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Florida Copyright Questions & Answers
1 Answer | Asked in Copyright and Trademark for Florida on
Q: Hello, I run a blog where I offer free printable to my readers. What Halloween words can I use?

Can I use words like spooky, trick or treat, and boo. I'm not sure if those words are trademarked. Thank you in advance for your reply.

Griffin Klema
Griffin Klema
answered on Dec 12, 2017

Although the spooky season has come and gone, here's an answer for next year's festivities: Try searching on TESS for the word, or on the WIPO brands database. If a mark is registered, you have to determine what classes of goods its being used on, and then compare that to what goods or... View More

2 Answers | Asked in Copyright for Florida on
Q: Ibought a storage unit on auction with boxes of NEW books, can I sale them with out getting in trouble with the writer?

I don't know anything about the copyright although I read on Google that if you buy legally you can sale it legally well if they are no copies , so if you can give me any information about this I'll really appreciate it, thank you.

Alonso.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 8, 2017

It shouldn't be a problem. You can sell books, just can't make copies and sell those copies.

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1 Answer | Asked in Copyright and Intellectual Property for Florida on
Q: I bought a painting at a yard sale and it doesn’t have any signature,and I recently modified a picture of it.

Now, I’m wondering do I own the rights to the modified version because the physical painting is still normal.I would like to use the modified version on t shirts to sell.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 8, 2017

I think you do own the rights. It doesn't appear that the painting is protected by the copyright laws because the artist is not identified.

1 Answer | Asked in Copyright, Civil Litigation and Entertainment / Sports for Florida on
Q: What if someone uses video of you in a TV commercial without your permission?

I was in a program 14 years ago (18 years old) that helped young people with interview skills and making a resume. Recently I have seen a commercial on tv with me in it. I did not agree to this and I do not want to be in this commercial. I contacted the agency and they emailed me the commercial to... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Dec 8, 2017

When you participated in the program 14 years ago and video was taken it is possible that you signed paperwork that gave them the right to use the video footage however they see fit. I am guessing that you would not have any of the paperwork that you may have signed from then.

You may want...
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1 Answer | Asked in Business Law, Contracts and Copyright for Florida on
Q: I created a character,at a small business I started, then I dissolved the business,can an ex employee, make claim to it

I created a company with a few friends called G7 studios,I created a comic book character , later we dissolved the company can any ex employee make claim to it

Ayesha Chidolue
Ayesha Chidolue
answered on Nov 21, 2017

Without more it is difficult to determine but the question would be, did the employee create it while under your employment and did you have an agreement that basically said anything created by an employee for the employer belongs to the company etc or did you yourself create the character?... View More

Q: Can a patent owner request that i send them all of my products they consider to be a counterfeit?

i recently started selling pop up phone grips online, not thinking or researching if there was a patent. I got them cheap from a supplier on Alibaba and listed on Amazon. I have only been selling for a week now and popsocket, which is the brand name which owns the patent, has reported my listing as... View More

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Nov 15, 2017

I have seen a patent case that was awarded less than a dollar in damages as they wanted to make a point in a bigger set of battles.

As a practical matter, if you can show that you shipped them back to your supplier for a refund, then it is unlikely that they will chase you. We do not know...
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1 Answer | Asked in Copyright, Real Estate Law and Landlord - Tenant for Florida on
Q: In a Legal Aid representation, is an acting attorney permitted to charge fees, and if so what fees and costs?

Are Legal Aid attorneys, that are members of the County Bar Association, not bound by the Rules of Representation of that County?

Andy Wayne Williamson
Andy Wayne Williamson
answered on Oct 17, 2017

Your question does not make sense. Try asking again and give more specifics. One answer would be that the legal aid attorney can charge as stated in the fee agreement.

1 Answer | Asked in Copyright for Florida on
Q: Can I create a website that features playlists with artists' music and make money off advertisements?
Will Blackton
Will Blackton
answered on Sep 27, 2017

If you mean creating playlists which include the associated music files, you cannot legally do what you asked about.

If you mean merely posting the names of songs and artists in an orchestrated order as a text file on a website, there wouldn't be an issue under copyright law in this...
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1 Answer | Asked in Copyright, Intellectual Property and Internet Law for Florida on
Q: Can a famous artist post your fan art after cropping out your logo and not giving you credit?

I made an album cover for a very famous rap artist, and I sent it to him. A few days later he posted it on his official Instagram for millions to see, but he cropped my logo off of the bottom. Now the image is being used in thousands of places on the internet without my permission, and the famous... View More

Benton R Patterson III
Benton R Patterson III
answered on Sep 25, 2017

It appears you likely do have a case for copyright infringement. If you created the album cover, you are the copyright owner. You have the right to determine whether your work is reproduced. One thing to consider is whether your message to him granted him permission to use the artwork. An... View More

1 Answer | Asked in Copyright and Trademark for Florida on
Q: Can I use product logos in a CV/resume?

In an attempt to make my resume more unique and visually appealing, I want to include some company and product logos on my resume, including Instagram and Adobe software. I've seen this done on some resumes that I've looked at for inspiration. However, I've looked at the brand... View More

Griffin Klema
Griffin Klema
answered on Sep 21, 2017

It's probably what is called fair use. Technically, that is a defense to infringement, but if you are concerned about your image and improper use of logos, ask yourself this: What do you gain by including these visual elements on your resume? Will the recruiter think more or less highly of... View More

1 Answer | Asked in Copyright and Trademark for Florida on
Q: If several Rhonda's have trademarked the term "Help Me Rhonda", Could another "Rhonda" register it for marketing?

I'm a Realtor, Staging/redecorating and landscape designer... I would like to use it for my catch phrase "Help Me, Rhonda!"

Benton R Patterson III
Benton R Patterson III
answered on Sep 18, 2017

Possibly so, it depends on what goods/services the other trademarks are associated with. A trademark attorney would need to review the other registrations.

1 Answer | Asked in Copyright, Civil Rights, Intellectual Property and International Law for Florida on
Q: Hello!

If I have a business/product idea and want to pursue it with an already established company, instead of starting from scratch how can I work with them without them stealing the idea or product from me, what's the safest approach for me as far as the law goes to protect my idea

Richard Sternberg
Richard Sternberg
answered on Aug 8, 2017

Develop a description of your product that does not reveal any of the protected information. Once you get a company interested, pay a lawyer for a Non-Disclosure Agreement, commonly called an NDA. Get it signed before you reveal anything identifiable.

2 Answers | Asked in Copyright, Criminal Law, Real Estate Law and Landlord - Tenant for Florida on
Q: Can you legally record someone on video with audio, in your home without their consent?

can I record my landlord showing our home to prospective tenants? He is not a very trustworthy man.

Andy Wayne Williamson
Andy Wayne Williamson
answered on Aug 8, 2017

I would say no. Florida has a two party consent law and typically you need both parties to consent to being recorded. The law on this topic varies depending upon circumstances. I suggest that you not do it as improper recording of a person is a criminal law violation in Florida.

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1 Answer | Asked in Copyright and Intellectual Property for Florida on
Q: I have a coaster that has a saying on it. I've used it in a photograph I took at my home. May I use this photo?

May I use this photo on Instagram as a casual photo though it has my business logo subtlety placed?

Dr. Jamie Cuticchia
Dr. Jamie Cuticchia
answered on Aug 2, 2017

The relevant terms of use of Instagram:

You represent and warrant that: (i) you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (ii) the posting and use of your Content on or through the...
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1 Answer | Asked in Contracts, Copyright, Communications Law and Intellectual Property for Florida on
Q: Did I break the terms of my iOS iphone EULA? Did I break copyright law?

In the recent past I have taken a picture (using my iphone camera) and also a video of a professional photo that I had made at a photo studio. I either uploaded this to my facebook messenger story or sent it via iMessage/text or facebook messenger to friends that I wanted to see it. I have also... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 21, 2017

Did your phone company tell you that you had violated their EULA? If not, I don't think you have to worry about it.

1 Answer | Asked in Copyright and Intellectual Property for Florida on
Q: My website www.Clipedia.co offers a paid index that gathers youtube videoclips. is there any copyright violation?
Griffin Klema
Griffin Klema
answered on Jul 5, 2017

Maybe. This is a very interesting situation where you are essentially aggregating or curating particular content from another site, and earning money by doing so. The exact way you are conducting your business will likely inform the full answer to your question, and without further details on... View More

1 Answer | Asked in Copyright for Florida on
Q: If a non copyright song is used for the creation of a new song does that make the new song a derivative?

As a Musician, if I work with a producer who has a non copyright version of a song and we create a new song from that for my album does that mean the producer has 100% ownership of the new song? I rewrote all the lyrics and the producer altered some of the music for the new song.

Will Blackton
Will Blackton
answered on Jun 24, 2017

There are a few issues raised by your question.

I'll ignore "non copyright version of the song" and address who owns the copyright in a song created by two or more people:

First, you should have a written agreement between you and the producer that expressly assigns...
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1 Answer | Asked in Copyright, Intellectual Property and Trademark for Florida on
Q: Can a non trademarked character be remixed and sold for profit?

I have found somebody who has changed a character that is not specifically trademarked to either be skinnier or shorter and is selling both versions online for profit. The character is fundamentally identical in all three versions, so would someone using the character for profit be a blatant... View More

Walker Weitzel
Walker Weitzel
answered on Jun 23, 2017

This would be a copyright issue. The case is also fact-specific, meaning that without more information, it will be tough to speculate about whether infringement is likely. If you would like to assert a copyright, you will need to register it. Copyright registration is straightforward, and can... View More

1 Answer | Asked in Copyright, Business Law and Intellectual Property for Florida on
Q: If you pay someone a lot of money for writing, and one of the docs is completely plagiarized, what are your options?

I paid someone $500 up front with another $750 due, for training materials. One of the documents was completely plagiarized from something else on the web (a paid course). How do I go about this? I paid via paypal... Will paypal give me my money back.

Griffin Klema
Griffin Klema
answered on Jun 12, 2017

Well, there are likely several options.

First, try to work things out with the other side, and advise them that you believe the work product they provided appears plagiarized and you are concerned about your liability in using/selling the materials. See if they are willing to re-write the...
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1 Answer | Asked in Employment Law, Contracts, Copyright and Entertainment / Sports for Florida on
Q: I am working on a film documentary, and out of bad spirits, an interviewee refused to sign release, can I sue him?

I am wondering if I can sue him for bad intentions because this is for college applications. Also, if I were to release the film, could he sue me? It is under my company's name and I am a minor

Will Blackton
Will Blackton
answered on Apr 28, 2017

Many states have a "misappropriation of likeness or image" cause of action, which means broadly: It is illegal to use someone's likeness or image without their consent or beyond the scope of their consent. Generally, you do not have the right to use someone's performance on... View More

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