Ask a Question

Get free answers to your Copyright legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Florida Copyright Questions & Answers
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

View More Answers

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
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Copyright, Appeals / Appellate Law and Civil Rights for Florida on
Q: Instagram keeps taking my accounts I make saying I’m violating services but I haven’t violated

It says I’m selling and trading animal parts , buying explosives, and buying or selling drugs , which is all false what should I do to get my accounts back? I haven’t violated and instagram is almost impossible to get in contact with

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 7, 2024

Let me help you address this Instagram account issue systematically:

1. First, you should formally appeal Instagram's decision:

- Go to Instagram's Help Center

- Fill out their "Request a Review" form

- Include detailed information explaining that...
View More

2 Answers | Asked in Copyright for Florida on
Q: How would I go about getting a licnese from NOWHERE CO. LTD

I want to use an iteration of the character "Baby Milo" from bathing ape, but I don't know how I could get in contact with somebody for a license to use the character. I am a small part-time creator, and I want to use to discuss what the percentages and fees would be if I were to get... View More

Alan Harrison
PREMIUM
Alan Harrison pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 27, 2024

First search business records in the State where nowhere co. is organized. That will give you the company's registered agent. Then contact the registered agent about getting a license.

View More Answers

1 Answer | Asked in Copyright, Criminal Law and Libel & Slander for Florida on
Q: Road Rager - Florida - Positing it online

I had to deal with a brake checker (road rager). Captured it on my dashcam. I contacted the police, but they weren't interested. So I want to post it online to Youtube. In this video, I want to include the person's face along with their license plate (both still images added into the... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 8, 2024

When sharing footage of another driver’s behavior, it’s important to consider both legal and ethical implications. Displaying someone’s face and license plate can raise privacy concerns, even if the incident occurred in a public space like a highway. Florida law allows for recording in public... View More

1 Answer | Asked in Copyright for Florida on
Q: I color figures from coloring books. I'd like to sell the final product printed in mugs, tapestry, t-shirts, etc.

I opened a Virtual shop where I have published my products.

Can I have any legal problems with the coloring book copyrights?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 26, 2024

You could face legal issues if the coloring books you're using are protected by copyright, and you haven't received permission from the copyright owner to reproduce, alter, or sell the images. Most coloring books are copyrighted, meaning that even though you're adding your own color... View More

1 Answer | Asked in Consumer Law, Copyright, Criminal Law and Family Law for Florida on
Q: Lexus nexis reports that my ex husband is my brother and list me as a owner what do i do
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 18, 2024

If the information in your LexisNexis report is incorrect, such as listing your ex-husband as your brother or showing you as an owner, it’s important to correct it as soon as possible. Start by requesting a copy of your LexisNexis report if you haven’t already, and review it carefully for any... View More

1 Answer | Asked in Copyright and Intellectual Property for Florida on
Q: Where do I begin to start to copyright a creation?

I have this concept that I’ve drawn that has multiple characters but the name for the concept for all of them is the same, but actual names of individual characters is different.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 6, 2024

To begin copyrighting your creation, you need to ensure that your work is original and fixed in a tangible form, like drawings or written descriptions of your characters. Once you have this, you can proceed with the registration process through the U.S. Copyright Office.

Start by visiting...
View More

1 Answer | Asked in Consumer Law, Contracts, Copyright and Criminal Law for Florida on
Q: Will motion for forensic preservation & examination of petitioners media evidence, 911 call & body camera recordings be

The circuit court judge in FL. ss. 790.401 case, BA 32, 52 , ( ch. 394. I think )

LOOKING FOR AN APPEAL ATTORNEY PRO gun rights, pro religious rights pro CONSTITUTION.seeking representation in Tampa .

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 17, 2024

When looking for an appellate attorney, consider the following:

1. Specialization: Look for attorneys who specialize in appellate law and have experience handling cases similar to yours, particularly those involving gun rights, religious rights, and constitutional issues.

2. Bar...
View More

1 Answer | Asked in Copyright and Intellectual Property for Florida on
Q: Can links be intellectual property?

Heres the dilemma: Person 1 runs a Nike monitor and pays for it to give out Nike links to members that paid a subscription which allows them to get hype releases first. Person 2 else just posted a link from that Nike monitor (using the monitor's domain) to the public for free. Does that... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 31, 2023

In general, mere URLs or links themselves are not considered intellectual property. However, the issue here isn't just about the link but about the service Person 1 provides. If Person 2 is accessing Person 1's paid service and redistributing its contents without permission, there may be... View More

2 Answers | Asked in Copyright and Intellectual Property for Florida on
Q: I'm trying to avoiding copyright problems. if i use a copyrighted character but omit their name, am i still in trouble?

I'm trying to use Warner Bros characters in a fangame and not get sued

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 4, 2023

Using copyrighted characters without permission from the copyright owner, even if you omit their name, can still potentially lead to copyright infringement issues. Copyright law protects the expression of an idea, including characters, and not just their names. If the characters you are using are... View More

View More Answers

1 Answer | Asked in Copyright, Intellectual Property, Internet Law and Contracts for Florida on
Q: I need help regarding account closure from a livestream platform I worked on as an influencer. I believe they violated.

I believe they violated TOS. My account was banned while I wasn’t even streaming. They never told me why I was banned which in their terms of service states they have to apon request. They allowed a lot of bullying and illegal behavior to occur and didn’t defend me from phishing fake accounts... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 6, 2023

Hi there! Happy Sunday.

If you believe your account closure on the livestream platform violates their Terms of Service and you have been waiting for a response since March 2023, you may consider taking the following steps:

1. Review the platform's Terms of Service and policies...
View More

2 Answers | Asked in Copyright, Intellectual Property and Trademark for Florida on
Q: I began a Facebook page then group page & IG all as Solid Perfume Collectors. How do I trademark the name? Do I need to?

I am currently writing a book and probably will have several books which all refer to the name of my group SOLID PERFUME COLLECTORS. I also plan later to begin a website under that same name which is why I'm wondering if I would have to trade mark it. What would be the benefits? What would be... View More

Eric Estadt
Eric Estadt
answered on Jul 6, 2023

First, I want to caution that it is necessary to check whether the trademark is in use by anybody else prior to beginning use yourself, or you could be on the receiving end of a cease and desist letter or lawsuit. I recommend hiring an experienced trademark attorney to advise you on the risks and... View More

View More Answers

2 Answers | Asked in Copyright and Intellectual Property for Florida on
Q: I created, produced and hosted my podcast, Privacy Please back in 2020. My company is trying to claim it as their IP

I still do the podcast weekly, my company just had a 20 person layoff and I was included but they want to claim IP of my podcast which is at 166 episodes. All the work, and my voice was done by me alone but they never fully "sponsored" it. Do I have a fighting chance here?

Eugene Vamos
Eugene Vamos
answered on Jun 13, 2023

This topic falls under copyright law. Ordinarily, the author (and copyright owner) is the person or persons who

actually creates the work (podcast). However, “Works made for hire” are an exception to this rule. For legal purposes,

when a work is a “work made for hire,” the...
View More

View More Answers

1 Answer | Asked in Consumer Law and Copyright for Florida on
Q: Geico has been still charging me monthly and I haven't been with them in a long time.

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... View More

Terrence H Thorgaard
Terrence H Thorgaard
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.

4 Answers | Asked in Intellectual Property, Trademark and Copyright for Florida on
Q: Do I need 2 copyrights if I intend to sell my logo on hats as well as stickers?

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... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
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...
View More

View More Answers

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.