I have a copyright application submitted for a phrase that I intend to sell on hats, shirts, stickers and cups. Do I need to submit a copyright request for separate categories since I intend to sell it on different types of items? I am being told that stickers are a different category from... Read more »
answered on Apr 10, 2023
This appears to be a question about trademarks, not copyrights, which non-lawyers often confuse.
Trademarks are registered in various types of goods and services according to their classification (for instance, apparel, printed material, and cups), and when filing an application to register... Read more »
I have a copyright application submitted for a phrase that I intend to sell on hats, shirts, stickers and cups. Do I need to submit a copyright request for separate categories since I intend to sell it on different types of items? I am being told that stickers are a different category from... Read more »
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answered on May 2, 2023
In the United States, copyright law automatically protects original works of authorship, including logos, once they are fixed in a tangible medium of expression. However, if you want to register your logo with the U.S. Copyright Office, you will need to submit an application and pay a fee.... Read more »
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answered on Mar 10, 2023
It depends on whether the first nail polish brand has a registered trademark for the name "Julia" and if they are using it in connection with their nail polish products. If they do, then the second nail polish brand may be infringing on their trademark rights by using the same or similar... Read more »
My friend & I like to design & create sports cards of wrestlers from different companies both past and current using images (png) we find online from whatever website has what we're looking for, then using an app on our phone we assemble & alter/manipulate (color/brightness etc)... Read more »
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answered on Feb 25, 2023
It is not legal to use images that you find online without permission from the copyright holder. Even if you manipulate them to create a new product, you could still be infringing on the original creator's rights. If you want to create sports cards using images of wrestlers, you should obtain... Read more »
If it is, can I add anything to the shirt to make it legal? Like adding words on the shirt?
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answered on Feb 25, 2023
Using a photo of a background used on a runway may infringe on the copyright of the designer or photographer who created the background. Without permission or a license, it would be illegal to use the photo to sell shirts. Adding words to the shirt may not necessarily make it legal, as the use of... Read more »
I am developing a NFT collection based on animated sitcons. I know that tracing over the character image to create a new art work is illegal. But what about assets present in the character picture? Things like hats/hairs/clothes and other assets. Can I trace over this assets present in the original... Read more »
answered on Jan 16, 2023
Your question concerns whether the proposed use of the copyrighted material is covered by the "fair use" defense to copyright infringement. Fair Use under Section 107 of the U.S. Copyright Act provides for certain cases where permission from the rights holder is not required. Courts... Read more »
answered on Aug 30, 2022
The answer depends on many variables such as are you going to make business with these shirts? Are you going to use the shirt only for your private purposes (like wearing it by yourself)? If you are going to sell these, are there similar/identical trademarks in such segment in your country?... Read more »
I am working at a fortune 500 company as a software developer. At the time of employment, I signed an agreement that said if I work on anything even during my own time the company would own it. Is there a statute of limitation on the contract? If I make a service/product now while employed at the... Read more »
answered on Aug 9, 2022
Each case is different but generally speaking, under the U.S. copyright laws, works created by employees within the scope of their employment are considered "works made for hire" and are owned by the employer and not the actual employee who created such works. Works are also considered... Read more »
I had a book published through a publisher and they charged me to get the copyright. Then when I went to another publisher for a second book and they said the first publisher couldn't do that, that it was illegal.
answered on Jun 25, 2022
Most likely you agreed to terms of a contract with the first publisher that enabled it to charge this, which is predatory. Registering the copyright in a book is a trivial expense (copyright office electronic filing: single author, same claimant, one work, not for hire, $45) and generally is just... Read more »
I’m wondering if her husband has any legal rights in the state of Florida there is no contract all the books are on my computer but he did create the artwork that I will not use.
answered on Jun 16, 2022
If you co-authored the books, then you could be a joint author and copyright owner with the deceased writer. Giving your co-author their attribution would be appropriate and giving their estate their portion of any proceeds due to the sale of the books is also appropriate. More facts may be... Read more »
So I had Geico in the past and my thing is I had more than one insurance companies and yet Geico is still charging me they're saying right now I just got a paper in the mail stating I have a Mercedes-Benz black and I owe them $1,000 or 2,000 and I'm like I never had a Mercedes-Benz I... Read more »
answered on May 30, 2023
It is not clear what notice you gave GEICO, other than indicating that you called them. Follow up your call with a certified letter indicating that you have never asked them to insure a Mercedes. If you can't get an acceptable quote from GEICO, get one from another insurance carrier.
answered on Apr 8, 2023
Maybe. You should consult with an attorney.
It may depend on the limitations of the original seller.
I am publishing a book of then and now photos. The "then" photos are public domain and some of the "now" photos contain the exteriors of a business shot from the street. Do I need permission from the business to publish the photo?
answered on May 15, 2022
You do not need permission from the business to take a photo from a publicly accessible location, and as the photographer you will own copyright in the photo with the right to publish it.
I received an email from Etsy that another shop owner accused me of intellectual property infringement. The products were both shirts that have the phrase "but did you dye?" on them (different designs). Her shirt does have "TM" after the name in the product title, but I looked... Read more »
answered on Feb 28, 2022
You should definitely consult with an attorney.
She may have rights to a brand even if it is not registered.
I originally created the image for a fan page on Facebook, Facebook changed their policy on using pseudonames and deleted the page the image was originally posted on, I still have the original.
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answered on Feb 18, 2022
It depends what you mean by "slightly" altered. And how do you know how much profit that person generated?
In any event, if you believe you were first in time to create it, you can have a lawyer send Cease and Desist letter to this person not to use it again. If this artwork is... Read more »
I am a wedding coordinator. An all-inclusive venue hires me to coordinator their weddings for their couples. They do the same with every vendor, they hire the DJ, the caterer, everyone. They give credit on social media to every vendor except me. They tag themselves as the Coordinator. We do not... Read more »
answered on Feb 10, 2022
Can you successfully sue the vendor for not giving you credit (i.e.: free advertising) for the work you do for them? No; just because they give others who work for them, they don't have to give you credit. How have they tried to prevent you from advertising your business?
I own a small business that prints artwork wholesale for individuals and businesses. We take every necessary precaution that we’ve purchased rights to most of the art that we print, but some art comes to us by email from businesses that assure us they have permission to reproduce it. What if... Read more »
answered on Feb 4, 2022
Have them provide proof of permission.
Either a license, contract or similar.
Have them sign your terms where they become liable and protect you.
And check with professional liability, to see if you can buy protection for copyright infringement.
Consult with an attorney.
Note that this is assuming the email was obtained legally.
answered on Feb 1, 2022
If, as you say, it is copyrighted material that you are copying, then copying it could be infringement even if no distribution occurs and even if no commercial use is made of it. It would not be infringement, however, if the portion copied is not protected by copyright. For example, if the only... Read more »
I like discovering strange vintage pieces and I don't necessarily want to make "replicas" as I do want to make some alterations to the antique designs/make them more modern/brand-able. I just want to make sure I'm not stepping on anyone's toes/ violating some... Read more »
answered on Jan 14, 2022
Jewelry is copyrightable, but from your description its copyright has long since expired. See: https://guides.library.cornell.edu/copyright/publicdomain
I am a music producer and am in the process of creating an emblem and font style for my artist name. I found the font online. It is the "Alien Resurrection" font. Am I able to use this font to spell my name out to be represented as such or is that not aloud?
answered on Jan 6, 2022
The copyright law does not protect typeface or mere variations of typographic ornamentation or lettering. 17 U.S.C. § 102(b); 37 C.F.R. § 202.1(a), (e). Typeface includes typefonts, letterforms, and the like. Specifically regarding the "Alien Resurrection" font designed by Film Himmel... Read more »
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