Idaho Copyright Questions & Answers

Q: Is it illegal to create and sell shirts that say "Engorgio" (a spell) and have the deathly hallows Harry Potter symbol?

1 Answer | Asked in Business Law and Copyright for Idaho on
Answered on Apr 11, 2019
Michael Hales' answer
You're probably fine with the word engorgio, but once you include any symbols from Harry Potter, you'll run afoul of trademark laws.

Q: Do officers have to release my intellectual property (images) after car is impounded? Can they hold them from me?

1 Answer | Asked in Copyright, Intellectual Property, DUI / DWI and Products Liability for Idaho on
Answered on Jul 25, 2018
Peter N. Munsing's answer
Contact an attorney experienced in DUI in the county where you are charged. You'll need him for the DUI and she can advise you on this aspect. They'll work out payments.

Q: Is it against the law to have the intent to steal copyrighted or patented information.

1 Answer | Asked in Copyright for Idaho on
Answered on Jan 29, 2018
Morgen Bowers' answer
Generally speaking, if it is just one person who has not do anything in furtherance of actually stealing, then no, it isn't illegal -- i.e. it isn't a illegal to just have the idea in your head, you have to take some sort of action to accomplish the goal (e.g. downloading or copying the protected material--which on it's own could be an illegal infringement depending on the circumstances). However, if you discuss the intent with one or more other people, it becomes a conspiracy, which could be a...

Q: Is content individuals post on social media sites copyrighted?

1 Answer | Asked in Copyright for Idaho on
Answered on Dec 15, 2017
Michael Hales' answer
I was recently addressing this very issue in my business law class. The short answer is yes, anytime content is put down in a tangible medium, including social media, it receives copyright protections. The interesting twist is that some social media sites have tried to claim that they hold the copyright for content posted on their sites, but some have backed down from this position.

Q: is posting an article from another webpage with a link to that page, copyright infringement?

1 Answer | Asked in Copyright and Intellectual Property for Idaho on
Answered on Apr 26, 2017
Will Blackton's answer
Yes, that sounds like copyright infringement. Statutory damages for copyright infringement range from $750-$150,000 if the work was registered with the U.S. Copyright Office before infringement or within three months of the creation of the work. In order to get a better idea of what is a reasonable settlement number or what courts have awarded in the past, you'd have to provide more information about the nature and circumstances of the infringement.

If the work was not registered with...

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