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Ohio Copyright Questions & Answers
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,... Read 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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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... Read 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... Read 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 .... Read 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... Read 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... Read 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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2 Answers | Asked in Copyright and Trademark for Ohio on
Q: This may be a complex question, but I am trying to figure out the right way to ask.

This may be a complex question, but I am trying to figure out the right way to ask.

Lets say I legally research & purchase a dead trademark and/or copyright today. Pretend it is an old obsolete cereal & the purchased logo & word is (Dazzlecorn).

Now I want the domain... Read more »

Joseph Jaap
Joseph Jaap
answered on Jan 21, 2022

A trademark registration might have expired or been cancelled, but the owner might still have valid rights in the mark unless the owner has "abandoned" the mark. If another person begins using it, the owner can claim infringement. Whether the mark was abandoned would be determined by... Read more »

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1 Answer | Asked in Copyright and Communications Law for Ohio on
Q: My child was included in a broadcast on a news channel. Am I entitled to a copy of the broadcast?

Child is underage and I am the guardian/parent. Sent email requesting it and they claim they can't due to some copyright excuse. I've never heard of this from other requests I've made of other news outlets.

Joseph Jaap
Joseph Jaap
answered on Jan 12, 2022

Whether they must give you a copy would depend on the terms of the agreement you made with them when you gave them permission to make a video using your child. They own the copyright in the video recording, but can only use it and broadcast it within the terms of your permission and agreement to... Read more »

1 Answer | Asked in Copyright for Ohio on
Q: Can I legally make digital designs using octonaut characters and have them printed on material and sell on etsy?
Joseph Jaap
Joseph Jaap
answered on Jan 7, 2022

Without permission of the owner of the copyrights in those characters and their images, that would violate US Copyright Laws for which there can be civil and criminal penalties if the owner learns of your use. Use the Find a Lawyer tab to retain a local intellectual property attorney who can... Read more »

1 Answer | Asked in Copyright for Ohio on
Q: Is using 'Dead Poets' as a non-profit club nickname a copyright or trade mark violation?
Marcos Garciaacosta
Marcos Garciaacosta
answered on Oct 27, 2021

Maybe, you need to consult with an attorney

1 Answer | Asked in Bankruptcy, Contracts and Copyright for Ohio on
Q: Is it legal to sell someone's else stuff without their knowledge or consent?

Until my lease for my new apartment began, I stayed at my friend's place for a month. Recently when moving in, I forgot some items at the friend's place. The next day after move-in, I asked the friend if I can go to their place and collect my remaining items. They said they were out of... Read more »

Timothy Denison
Timothy Denison
answered on Sep 8, 2021

Take a criminal complaint against the boyfriend for theft and conversion.

1 Answer | Asked in Copyright for Ohio on
Q: how does it work when a minor has a car in ohio, and turns 18? is the title in his name at first?

I’m a 17 year old minor. I’m buying my 25 year old brother’s car soon. Person to person sale. How does the title work? Would it go in my parent’s name and when I’m 18, I need to change it or it automatically changes. Or is it in my and their name, and it automatically removes when I’m 18?

Andrew Popp
Andrew Popp
answered on Jul 29, 2021

You cannot own property as a minor. The car would be in your parent(s) name. When you turn 18 it does not automatically change. They would have to either gift, or sell you the car. You would take that to the BMV for a new title and pay the associated costs.

3 Answers | Asked in Copyright and Intellectual Property for Ohio on
Q: I am writing a dark-retelling of beauty and the beast. If I have a similar character named Gaston, is there copyright?

His looks are pretty similar, slightly different. He has a completely original backstory, different motivations for going after Belle, and a different death than he does in the movie.

Marcos Garciaacosta
Marcos Garciaacosta
answered on May 18, 2021

Maybe, it depends.

You need to consult with an attorney before you get into any trouble.

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1 Answer | Asked in Copyright for Ohio on
Q: Writing an autobiography book can you include pictures of newspaper articles about the author if you cite the paper?
Marcos Garciaacosta
Marcos Garciaacosta
answered on May 12, 2021

Depends

I would suggest you contact the newspaper, they may have a simple licensing plan

Consult with an attorney to give you an analysis

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

NO.

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...
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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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