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Idaho Copyright Questions & Answers
1 Answer | Asked in Copyright and Trademark for Idaho on
Q: Can I print t-shirts with the phrase “Just Do It”?
Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 31, 2021

No

Please consult with an attorney

1 Answer | Asked in Copyright and Criminal Law for Idaho on
Q: Idaho if I sent provocative pictures of myself in bra and underwear or a sexy lingerie to my spouse then we break

Is it legal for them to post it on Facebook. It technically doesnt show the actual private part but pretty close. Or when i sent it to them thru text was that consent enough.

Kevin M Rogers
Kevin M Rogers answered on Jan 15, 2021

Your ex is committing a felony in Idaho, called Video voyeurism.

Idaho Code says:

A person is guilty of video voyeurism when:

(a) With the intent to annoy, terrify, threaten, intimidate, harass, offend, humiliate or degrade, he intentionally disseminates, publishes or sells...
Read more »

1 Answer | Asked in Copyright for Idaho on
Q: I took a photograph of a planter pot. With basil that is mass produced can put it on my blog

I just wanted to do a informative post about plants. The pot is just a big part of my photo I wanted to make shure it was fair use they dont give any one permission to take photos I bought the pot my self but is it considered a prop

Barbara Berschler
Barbara Berschler answered on May 2, 2020

Is there something distinctive about the pot that makes you worry? If it has trademarks or other brand related markings, you may wish to see how best to remove those. For example, are you able to edit the photograph so that the pot is not prominent? Can you make the pot portion of the photograph... Read more »

1 Answer | Asked in Copyright for Idaho on
Q: Are the words "Flux Capacitor" copyrighted?

I wanted to use the words for a college poster project that will only be seen by the teacher

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 10, 2020

You probably mean Trademarked.

It will depend on what you plan to use it.

If it is an internal project, not in commerce, your risk is rather low.

Consult an attorney.

1 Answer | Asked in Copyright for Idaho on
Q: How can I sell an instructional video of choreography to a high school without copyright issues?

I am a choreographer that creates competitive shows for High school dance teams and color guards. These groups learn their show to a specified piece of music and compete within the US to that music during a season. Usually they perform the show 5-10 times and make no money off of this. They... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Mar 26, 2020

For the music, depending on which you do, you could get a license from the recording copyright holder.

Check the manager of the rights, there are agencies that focus on that.

They offer different pricing depending on the use.

Once you have that, assuming no other IP issues,...
Read more »

1 Answer | Asked in Cannabis & Marijuana Law and Copyright for Idaho on
Q: Can I take the trade mark Hemp Hemp Hooray from original filing person? TM shows as being abandoned.

Will you please Google this to see what I'm seeing?

Robyn T. Williams
Robyn T. Williams answered on Feb 11, 2020

You cannot "take" a trademark from the mark owner if it is still being used in commerce as a source identifier, regardless of the federal registration status. Applying for and being allowed a federal registration does not automatically prohibit a mark owner from opposing registration,... Read more »

1 Answer | Asked in Copyright and International Law for Idaho on
Q: Battle Angel Alita created in Japan 1990 Epic Stone Group registered "Battle Angel" 2012, sued Fox Studios 2019, valid?

This seems odd that a pre-existing property that pre-dates this copyright registration by an American company would be at any risk for legitimate lawsuit. How can an existing intellectual property be registered to a company whom has no legal contract or agreement with said owners, and furthermore... Read more »

Griffin Klema
Griffin Klema answered on May 3, 2019

You ask a very interesting question, but unfortunately, it is laden with too many factual issues to provide a clear answer. Your best bet is to study copyright infringement, and when derivative works are insufficiently indistinct from the original source material. There might also be contractual... Read more »

1 Answer | Asked in Business Law and Copyright for Idaho on
Q: Is it illegal to create and sell shirts that say "Engorgio" (a spell) and have the deathly hallows Harry Potter symbol?
Michael Hales
Michael Hales answered on Apr 11, 2019

You're probably fine with the word engorgio, but once you include any symbols from Harry Potter, you'll run afoul of trademark laws.

1 Answer | Asked in Copyright, Intellectual Property, DUI / DWI and Products Liability for Idaho on
Q: Do officers have to release my intellectual property (images) after car is impounded? Can they hold them from me?

I was pulled over for having a license plate light out and issued a DUI. I was not arrested but car was towed and impounded, and later searched. I have contacted them several times about getting my hard drives and computer out of the car because I am a professional photographer and I'm already... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jul 25, 2018

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.

1 Answer | Asked in Copyright for Idaho on
Q: Is it against the law to have the intent to steal copyrighted or patented information.
Morgen Bowers
Morgen Bowers answered on Jan 29, 2018

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... Read more »

1 Answer | Asked in Copyright for Idaho on
Q: Is content individuals post on social media sites copyrighted?
Michael Hales
Michael Hales answered on Dec 15, 2017

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... Read more »

1 Answer | Asked in Copyright and Intellectual Property for Idaho on
Q: is posting an article from another webpage with a link to that page, copyright infringement?

If yes, what kind of damages can i expect?

Will Blackton
Will Blackton answered on Apr 26, 2017

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... Read more »

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