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Florida Copyright Questions & Answers
1 Answer | Asked in Business Law, Copyright, Civil Rights and Intellectual Property for Florida on
Q: as a photographer can photos of people in a public space be added to my website without the permission of the person?

as a freelance photographer, do i really need someones permission to add the pictures i take in a public setting to my website? or would this not be allowed for any reason?

James L. Arrasmith
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answered on Jun 19, 2024

As a photographer, you generally have the right to take photographs of people in public spaces without their permission. This is based on the legal principle that there is no reasonable expectation of privacy in public places. However, there are some important considerations and potential... View More

1 Answer | Asked in Intellectual Property and Copyright for Florida on
Q: Can i do a parody video on youtube using a Beatles song changing the lyrics
James L. Arrasmith
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answered on Jun 13, 2024

Creating a parody video using a Beatles song with altered lyrics can be tricky due to copyright laws. Parody is often protected under fair use, but it needs to be clear that the work is a parody, commenting on or criticizing the original in some way. Simply changing the lyrics without this context... View More

1 Answer | Asked in Copyright and Intellectual Property for Florida on
Q: Can I use picture frame designs around the text in my authored books?
James L. Arrasmith
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answered on Jun 8, 2024

Based on your question, it seems you are asking whether using decorative picture frame designs around the text in books you have written would be legally permissible from an intellectual property perspective. Here are a few key considerations:

Copyright: Assuming you created the picture...
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2 Answers | Asked in Contracts, Copyright, Civil Rights and Intellectual Property for Florida on
Q: need help taking videos down on multiple websites that were not consented to post

i was on a camgirling website as a guest and to my surprise the videos were posted long ago, i want to know if i can have help to remove them all

Jennifer Newton
Jennifer Newton
answered on Jun 3, 2024

To address this issue, you'll need to take the following steps:

Contact the website and send a formal request to the website's administration, demanding the immediate removal of the videos. This request should include:

-Identification of the specific videos in question....
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2 Answers | Asked in Contracts, Copyright, Civil Rights and Intellectual Property for Florida on
Q: need help taking videos down on multiple websites that were not consented to post

i was on a camgirling website as a guest and to my surprise the videos were posted long ago, i want to know if i can have help to remove them all

James L. Arrasmith
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answered on Jun 3, 2024

I understand your concern and the urgency of getting those videos removed. First, you should contact the website where the videos were originally posted and request their removal. Many sites have policies against posting non-consensual content, and they might act quickly to take it down.... View More

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2 Answers | Asked in Copyright and Intellectual Property for Florida on
Q: If I wanted to copyright art for a new card game, would that protect just one card, or every single one?

I'm making a new card game, and while all of the art is original, I'm worried someone might steal it. If I were to copyright it would it protect all of my art or just one single card?

Alan Harrison
Alan Harrison
answered on Apr 24, 2024

You could file a copyright registration for each individual card or for the whole set of cards. If you file for the whole set as one registration and someone copied just one card there is an argument that their copying would be de mínimus (not a big deal) compared to the whole set of cards.

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2 Answers | Asked in Copyright and Intellectual Property for Florida on
Q: If I wanted to copyright art for a new card game, would that protect just one card, or every single one?

I'm making a new card game, and while all of the art is original, I'm worried someone might steal it. If I were to copyright it would it protect all of my art or just one single card?

James L. Arrasmith
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answered on Apr 25, 2024

When you create a card game with original artwork, you automatically have copyright protection for each individual piece of art you created. However, registering your copyright with the U.S. Copyright Office (assuming you're in the United States) provides additional benefits and makes it... View More

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1 Answer | Asked in Copyright and Intellectual Property for Florida on
Q: If I modify a Japan art work that is copyrighted am I subject to American or Japanese Copyright law?

I am living in the United States, this is a non profit fan image, i have no intentions of profiting or selling the image

James L. Arrasmith
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answered on Apr 11, 2024

In this case, there are a few key considerations:

1. Jurisdiction: Generally, copyright infringement lawsuits are governed by the laws of the country where the lawsuit is filed. As you're based in the U.S., it's likely that U.S. copyright law would apply if a lawsuit was brought...
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2 Answers | Asked in Copyright, Business Law and Intellectual Property for Florida on
Q: I am making a product that can accompany books. Is it legal if I say “pairs well with (name of a book not written by me)
James L. Arrasmith
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answered on Apr 5, 2024

It is generally legal to say that your product "pairs well with" a specific book, even if you did not write that book. This would likely be considered nominative fair use.

Nominative fair use allows you to refer to another party's product or work in order to describe your...
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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 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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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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Q: Can I still get any royalties, can I modify my design to re submit?!

My design expired can I modify it for resubmission, is their possible law suits I can receive compensation from?

James L. Arrasmith
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answered on Mar 5, 2024

Based on the limited information provided, I'll try to address your questions as best as I can.

1. Royalties: If your design patent has expired, you will no longer receive royalties from it. Once a patent expires, the invention or design enters the public domain, meaning anyone can...
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1 Answer | Asked in Copyright, Intellectual Property and Trademark for Florida on
Q: If my legal name is Billy, can I name my business Billy The Kid - Home Repair& Restoration?
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answered on Mar 2, 2024

Choosing a business name is a significant step in establishing your brand and presence in the market. Using your legal name, Billy, as part of your business name, such as "Billy The Kid - Home Repair & Restoration," is generally permissible. However, it's essential to consider a... View More

1 Answer | Asked in Copyright and Intellectual Property for Florida on
Q: Can a church sing songs while on a LIVE (Facebook, Instagram, TikTok...)? Almost all the song by a recording artist

The 17 U.S. Code 110 does not state that a disclaimer has to be posted.

James L. Arrasmith
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answered on Feb 21, 2024

While churches may stream live services on platforms like Facebook, Instagram, or TikTok, it's essential to be mindful of copyright laws when using recorded songs during these broadcasts. The fact that the songs are performed live in a church setting does not exempt them from copyright... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Florida on
Q: I make wood cut maps, can I use the name of a University in a map, no logos just the name
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answered on Feb 4, 2024

Using the name of a university on a woodcut map can potentially raise trademark and intellectual property concerns. While you're not using logos, universities often have trademark protection for their names to prevent unauthorized use for commercial purposes. Whether you can use the name... View More

1 Answer | Asked in Copyright, Entertainment / Sports, Gaming, Trademark and Intellectual Property for Florida on
Q: can I use an unrecognizable video game character to hit a block similar to Mario Bros?

On my website I'd like to have an unrecognizable character jump up and strike a block having an item come out of the block. The motion would be similar to the Mario bros. Would this create any copyright issues with Nintendo?

James L. Arrasmith
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answered on Feb 1, 2024

Using an unrecognizable character in a video game-like scenario, where the character jumps and hits a block to release an item, may still raise potential copyright issues with Nintendo or other video game companies. While the character itself may not be recognizable as a specific copyrighted... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Florida on
Q: Is Mickey Mouse protected by copyright and trademark? How can it be protected by both types of intellectual property.
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answered on Jan 23, 2024

Mickey Mouse, as a character and brand, is indeed protected by both copyright and trademark laws. Copyright protects original works of authorship, such as movies, books, and artwork, including animated characters. Mickey Mouse, as a creation of Walt Disney, falls under this category, safeguarding... View More

2 Answers | Asked in Copyright, Trademark and Intellectual Property for Florida on
Q: Would Using the same color palette as waste management for branding of my dog poop removal business be illegal

The Waste Management Logo Colors with Hex & RGB Codes has 2 colors which are Cadmium Green (#026937) and American Yellow (#EDAA00). If I use these colors for my Dog poop removal business branding/logo/car wrap will I open myself up to litigation

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answered on Jan 5, 2024

Using a similar color palette to that of another company, like Waste Management, in itself is not typically illegal. Colors alone are generally not sufficient to constitute a trademark infringement unless they have acquired distinctiveness and are strongly associated with a particular company or... View More

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1 Answer | Asked in Trademark, Copyright and Intellectual Property for Florida on
Q: Hi, are the decorative patterns on the Pfaltzgraff Yorktowne dish wares trademarked or can I sell paint stencils of them
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answered on Nov 28, 2023

No, the decorative patterns and designs on Pfaltzgraff Yorktowne dishware lines are very unlikely to be protected by active trademarks or eligible for trademark protection. Therefore, you should generally be free to sell paint stencils replicating those patterns without infringing trademarks.... View More

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