I would give the creator credit, and summarize their stories. Is social media considered public domain? Or would I have to get the creators permission before telling and discussing their stories on a podcast?
answered on Apr 2, 2023
Social media is not considered public domain. Social media platforms are just a public forums where people post their content. However, the people posting aren't necessarily relinquishing their rights by posting there. Also, giving credit doesn't really help if what you're doing... Read more »
I would give the creator credit, and summarize their stories. Is social media considered public domain? Or would I have to get the creators permission before telling and discussing their stories on a podcast?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 2, 2023
Sharing stories from social media on a podcast could potentially raise legal issues related to copyright infringement and privacy violations. Although social media platforms are considered public domain, the stories posted on them are still protected under copyright law. Therefore, you would need... Read more »
For example: A private facebook group named Sandestin Book Direct with Owner
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 25, 2023
It's not recommended to use the name of a resort or company in the name of your private Facebook group or ads without their permission as it could potentially infringe on their trademark. It's best to check with the resort or company to see if they allow the use of their name in such a... Read more »
As a photographer can I, for example, sell my photograph of a Ford Mustang, and describe it in my listing as a "photograph of a Ford Mustang", without Ford’s written permission?
answered on Jan 30, 2023
Yes, of course you can. Using a trademark in the description of the photograph is "nominative fair use" of the mark, and not an infringement.
Some people I know are selling shirts with known designs (such as Louis Vuitton) on them. They have used a variety of designs from multiple internet sources (such as Etsy, Instagram, Pintrest, etc.). They claim to have dealt with the copyright issues, and bought the necessary rights to use these... Read more »
answered on Jan 28, 2022
Even if the copyrights have been licensed, which we agree is a doubtful claim, use of the famous apparel brands on fake goods is trademark infringement.
An informative article on apparel trademark law is here:
https://www.thefashionlaw.com/resource-center/trademark-law/
Basically something i've been wanting to do is get back into reading since it's not something that really happens a lot anymore in the common world. I would also like to share what I am reading with others so that they to might find enjoyment in it, I would not be showing the pages/screen... Read more »
answered on May 21, 2021
In general probably not.
You would be infringing several property rights.
Consult with an attorney.
Can I say Mary Poppings. Where everything is supercalifragilisticexpialidocious.
answered on Jan 28, 2021
You can probably say supercalifragilisticexpialidocious - it does not appear to be registered to anyone. You probably could even register it.
"Mary Poppings" is more problematic - Disney has the "Mary Poppins" mark registered for some goods and services, and they... Read more »
The names are the same there our no pictures of the charcters them self can i write the book under section 107 of the fair use act
answered on Jan 22, 2021
Works of parody are generally acceptable forms of "fair use" protected from what would otherwise would amount to copyright infringement. As you've alluded, Section 107 does provide several examples of fair use, including uses of copyrighted works “for purposes such as criticism... Read more »
The website I would be buying is the same words just moved around. And the merchandise would potentially be clothing designed to look similar to the original brand’s clothing but not the same. Or would it be legal to offer this new and similar domain to the owner of the original for a price?
answered on Jan 8, 2021
don't do it
too close for comfort
you can be sued
consult with an attorney
I just created a graph this afternoon around 1:00pm with my name and date in the bottom corner that really impressed my professor who is a doctor in medicine. After getting off the phone with my father, he suggested I reach out and see if this is something that I could patent. Is there any way... Read more »
answered on Dec 4, 2020
A spreadsheet graph is not generally the kind of thing that can be patented. If you think it is truly new and innovative, I encourage you to consult privately with a patent attorney. Be prepared to explain it thoroughly, and keep in mind that your 1-year time limit for patenting already started... Read more »
In 2010 I coined the name ColdArted (Cold-Arted Creations, ColdArted.webs.com). I started signing my artwork in 2010 with that name. In 2011 I established a Google account with the same name. In 2014 cold-arted creations became a limited liability corporation. That was in the state of Indiana.... Read more »
answered on Jul 23, 2020
There is potentially something you can do. First of all, are you sure that the company you found on google has officially received trademark registration? If not, it would be worth having an attorney conduct a thorough USPTO trademark search for you to see if they have or if they have applied to do... Read more »
I've created a new footwear product and brand and would like to launch a brand awareness video with completely rewritten and new, non similar lyrics to a copyrighted song; However, my lyrics are to the beat of the original song. Will I be infringing by using the beat?
answered on Jun 24, 2020
Unless the beat is in the public domain, musical beats are also protected by copyright. Using a musical beat without permission/license(s) could result in a claim of copyright infringement.
I want to create a record company and I want the name to be Blue Solo Records. I'm not sure if the word solo is trademarked so am able to use the name and make t-shirts with the name.
answered on Jun 13, 2020
Trademark rights are obtained by using the mark to identify the source of goods or services. Federal registration does not make a particular word, phrase, or symbol a trademark. The use of the trademark makes the particular word, phrase, or symbol a trademark. One can commit trademark... Read more »
I was informed that Indiana criminalizes parties who sell knockoff clothing where the knockoff item duplicates the exact sewing pattern of another brand's clothing. There is no intellectual property infringement in the act of selling knockoffs, as long as the knockoff is not using a... Read more »
answered on Apr 9, 2020
If it is a knock off it is implied it is violating some intellectual property.
IF it is not violating a copyright, trademark, patent, personal image, etc. then there is no violation and it is not a knock off.
IF IT feels wrong, don't do it.
What I want to know is if they can sue me just for briefly mentioning in the book that the park has been destroyed.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 10, 2020
It wouldn't technically be copyright infringement, but please be advised that Disney is VERY litigious and aggressively protects all their intellectual property including their name.
Hello I have gotten into 3d printing/modeling and was wondering if whether what I am potentially doing is copyright violation or not. So I was 3d modeling items from my favorite nintendo games then I was going to 3d print them. So I know that if I sell the crown online that is stealing intellectual... Read more »
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 27, 2020
If you’re reproducing someone’s protected work it’s infringement. There may be a fair use defense (check out the Andy Warhol cases) but it’s a defense meaning it is raised if you are sued for that nfringement.
I am asking as I am out travelling outside USA for 3 weeks, to get my Visa stamped on my passport, I would need a lawyer to represent me with the Car sale, if I am unable to return to the USA for some reason
answered on Dec 3, 2019
In general yes. it will always depend on the attorney.
Many attorneys do not want to get directly involved in transactions of this nature as many things could go wrong.
All you are doing is giving a power of attorney to somebody.
can be a lawyer or anybody else.
It is an original photo that I took to use as a header on our church website and the name, "Sony" is in view on the side of the camera
answered on Aug 20, 2019
You don't need permission to use your own photo. However, depending on what your website is about, it would be best to avoid displaying someone else's trademark.
Ive been contacted my a third party image rights company on behalf of a photographer for copyright infringement for a couple images used on a clients website. However, there was no indication these images were copyrighted. Is it legal to charge someone a fine without warning, If there was no... Read more »
answered on Jun 6, 2019
A copyright is established the moment the content is created. In order to use someone else's photograph, you must obtain consent (i.e. a license) to do so. A copyrighted image (or any other copyrighted material) does not have to have any sort of markings or other indication of copyright;... Read more »
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.
