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, Patents (Intellectual Property) and Trademark for Florida on
Q: How come, Bape doesnt sue Sprayground for having the same 'shark mouth'?
Brian Lehman
Brian Lehman
answered on Feb 20, 2017

Litigation can be expensive so Bape may have decided just to let it go. In New York City, there are dozens of "Ray's" Pizzas and everyone let's it go: https://en.wikipedia.org/wiki/Ray's_Pizza

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Florida on
Q: Looking to lisence my idea through a patentented idea.broadening the outlook.multi million dollar idea.

How specific does a patent need to be?

Will Blackton
Will Blackton
answered on Feb 3, 2017

Drafting a patent is a highly technical task and should be done by an experienced patent attorney. Contact your state bar association, using their lawyer referral program, to find the contact information of an experienced patent attorney.

1 Answer | Asked in Business Formation, Business Law, Copyright and Intellectual Property for Florida on
Q: Business naming issue, is this naming scenario infringement of naming rights?

I'm starting a business and the best name I've tested bares some level of similarity to another established brand.

Here is a comparable hypothetical scenario, would this be legally acceptable on a scale of 1 to 10 with 10 being totally acceptable:

Established company A)... View More

Will Blackton
Will Blackton
answered on Feb 3, 2017

I don't think it would be ethically permissible for an attorney to answer that specific question for you without establishing an attorney-client relationship. Find a local attorney who does business transactional and trademark work. This statement is obviously self-serving, but also... View More

1 Answer | Asked in Copyright for Florida on
Q: I wrote a parody song & I plan to post on YouTube- Fair Use parody question regarding copyrighted photos.

The song is a parody of a popular hip hop song using my lyrics. The video is made up of random pictures, some of which are copyrighted photos of celebrities. From what I understand of Fair Use, is that I would be safe because the video is a parody. Am I understanding this correctly?

Will Blackton
Will Blackton
answered on Feb 2, 2017

No, you are not understanding this correctly.

Generally, all photographs are copyrighted. A photograph does not need to contain the (c) copyright symbol to be copyrighted. I say "generally" only because authors of creative work can give up the rights to their work and photos...
View More

1 Answer | Asked in Copyright for Florida on
Q: Hello, can a website expressing an idea be protected under copyright laws?
Will Blackton
Will Blackton
answered on Feb 1, 2017

Copyright law does not protect ideas. Copyright would, however, protect the expression of that idea, so the text of the html/css/php are protected. If someone copies a large chuck of your code verbatim, that would likely be copyright infringement. If someone likes the structure of your website,... View More

1 Answer | Asked in Copyright, Estate Planning, Real Estate Law and Probate for Florida on
Q: How can a person take possession of a home if owners have passed and property taxes are delinquent?

My parent is living in a house, in Florida, and found out that the owners of the property have passed. He began receiving notification that property taxes have not been paid since 2012. He paid the overdue taxes and continue to pay the property taxes and maintain the house as if it is his property.... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 14, 2016

Your father is already in possession of the property. How did that happen? Is he renting the property? Does he have a lease? If the owners have died, it is likely that their personal representative(s) are unaware that their estates own the property. Contact the court in their last known... View More

1 Answer | Asked in Copyright, Employment Law, Personal Injury and Products Liability for Florida on
Q: ilegal app design question

hello, I am freelancer web designer, and a client is asking me to design the screens for an app, but I believe that the app he wants to develop is illegal, but I only have to do the design but I do not know if after I can have problems with the law for be the designer on this app.

I only... View More

Peter N. Munsing
Peter N. Munsing
answered on Jul 21, 2016

Depends on the illegality. If it is in fact a felony (i.e. child porn,) yes,you could be viewed as a possible co-conspirator

At least get advice of a criminal attorney.

1 Answer | Asked in Copyright for Florida on
Q: I removed copyright images from website months ago, but a company is saying they have a screenshot and want $750?

I unintentionally had copyright images on my website and a company sent me a letter that I need to pay $750 for each image, as it was taken without permission. I paid those fines, and took all of the images off of my website in June of this year. Now another company is saying they took a screen... View More

Adam Studnicki
Adam Studnicki
answered on Nov 8, 2015

Sounds like it could be a scam. Run it by a local copyright lawyer.

1 Answer | Asked in Copyright for Florida on
Q: what should I do if a state prosecutor files information on a charge by verbiage I can not be guilty?

for example...the elements of the mentioned crime is defendant under 18, when I am in fact older by decades?

Robert Jason De Groot
Robert Jason De Groot
answered on Nov 5, 2015

Hire a private criminal defense attorney.

1 Answer | Asked in Copyright for Florida on
Q: DMCA takedown notice for website that didn't pay for web design?

I'm a web designer. I built two sites for a client. For the first site, everything was agreed upon through the website elance.com. For the second site, everything was agreed upon through email.

I did not have an official contract as such for either site (although the elance system may... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Aug 28, 2015

Did you copyright your work or not? This is much more than a basic legal question. It requires a bit of research to answer.

1 Answer | Asked in Copyright for Florida on
Q: In a copyright infringement suit of a photo unknowingly used on a companies (LLC) website go the owner's personal assets
Robert Jason De Groot
Robert Jason De Groot
answered on Aug 7, 2015

Read your post, what are you actually asking? What does "go the owner's personal assets" mean? Can a judgment creditor seize assets that are not exempt from the claims of creditors? Yes.

1 Answer | Asked in Copyright for Florida on
Q: Can I print a shirt with a trademarked saying if it is printed with different font/colors/sizes etc?

I have seen the saying on numerous shirts from different companies all printed with different fonts/colors/sizes. I see that the saying has been trademarked. Can I print that same saying and use different designs?

Robert Jason De Groot
Robert Jason De Groot
answered on Aug 4, 2015

The answer is sure, but that gets another question of what will happen to you if you do.

1 Answer | Asked in Copyright for Florida on
Q: Want to write a book that is collaboration of other peoples stories. How can I protect myself from being sued?

What all do I need to do to protect myself besides have their consent?

Robert Jason De Groot
Robert Jason De Groot
answered on Jul 23, 2015

The situation is a bit more complex than you think in my opinion. You need to learn all about copyright law, or go see a copyright attorney.

1 Answer | Asked in Copyright for Florida on
Q: I would like to use just one line from a song in a piece of art and then sell it through my craft business. Is this ok?
Robert Jason De Groot
Robert Jason De Groot
answered on Jul 9, 2015

It might be a copyright infringement. Go see an attorney about this, one who knows copyright law.

1 Answer | Asked in Copyright for Florida on
Q: If I buy a design online do I have the permission to use it for commercial use in one of my own designs for printing?
Robert Jason De Groot
Robert Jason De Groot
answered on May 21, 2015

What does the contract say? No, you cannot use someone's copyright without express written permission.

1 Answer | Asked in Copyright for Florida on
Q: Can you rework a publicly posted legal document for your use for the same argument?

There is a public government website where people have to publicly post their argument for an exemption to a regulation. I would like to take a previously accepted legal document that has been published and rework it for my use. Can I use the wording that is in this document for my own? Does this... View More

Robert Jason De Groot
Robert Jason De Groot
answered on May 21, 2015

Pleadings are not usually copyrighted in my opinion, or at least I have never seen one that has been copyrighted. Use your own words and express the same legal concepts for thed exemption, read and know the cases too.

1 Answer | Asked in Copyright for Florida on
Q: Is it considered a public music performance if a customer plays music out loud on their own device in a business?

Is a business or restaurant breaking the law if they do not have a blanket license from ASCAP, BMI, or SESAC, and they do not play any music in the business but a customer plays music out loud on their iPod or phone? Is that still considered a public performance even though it is not authorized... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Mar 22, 2015

No is my guess.

1 Answer | Asked in Copyright for Florida on
Q: Do song lyrics that include the name of a non- profit business need its permission to publish?
Robert Jason De Groot
Robert Jason De Groot
answered on Mar 11, 2015

Probably not, but it would be good to investigate further.

1 Answer | Asked in Copyright for Florida on
Q: We publish a magazine that has recipes submitted by our members. Can we use those recipes for other purposes? For sale?

We have an association that publishes a quarterly magazine. Much of the content is created internally, but our members submit recipes they have created for us to publish and share with the membership (usually around a theme). Are these recipes now ours to use as we wish elsewhere or are we... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Feb 23, 2015

You need to go see a copyright attorney about this. Surely, there are some that have been copyrighted. Do you pay for the recipes?

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.