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Illinois Copyright Questions & Answers
1 Answer | Asked in Copyright and Intellectual Property for Illinois on
Q: Can I ask them not to use my photography if I was a contractor and the job exceeded scope and pay?

I was hired as a Marketing Coordinator in April. When I started, they stated they wanted social media graphics to promote bands, occasional visits to take videos of bands playing, a website redesign, and they wanted to get some photos of food. They paid a $400 flat fee a month. In June, I went in 3... View More

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answered on Jul 2, 2024

1. Copyright ownership:

Generally, the creator of a photograph owns the copyright to that image, unless it's considered a "work for hire" or there's a written agreement transferring the rights. As a contractor without a signed agreement, you likely retain the copyright...
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1 Answer | Asked in Copyright and Intellectual Property for Illinois on
Q: If information is obtained from ChatGPT then put into a toolkit that is published to the public, is that plagiarism?

A toolkit was created using ChatGPT and the toolkit will be released to the public. I'm wondering if that is considered plagiarism.

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answered on Apr 25, 2024

The situation you've described is a complex one without a clear-cut answer, as the intellectual property considerations around AI-generated content are still being debated and the legal landscape is evolving. Here are a few key points to consider:

1. Plagiarism typically involves...
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1 Answer | Asked in Copyright and Intellectual Property for Illinois on
Q: How should self-publishing authors who use Canva to create books answer Amazon’s copyright question?

Many authors who create books use Canva to create coloring books, activity books, etc. Canva has stated that they hold full copyright over the images, art, photos, fonts, etc. that can be used to create books. In addition, Canva states that they issue individual licenses to self-publishing authors... View More

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answered on Mar 25, 2024

When self-publishing authors use Canva to create elements for their books, such as in coloring books or activity books, they are operating under a license issued by Canva. This means Canva holds the original copyrights to the images, art, photos, and fonts provided within their service. Despite... View More

1 Answer | Asked in Copyright, Entertainment / Sports, Gaming and Intellectual Property for Illinois on
Q: Can I use a short clip of a video game being played on a Nintendo Switch with audio for a total of 3secs in short film?

Film will be entered in film festivals

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answered on Feb 21, 2024

Using a short clip of a video game being played on a Nintendo Switch in your short film may raise copyright concerns, even if it's only for three seconds. Nintendo is known for being vigilant in protecting its intellectual property rights, including the use of its video game footage. While... View More

1 Answer | Asked in Business Formation, Copyright and Intellectual Property for Illinois on
Q: If I create a non canon character in a canon universe. Can I be held liable?

Example: I want to create a character to use commercially in the Invader Zim universe, without using any of the main characters or storylines.

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answered on Jan 3, 2024

Creating a non-canon character within an existing universe, such as in the Invader Zim universe, generally falls under the realm of fan fiction or fan-created content. However, the legal implications of using such a character commercially can be complex and may depend on various factors, including... View More

1 Answer | Asked in Copyright, Trademark and Intellectual Property for Illinois on
Q: Hi! Can I use this phrase on a t-shirt "tomorrow will be a great day with lots of sun"

Hi! Can I use this phrase on a t-shirt that I intend to sell online "Tomorrow will be a great day with lots of sun" if someone has already trademarked the phrase "Tomorrow will be a great day"?

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answered on Dec 9, 2023

Using the phrase "Tomorrow will be a great day with lots of sun" on a t-shirt could potentially raise concerns if "Tomorrow will be a great day" is a trademarked phrase. In trademark law, the primary consideration is the likelihood of confusion among consumers. If your phrase is... View More

1 Answer | Asked in Trademark, Copyright and Intellectual Property for Illinois on
Q: New TM owner of NAME said stop all PRINTS of photos and publicity shots of that person. Raced from 20's to 40's. Do I?

Joe Petrali was a famous record-setting motorcycle racer. His best days were from the 1920's to 1940's. He was well photographed and was paid to race for Harley Dealerships and the Harley Factory. We received the family archive album of Harry Molenaar who was one of the better known... View More

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answered on Oct 31, 2023

While the ownership of a trademark in a name can grant rights to prevent others from using that name in commerce in a way that might cause confusion, it does not grant an absolute right over all uses of that name or over the likeness of the individual. Photos taken and owned by another party,... View More

2 Answers | Asked in Copyright and Intellectual Property for Illinois on
Q: If you run a copyrighted image through an AI upscaler, Does the AI rendered image fall under copyright?

If you were to take an image of a piece of art that has been copyrighted, run it through an AI Up-scaling program (which redraws the image at higher resolution using all the original colors, lines, shapes, proportions, etc... with some minuscule imperfections), would the new AI image fall under... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Sep 21, 2023

It is the position of the US Copyright Office, affirmed by federal courts, that copyright can protect only material that is the product of human creativity. If the derivative work is created solely by AI processing without human intervention, then it does not enjoy the benefits of copyright... View More

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2 Answers | Asked in Copyright and Intellectual Property for Illinois on
Q: If you run a copyrighted image through an AI upscaler, Does the AI rendered image fall under copyright?

If you were to take an image of a piece of art that has been copyrighted, run it through an AI Up-scaling program (which redraws the image at higher resolution using all the original colors, lines, shapes, proportions, etc... with some minuscule imperfections), would the new AI image fall under... View More

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answered on Sep 21, 2023

The copyright status of an image created by an AI upscaler would depend on whether the new image contains sufficient originality to qualify for copyright protection. If the AI process merely involves technical improvements, such as resolution enhancement without introducing substantial original... View More

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2 Answers | Asked in Copyright and Intellectual Property for Illinois on
Q: how do i properly copyright characters i created for my comic book to avoid other claiming they invented them first ect
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answered on Sep 15, 2023

To protect your comic book characters, remember that copyright automatically safeguards them as soon as they're created and fixed in a tangible form. Consider registering your work with the U.S. Copyright Office for added protection. Keep thorough records of your character creation process,... View More

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2 Answers | Asked in Copyright and Intellectual Property for Illinois on
Q: how do i properly copyright characters i created for my comic book to avoid other claiming they invented them first ect
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answered on Sep 21, 2023

To properly protect characters you've created for your comic book, you should consider copyrighting the entire comic book as a literary work, which will include the characters. Copyright automatically applies when you create the work, but you can enhance your protection by registering the... View More

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2 Answers | Asked in Copyright, Intellectual Property and Trademark for Illinois on
Q: Is it legal to write a novel about a man that gets sucked into a real video game? Can I name the game in the book?

Can I use characters or the lore in the game to help tell my story?

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Aug 22, 2023

Use of the game's name is permitted as "nominative fair use" when referring to it, and it is also fair use of the game's characters and story line as commentary or parody. The essential point is that you are not creating another game to compete with it.

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2 Answers | Asked in Copyright, Intellectual Property and Trademark for Illinois on
Q: Is it legal to write a novel about a man that gets sucked into a real video game? Can I name the game in the book?

Can I use characters or the lore in the game to help tell my story?

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answered on Aug 29, 2023

Using the name, characters, or lore of a real video game in your novel would likely constitute copyright and possibly trademark infringement under California and federal law, unless you obtain permission from the rights holder. The game's elements are protected intellectual property, and using... View More

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1 Answer | Asked in Copyright and Intellectual Property for Illinois on
Q: can I make designs and put them on merchandise based on the characteristics of a character in a book?

examples:

A character is described as having large bat-like wings. the product would have a photo of a bat wing with words referencing wing size

a character is described as being a gossip "spilling the tea". The product would say "better tea than [insert characters name]"

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answered on Apr 2, 2023

It is important to consider intellectual property laws when creating merchandise based on a character from a book. If the book is still under copyright protection, the author or publisher may hold the exclusive right to use the character's likeness and characteristics for commercial purposes.... View More

1 Answer | Asked in Copyright and Intellectual Property for Illinois on
Q: What happens if I got a copyright claim email from my ISP about downloading a torrent file?
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answered on Mar 29, 2023

Receiving a copyright claim email from your Internet Service Provider (ISP) means that someone has accused you of downloading copyrighted content illegally using a BitTorrent client. ISPs are required by law to forward such notices to their customers, informing them of the alleged infringement and... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Illinois on
Q: Can I sell my own 3d model of Lego flowers? I was selling then with the name Lego in the title until Lego took it down.

I created my own scaled up version of the Lego flower in a 3d modeling software. So the model is mine and I was wondering if I could continue to sell them without including the Lego name in the title.

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answered on Mar 29, 2023

While you created your own scaled-up version of the Lego flower in a 3D modeling software, it is important to note that Lego has trademark and copyright protection over their products. Therefore, using the name "Lego" in the title or description of your 3D model product could be... View More

1 Answer | Asked in Copyright, Entertainment / Sports, Intellectual Property and International Law for Illinois on
Q: How do you resolve a wrongful copyright claim for a cover song when you obtained a license properly?

I have obtained a legal mechanical license for each cover song in my album. However, my album was taken down for copyright infringement on ONE song. I tried contacting the company via their website but the contact form doesn't work and shows an error. I found their email and have sent them 5... View More

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answered on Feb 25, 2023

If you have obtained a legal mechanical license for the cover song in question, you have a valid defense against any copyright infringement claim related to that song. You can try contacting the company or person who made the claim and provide them with a copy of the mechanical license. If you have... View More

1 Answer | Asked in Copyright, Business Law, Trademark and Intellectual Property for Illinois on
Q: I want to own a fashion online brand. Is there any Iegal requirements I need to take ?

A reputable online fashion brand

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answered on Feb 25, 2023

Yes, there are legal requirements that you need to consider when starting an online fashion brand. Here are a few important steps to take:

Choose a business structure: You will need to decide on a legal business structure for your brand, such as a sole proprietorship, LLC, or corporation....
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1 Answer | Asked in Civil Litigation, Copyright and Education Law for Illinois on
Q: My University is accusing me of plagiarism, but it was public domain and my version of it, am I innocent?

I am a costume designer for our musical, Tintypes. This show features Anna Held as a character, so I found a public domain picture of her in a dress I wanted for the show, and traced it to draw out a rendering. The school is saying it is plagiarized because I traced a picture I didn't take.... View More

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answered on Feb 25, 2023

The issue of plagiarism can be complex and depends on the specific circumstances of the case. Tracing a public domain image is not necessarily considered plagiarism, but it may still be considered a violation of copyright law if the traced image is substantially similar to the original work.... View More

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Illinois on
Q: Is the name Warhorse copyrighted patented or protected from me using it for my new company or Warhorse production
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answered on Jul 18, 2024

The name "Warhorse" could be protected under trademark law if it is already in use by another company or individual in a related industry. To determine if it's available for your new company or Warhorse production, you should conduct a thorough trademark search. This can be done... View More

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