If you have a REGISTERED copyrighted logo (meaning registered with the United States Copyright Office ("USCO") and someone has copied your logo, you can send them a cease and desist letter and being that they copyright was registered, you would have a right to sue in federal court for...Read more »
I created a video game addon that used official images of Flex Seal products and Phil Swift's likeness. I emailed his company asking if I could make a donation page to get a small amount of compensation from the addon and they said no. I then asked if I could continue to make the project for... Read more »
I'm working on some open-source exercises for Russian language students, and for an alphabet-related exercise it would be very helpful to display pictures of Russian signs with English cognates that beginner students can read easily. However, I'm unsure of the legal implications of using,... Read more »
Here, you are describing the intersection of copyright and trademark law. While it would be trademark infringement to open your own restaurant called Burger King, or to sell a hamburger wrapped up in a wrapper that says Burger King, you certainly can take a picture of a Burger King restaurant and...Read more »
The Youtube TOS for the USA was updated on the 18th of November 2020, to state that Youtube has the right to monetise the videos on any channel, should they see fit, and, if the owner of said content is not a partner, Youtube is not required to pay them. The terms also state that the creator... Read more »
This is not legal advice and is general information only. When you sign up to use a website, usually there are terms of service you agree to when you click on the "I agree" button. Some call this "clickwrap license." If you want to use the service (in this case YouTube and...Read more »
The original paintings by John James Audubon are old enough that they are in the public domain. Any other photos or paintings or drawings, however, which may be available through the Audubon Society, may not be in the public domain.
I would like to create a card game in which I use the names of certain people and characters from popular culture, both fictional and real. The pictures in the game are entirely original, but based on the general idea of the people and characters. Is this protected under parody, or is this a... Read more »
Use of another brand's characters may constitute both copyright infringement as well as trademark infringement/dilution. There are limitations to the fair use and parody such as, the effect on marketability/sales that such use may have on a parodied brand. Consult with an attorney for more...Read more »
A tough question to answer, even when you know all of the specific details! Copyright protection certainly applies to quotations. It can apply to aspects of the characters, depending on how recognizable they are. As an example, writers of "fan fiction" encounter this dilemma all the...Read more »
There may be a few layers of copyright rights to evaluate. If you are just using lyrics from a song, then the copyright owner of the lyrics would be one person to contact. It is not clear what you mean by a "clip of dialogue." If what you want to copy is actual sound from the TV show,...Read more »
Might not be a patent. The Supreme Court has recently made it fairly difficult to patent a method of organizing human activity. See the documents used to train patent examiners -- https://www.uspto.gov/patent/laws-and-regulations/examination-policy/subject-matter-eligibility On the other hand,...Read more »
Copyright itself doesn't protect only just a name, you can't copyright just a name at all. But, "characters" should be protected under a copyright if they are unique, but isn't a name an intrinsic part of a character and its accompanying story?
A full answer to your question will require a more fact-intensive analysis. Generally, copyright law will afford protection of the fictional character itself when it has appeared in a copyrightable work and has a life of its own within that work, however, achieving a level of distinctiveness such...Read more »
Hello I am currently developing a college football website, and I created a logo that I am wondering if it would be OK to use. The logo uses the Big Ten conference font and says "B1G" like the Big Ten logo, but it is stretched out and there is a football filled inside of the letters... Read more »
You probably should discuss this with an experienced intellectual property attorney. The issue may implicate issues of both copyright and trademark law. Your proposed logo may infringe the trademark rights of the Big Ten Conference if your logo creates consumer confusion as to the source of your...Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.