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1 Answer | Asked in Copyright and Intellectual Property for Florida on
Q: Are quotes from books copyright infringement?

I am in the process of developing a content series for TikTok, focusing on the literary world. The essence of my project involves creating videos that feature narrations of quotes from various books, accompanied by original artwork inspired by the narratives.The videos are intended to be... View More

James L. Arrasmith
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answered on Mar 29, 2024

When it comes to using literary quotes in videos, especially in a commercial context, navigating copyright laws can indeed be complex. The concept of "fair use" is particularly relevant here. While fair use might cover the use of quotes to a certain extent, the commercial nature of your... View More

3 Answers | Asked in Copyright, Intellectual Property and Trademark for California on
Q: If an infringement claim is approved, do you need to pay a security deposit before the awarded amount get release?

I recently started a new business and have the company name and logo trademarked. The logo company and their legal team did a cast study and found four other businesses using our name so they went ahead and file an infringement claim on our behalf. Our claim was approved and the letter from USPTO... View More

James L. Arrasmith
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answered on Mar 29, 2024

The request for a security deposit as described in your situation raises some red flags. In the context of U.S. trademark law and the processes followed by the United States Patent and Trademark Office (USPTO), there's typically no requirement to pay a security deposit to release an awarded... View More

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1 Answer | Asked in Copyright and Intellectual Property on
Q: Regarding the GPL v3 - Where is the line when software using QT needs to be released under the GPL v3?

An example: I have two, entirely separate pieces of software I wrote. One is a closed source, proprietary, compiled C++ program; It hosts a web server that, when connected to, allows two users to play tic tac toe with each other over the internet, or allow a single user to play against a bot. This... View More

James L. Arrasmith
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answered on Mar 28, 2024

In the scenario you've described, the key factor determining whether the closed-source software violates the GPL v3, due to its interaction with the open-source Qt-based client, hinges on the method of communication and integration between the two pieces of software. The GPL v3 is designed to... View More

1 Answer | Asked in Copyright and Intellectual Property for Kentucky on
Q: Can you mention movies names in a book?How about characters?

These are some Examples

A couple of people are kidnapped and they are told that they will have to either survive 10 days or kill each other till 3 are left.

Their dialog is where I am in doubt

"So we are in some mess up real life hunger games, huh?."... View More

James L. Arrasmith
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answered on Mar 27, 2024

Mentioning movie names and characters in a book can often fall under what's considered "fair use," especially if they are used in a casual, non-commercial context like in dialogue or as part of a cultural reference. However, the way these references are used is crucial. It's... View More

2 Answers | Asked in Copyright, Intellectual Property and Trademark for New York on
Q: The use of famous names/trademarks in word search books.

I am creating word search books for the American market and was wondering if it is ok to use the names of famous people, such as authors and actors, or the names of games, such as Monopoly in my word lists. They would be factual and not portray anyone/thing in an unfavourable light. The words would... View More

James L. Arrasmith
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answered on Mar 26, 2024

When incorporating the names of famous people or trademarks, such as board games, into your word search books intended for the American market, it is crucial to consider intellectual property laws. The use of famous names can be complex due to copyright, trademark, and rights of publicity.... View More

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2 Answers | Asked in Copyright, Intellectual Property and Trademark for New York on
Q: The use of famous names/trademarks in word search books.

I am creating word search books for the American market and was wondering if it is ok to use the names of famous people, such as authors and actors, or the names of games, such as Monopoly in my word lists. They would be factual and not portray anyone/thing in an unfavourable light. The words would... View More

Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Mar 29, 2024

When considering including the names of famous individuals or games in word search books for the American market, it's essential to navigate copyright and trademark laws cautiously. While individual names typically aren't protected by copyright, using them in a commercial context could... View More

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3 Answers | Asked in Intellectual Property, Copyright and Trademark for Florida on
Q: Can an organization copyright specific words as part of a business name vs. logo?

We recently set up an LLC for Salt Life Aesthetics and Specialty Care as well as the domain saltlifecare.com since then we've received both an email and certified letter from Salt Life, LLC demanding we cease and decease using "Salt Life" in our business name. Meanwhile there are... View More

Linda Liang
Linda Liang
answered on Mar 26, 2024

It depends. A close examination of their request is warranted. If their registered trademark covers the service you provide, and your use of your business name "is likely to cause confusion in the minds of consumers about the source or sponsorship of the goods or services offered under the... View More

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3 Answers | Asked in Intellectual Property, Copyright and Trademark for Florida on
Q: Can an organization copyright specific words as part of a business name vs. logo?

We recently set up an LLC for Salt Life Aesthetics and Specialty Care as well as the domain saltlifecare.com since then we've received both an email and certified letter from Salt Life, LLC demanding we cease and decease using "Salt Life" in our business name. Meanwhile there are... View More

James L. Arrasmith
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answered on Mar 26, 2024

It's important to understand that an organization can indeed protect certain words or phrases, especially if they're integral to their brand identity, through trademarks. When it comes to business names, what matters most is the likelihood of confusion in the market. If your business... View More

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1 Answer | Asked in Copyright and Intellectual Property for Kentucky on
Q: Are characters "names" under copyright?

There's a character with the name Olivia Valedstorm. Would using just her last name for a talking sword character or a dragon be grounds for suing?

James L. Arrasmith
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answered on Mar 26, 2024

Character names can indeed be protected under copyright law if they are distinctive and well-known enough to be associated exclusively with the original work. However, copyright does not protect names, titles, short phrases, or expressions by themselves. It depends on the context and how unique and... View More

2 Answers | Asked in Copyright and Intellectual Property for Alabama on
Q: Can I legally copy copyrighted code examples that do a basic function for use as building blocks?

I want to build a collection of simple programs that are essentially building blocks to build original programs. An example would be a program that demonstrates multiprocessing with four threads.

James L. Arrasmith
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answered on Mar 26, 2024

In general, copying copyrighted code, even for basic functions, without permission can be legally risky. Copyright laws vary by country but typically protect the expression of ideas, including code. If the examples are copyrighted, it is best to seek permission, use alternatives that are in the... View More

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2 Answers | Asked in Copyright and Intellectual Property for Alabama on
Q: Can I legally copy copyrighted code examples that do a basic function for use as building blocks?

I want to build a collection of simple programs that are essentially building blocks to build original programs. An example would be a program that demonstrates multiprocessing with four threads.

Alan Harrison
Alan Harrison
answered on Mar 26, 2024

Like many software copyright questions, this one is fun to answer because it implicates the "merger doctrine" of (c) law.

Expressions of ideas have copyright as soon as the expression is made. Ideas themselves cannot have copyright. For example, detailed instructions for making a...
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1 Answer | Asked in Copyright and Intellectual Property for Utah on
Q: If I personally draw a silhouette of a character from a movie and put it on a tshirt to sell it, can i be sued?

I am looking to make a clothing item based on an idea from an animated movie but do not want to be sued for copyright infringement. All designs are personally hand-drawn by me but are based on characters from the movie. There are no details in the drawings, just silouettes.

James L. Arrasmith
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answered on Mar 25, 2024

If you create and sell clothing featuring silhouettes of characters from an animated movie, you could potentially face copyright infringement issues. Copyright law protects original works of authorship, including characters from movies. Even if you've hand-drawn these silhouettes without... View More

1 Answer | Asked in Copyright and Intellectual Property for Illinois on
Q: How should self-publishing authors who use Canva to create books answer Amazon’s copyright question?

Many authors who create books use Canva to create coloring books, activity books, etc. Canva has stated that they hold full copyright over the images, art, photos, fonts, etc. that can be used to create books. In addition, Canva states that they issue individual licenses to self-publishing authors... View More

James L. Arrasmith
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answered on Mar 25, 2024

When self-publishing authors use Canva to create elements for their books, such as in coloring books or activity books, they are operating under a license issued by Canva. This means Canva holds the original copyrights to the images, art, photos, and fonts provided within their service. Despite... View More

2 Answers | Asked in Copyright and Intellectual Property for Washington on
Q: If you have been selling fanart (possibly illegally) what is the process if the copyright holder decides to take action?

I have heard that most people selling fan art are small enough that they never end up getting in trouble, and I watched a lot of youtube videos where they said the most common first response if someone's art gets popular enough to be noticed is to get a 'cease and desist' letter.. is... View More

James L. Arrasmith
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answered on Mar 25, 2024

If you've been selling fan art and the copyright holder decides to take action, the initial step they might take is sending a 'cease and desist' letter. This is indeed a common first move. It serves as a formal request to stop the infringing activity. If you comply with this request... View More

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2 Answers | Asked in Copyright and Intellectual Property for Washington on
Q: If you have been selling fanart (possibly illegally) what is the process if the copyright holder decides to take action?

I have heard that most people selling fan art are small enough that they never end up getting in trouble, and I watched a lot of youtube videos where they said the most common first response if someone's art gets popular enough to be noticed is to get a 'cease and desist' letter.. is... View More

Eddie Burnett
Eddie Burnett
answered on Apr 5, 2024

The copyright holder (or their legal team) often starts by sending a cease and desist letter. After the cease and desist, there might be a period of negotiation or mediation to try and resolve the situation without going to court. This could involve agreeing to cease sales permanently, potentially... View More

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1 Answer | Asked in Copyright and Intellectual Property for Washington on
Q: Is it legal to write a book using copyrighted plot and characters as a lense through which to describe to tarot cards?

There are many books out there describing the meanings etc of the classic 78 tarot cards but it is super hard to actually remember all of the information since it is so isolated.. so I was wondering if I could write a book explaining the meaning of each card by using an examples of characters and... View More

James L. Arrasmith
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answered on Mar 24, 2024

When using copyrighted characters and plots, particularly from well-known creations like Miyazaki's films, for your own published works, you're navigating complex copyright laws. These laws typically protect original creative works from being used without permission, especially in... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Massachusetts on
Q: Is making up a "generic original name" more legal than trademark infringement?

Using "made up names that emphasize the quality of a game or movie without using any words related to trademarks" to refer to that game or movie is more legal than trademark infringement, is it? For instance, calling something "High Grossing Movie about a Memorable President:... View More

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answered on Mar 23, 2024

When dealing with trademarks and references to existing works, it's important to tread carefully. Using "generic original names" to avoid direct mention of a trademarked game or movie can reduce the risk of infringement, but it doesn't make it entirely legal or safe. The concept... View More

1 Answer | Asked in Copyright, Civil Rights and Intellectual Property 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

2 Answers | Asked in Copyright and Intellectual Property for Maryland on
Q: IS COLORING SOMEONE ELSES MANDALA DESIGN FRAMING IT AND SELLING IT ILLEGAL??????
Alan Harrison
Alan Harrison
answered on Mar 22, 2024

It depends on what license they gave you for the design. Did they give you a license for personal use only or for commercial uses as well? If they did not give you any license at all, it definitely is not a good Idea to sell their work as your own.

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2 Answers | Asked in Copyright and Intellectual Property for Maryland on
Q: IS COLORING SOMEONE ELSES MANDALA DESIGN FRAMING IT AND SELLING IT ILLEGAL??????
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answered on Mar 22, 2024

Coloring someone else's mandala design, framing it, and selling it can involve legal and ethical issues. It largely depends on the copyright status of the original mandala design. If the design is under copyright, using it without permission for commercial purposes could infringe on the rights... View More

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