2 Answers | Asked in Copyright for Ohio on
Q: Can someone screenshot a picture i upload to facebook of myself and 2 people and send it to others

I uploaded a picture of my friend, my cousin, and myself to Facebook. Then without my consent or knowledge some people were screenshoting it and sending it to other people. Is this illegal?

Matthew Williams
Matthew Williams answered on Aug 31, 2020

In general, yes that is legal. Under certain circumstances it may become illegal or be part of an illegal activity. But when you post something online, you are putting it out there.

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1 Answer | Asked in Copyright and Intellectual Property for Ohio on
Q: i run a large social platform and have got some copyright claims, the copyright holder refuses to work with me.

is there any legal process i can go through to get claims resolved on a un-responsive holder?

Jason Brooks
Jason Brooks answered on Aug 3, 2020

Not really. except for certain streaming music licenses, copyrighted work does not require a compulsory license, and so if the copyright holder does no want to work out a license to you, they are under no obligation to do so.

1 Answer | Asked in Copyright, Estate Planning, Family Law and Patents (Intellectual Property) for Ohio on
Q: Do i need permission from her parents/family to name my foundation after my late girlfriend

I live in Ohio and they live in California. Its for a non-profit and non-charitable, if thats a thing, foundation. It's to make changes, not money, for what people like her went through ex: wheel chair measurements and kidney failure sense birth

Nicholas P. Weiss
Nicholas P. Weiss answered on Jul 2, 2020

No. You do not need their permission. A person's name cannot be copyrighted or trademarked.

3 Answers | Asked in Copyright and Trademark for Ohio on
Q: How do I go about patenting my last name (Blunt)and if I do should I retain a attorney
Joseph Jaap
Joseph Jaap answered on Jun 25, 2020

Names are not patentable or copyrightable. In most cases, not trademarkable either. Use the Find a Lawyer tab to consult a local intellectual property attorney to review with you.

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1 Answer | Asked in Copyright for Ohio on
Q: If I have an idea for a game written down, but I haven't made the game itself yet, is it protected?

I have both a google docs page and a discord server with information on the idea, including level ideas, story ideas, character designs, etc. In the doc I have it stated who it belongs to with both my name and discord username. I do not have any actual coding or finished art, just text explaining... Read more »

Evelyn Suero
Evelyn Suero answered on Jun 7, 2020

Generally speaking, copyright does not protect ideas, concepts, systems, or methods of doing something. You may, however, claim copyright in the actual written expression of your description and ideas in writing or drawings.

2 Answers | Asked in Copyright and Trademark for Ohio on
Q: Is it copyright infringement if the logo itself is not altered or modified?

If i go to Starbucks and purchase a reusable cup, am I legally allowed to go home, personalize it with a name or decoration and resell it? I’ve read several things, such as the “first sale doctrine”, and that leads me to believe that this is legal as long as I am not reproducing the logo or... Read more »

Barbara Berschler
Barbara Berschler answered on Jun 6, 2020

When you buy the cup, you own the cup, but you do not own the copyright rights associated with the logo. Your additions could be considered as creating a derivative work without the copyright owner's permission. Also, you would be infringing upon the trademark, and, since Starbucks mark is... Read more »

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1 Answer | Asked in Copyright, Business Formation and Business Law for Ohio on
Q: Creating a online program to help pass state testing. Can I use questions from the textbook in the program

Should I reword questions or cite sources or both ?

Joseph Jaap
Joseph Jaap answered on May 19, 2020

Test questions are subject to copyright. And the testing companies have enough money to go after infringers.

2 Answers | Asked in Copyright for Ohio on
Q: Do I need copywriter permission to make a 1 time driver license image for a birthday cake

Using a picture of an Ohio drivers license I erased all the info and put my daughter information on it so it could be printed One time on a birthday cake. The cake decorated said I need permission to use it because the Oh DL is copyrighted. How do you get permission

Bill Hulsey
Bill Hulsey answered on May 14, 2020


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2 Answers | Asked in Copyright for Ohio on
Q: Is downloading copyrighted music, With no intent to distributing. Illegal?
Bill Hulsey
Bill Hulsey answered on May 10, 2020

Generally not, especially if you have paid for the download.

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1 Answer | Asked in Consumer Law, Copyright, Products Liability and Trademark for Ohio on
Q: Hello, If I wanted to get a pair of standard dumbbells manufactured with my brand name/logo. is that possible?

E commerce seller with business. Wants to sell dumbbells. does not want to be in trouble with patent law. Your help would be appreciated.

Thank you,

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 19, 2020


Unless there are other details beyond what you have posted, you should be able to buy from anybody a standard product and put your trademark there.

You need to file for a trademark of course.

always consult with an attorney.


480 324 6378

1 Answer | Asked in Copyright for Ohio on
Q: Does a website have to be predominantly news reporting in order to qualify for section 107 the fair use copyright act?

For example, a website that does news reports about consumer equipment but also posts other articles and how-to's - does this mean they don't qualify for the fair use doctrine above?

Barbara Berschler
Barbara Berschler answered on Apr 4, 2020

You ask an interesting question concerning "fair use" in the context of copyright protection. Copyright protects the expression of an idea, not the idea itself. So, you can write articles on any subject provided you express the "ideas" in the articles in your own words. The... Read more »

1 Answer | Asked in Contracts and Copyright for Ohio on
Q: If I use a drawing of a girl that resembles Freddy Krueger and put it on a makeup eyeshadow cover will I be in trouble?
Tania Maria Williams
Tania Maria Williams answered on Mar 3, 2020

The Craven estate owns the rights to Freddy Krueger and are actively enforcing them. Just last year, a company that makes action figures based on the Nintendo versions of Freddy and Jason has to stop production because of the ongoing legal battle over the rights to the characters. I wouldn’t... Read more »

1 Answer | Asked in Business Formation, Civil Litigation, Copyright and Intellectual Property for Ohio on
Q: Do I need to pay to research a copyright where one is claimed but cannot be found in US Copyright Offices online search?

This is regarding a litigation I would like to bring to light in Ohio. Its very specifically plagiarism and the plagiarist has even used my penname. There are many specific parts of this that make it very difficult, one being I was a minor aged 13 when I wrote it and the law says I have no right to... Read more »

Carl G Hawkins
Carl G Hawkins answered on Feb 27, 2020

It’s technically infringement because copyright protection begins when you put pen to paper. However, you must prove that you created the work in the first place. That might be tough to do in your predicament. Always a good idea to register your works with the copyright office, and always use an... Read more »

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