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Illinois Copyright Questions & Answers
1 Answer | Asked in Copyright for Illinois on
Q: I sell custom apparel online. To what extent am I responsible for researching copyright infringements?

Occasionally, I have customers upload artwork that includes trademark or copyright images. I do not profit from using their images since I charge the same price for the custom apparel, regardless of what they want on it. I do not sell these in bulk or to resellers - they are usually one-offs. Am I... View More

Benton R Patterson III
Benton R Patterson III
answered on Jan 2, 2018

Yes, you could be sued for copyright infringement by creating custom apparel with content that infringes someone else's copyright or trademark. Even if you made no money, it would still be infringement. You should set up a process to ensure you do not create such products.

1 Answer | Asked in Copyright and Family Law for Illinois on
Q: So there is "grandparents rights" but not aunt rights?
James G. Ahlberg
James G. Ahlberg
answered on Dec 17, 2017

That pretty much sums it up.

1 Answer | Asked in Copyright for Illinois on
Q: I manufacture paper placemats can I use typography without a license from Font owner? I did buy the font software.

I keep reading online that you cannot copyright typography, just the font software is that correct, the font owner is telling me i have to buy a commercial license to use her fonts in my designs? Not sure if they just want me to purchase an expensive licence or what?

Thank you!

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

You may be free to use the typeface if you do not use the font software to create the typography. If you do use the font software to create the typography, then you likely will need to purchase an expanded license. Also, the terms of your current font software license may have certain contractual... View More

1 Answer | Asked in Copyright for Illinois on
Q: If I purchased music, can I sell a DVD with that music in the background?

I'm running an online business in personalized video creations (photographs with music in the background). I have an itunes library of all the music I've purchased and I'd like my customers to be able to choose from them, or pick other musical selections that I would then buy from... View More

Mark A. Baker
Mark A. Baker
answered on Aug 25, 2017

Your use of others' music as you describe would be considered copyright infringement. When you purchase and download a song from iTunes, you only have the right to personal use of the song, and not the right to "copy" of otherwise "distribute" it, which is what you're... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Illinois on
Q: I want to trademark UNLABELED FOR my clothing brand. Is it already taken ?
Griffin Klema
Griffin Klema
answered on Jun 11, 2017

You can search for federal trademarks at the USPTO via the TESS system. There are two possible registrations that may prevent you from securing a trademark: "Unlabeled Society" and "Unlabeled State of Mind." Both are registered in international class 25 (clothing). So, if you... View More

1 Answer | Asked in Consumer Law, Copyright, Criminal Law and Business Law for Illinois on
Q: Does this make asking Pokémon fan art on etsy legal? http://nintendonews.com/news/wii-u/creative-endorsement-program/
Will Blackton
Will Blackton
answered on May 1, 2017

That press announcement does not. It states that fans are allowed to upload derivative works of Nintendo's IP to the Japanese video streaming service Niconico at http://www.nicovideo.jp/ and not anywhere else, like Etsy.

1 Answer | Asked in Copyright and Intellectual Property for Illinois on
Q: Who is the primary owner of intellectual property; the person who had the idea or the person who built it?

I currently have an idea for a new app. However I currently lack the technical skill to create it, and I am considering finding outside assistance. In this case, would I be the primary owner of the enterprise or would credit go to the person who had the skill to take the idea and turn it into a... View More

Will Blackton
Will Blackton
answered on Apr 30, 2017

The contract between you and the person who creates your app, as crafted by an attorney, would define who owns the underlying intellectual property. Absent contractual agreement and any real participation on your behalf, other than supplying the idea, if you're seeking to copyright the code... View More

1 Answer | Asked in Copyright, Intellectual Property and Internet Law for Illinois on
Q: Hello! I am a freelance journalist who will be starting a regular column with an independent website.

I'd like to title my column "7upandwine" and have a correspondinge website "7upandwine.com" -- Would including "7up" in my column name and website open me up to legal response? For example does it infringe on some kind of copyright law? I'd eventually like... View More

Susan M Hankins
Susan M Hankins pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 1, 2016

Potential Trademark violation. I would expect a response. You could ask for permission and at least display their trademark with the term 7up.

1 Answer | Asked in Copyright for Illinois on
Q: Can I use two words from a song lyrics as my business name legally?
Adam Studnicki
Adam Studnicki
answered on Jul 31, 2015

Possibly. Without more information, the question is theoretical.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your...
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1 Answer | Asked in Copyright for Illinois on
Q: Can I freely use quotes from facebook, tumblr, or pintrist, in a book that Im writing?
Ray Beckerman
Ray Beckerman
answered on Sep 5, 2014

Not 'freely'. You would certainly run into some copyright questions. There might or might not be fair uses in your use of the quotes, which would be a defense to liability, but I would need to review each quote and the context and manner in which you use it.

1 Answer | Asked in Copyright for Illinois on
Q: How do i file a motion to quash?
Robert D. Kreisman
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Robert D. Kreisman
answered on Sep 20, 2013

If your question is as to improper service of summons or subpoena, a lawyer would appear on that motion to challenge the validity of the person who claims that service of summons or subpoena was done legally. The motion to quash should not waive service of process.

3 Answers | Asked in Copyright for Illinois on
Q: How do i copyright my music?
Paul Overhauser
Paul Overhauser
answered on Dec 20, 2010

I presume you mean how you register a copyright to your music. You fill out a form and file it with the Copyright Office. The form to use depends on whether your "music" comprises lyrics, a recording, or both. see www.copyright.gov for details. However, if others contributed to the... View More

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