What is copyright infringement? As a general matter, copyright infringement occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed, or made into a derivative work without the permission of the copyright owner. Since you use the poem in a way that you are making...Read more »
I have been working with my lawyer for 1.5 years, and just as my disability retirement case is in the final stages (which looks like it won't be a winner), they decided to withdraw as my lawyer because they say I am not cooperating in good faith. Basically, the lawyer wanted me to submit my... Read more »
I’m sorry you had a negative experience with your attorney. Hire another attorney to handle your disability case if you don’t want to represent yourself. The issues with the forms from the doctor may have caused a problem with your case or it could be a the whole set of records don’t support...Read more »
Hi There!! A copyright is technically created the moment artistic expression is reduced to a fixed medium. To register your copyright see the government site https://copyright.gov/ which is very informative.
Yes you can. However, depending on whether your improved product falls within the original patent you may need a license to the original patent to sell a product. If your improvement is a kit to upgrade the original product then you may be ok. Lots of details and nuances. Best bet is to talk...Read more »
I want to be able to have a pocket for each foot to fit into (like a shoe) made of a silicone material that can fit in between 2 layers of silicone that looks and works like a Mermaid tail. Such as a mono fin or Flippers that are connected and require a swimmer to use both feet at once, unlike... Read more »
I suppose you are asking whether you can get a patent for your product or conversely, whether your product could potentially infringe another patented product. A patent attorney can do a patentability search on your product and review patented products to provide you with an opinion on both these...Read more »
A petition to revive an abandoned registration might be an option, but there are time limits involved. A revival petition must be filed no later than 2 mos. after the expiration notice (so that seems to have been September based on your July date). But if the registrant didn't receive the...Read more »
Names that are used to identify the source of goods or services, such as a group providing entertainment services, may be registered as trademarks. This is different from registering literary or musical works for copyright protection. Consult with a trademark attorney for more information.
Rx and OTC drugs come with monographs, medication guides and manufacturer pamphlets and I would like to know if one can reference their data without worrying about copyright laws. For example, ican someone make a database that customers pay a fee to join that summarizes the critical data from... Read more »
Yes, the guides and pamphlets are protected by copyright laws. However, you may still be able to create the database you are talking about without running into copyright issues. It would depend on how much of the information you used, whether you cite your sources correctly, and whether you use any...Read more »
I'm starting a small music streaming service. And one of the bands I was talking to said that they do not own the licenses to their music. But would like to be on the platform. They mentioned to me that, to use their music, I do not have to pay royalties, so long as the platform is free, as... Read more »
This sounds like a situation where you will need to hire a lawyer. There are a lot of moving parts that need to be parsed out. You may want to look into getting a blanket license like many radio stations have.
Look into hiring a copyright lawyer that has experience with musicians and...Read more »
If this is in Florida you apply for the name once the company has been administratively dissolved for 1 year. If you are not sure what to do you should get an attorney to help you with this process. The old company is able to reinstate their name for a fee and the late filing penalty, but not after...Read more »
Cosmetic Warriors keeps flagging all of my listings even though the title and description of my listings on Ebay specifically say my brand name, not theirs. They are complaining for using terms such as "(my company name) bath fizzies lush roses" saying it is copyright infringement.... Read more »
This use of the word may fall under Descriptive Fair Use of a trademark when a word is used in a descriptive manner and not as a trademark, and there is no association implied with the trademark owner.
While some people do purchase rights to use a trademark from trademark owners, if the mark is not being used by anyone, then the right to exclusively use a trademark is acquired through use for goods and services. Before filing for registration of a trademark, it is important to determine whether...Read more »
When a trademark shows status as Abandoned, is it usually cause by a failure to timely respond to an office action. You may be able to file a petition to revive the application depending on how much time has passed. Consult with a trademark attorney for more information.
She seems to be under the assumption that because she commissioned the design that it belongs to her. Unfortunately, many people make that incorrect assumption. The Copyright Act is clear that you need a writing for a work to be considered a work made for hire and only particular works fit within...Read more »
I have an ecomerce platform and recently got an email about the use of a copyrighted image from a company called pixsy. I was unaware that the image was copyrighted and immediately removed it but after re-reading their message removal is not enough. They require payment to the... Read more »
There's a good chance that they are right - you should not ignore this. If they end up filing a lawsuit against you, REALLY don't ignore it. You may wish to talk to your own lawyer now to get a better idea of how strong their case is, or you could just try to negotiate them down to a...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.