Griffin Klema's answer Probably not, unless your license agreement expressly allows you the right to enforce, or you are the exclusive licensee. Oftentimes the intellectual property owner retains the right to enforce or license the IP to others (non-exclusive license), though sometimes there is contractual language that allows a non-exclusive licensee to take certain enforcement action or give the licensee certain benefits for the owner's lack of enforcement. For example, sometimes a license agreement may allow the...
Griffin Klema's answer Fascinating hypothetical. The answer probably depends on a few things: Was the tattoo a reproduction of another artist's creation, or based on an existing trademark? If so, have those rights now lapsed or terminated? Was the tattoo a part of the film's original creative makeup? If so, has the studio's rights in the art lapsed or become abandoned? How different is your logo from the original source tattoo?
So, if you really need to know the answer because a new business venture depends...
Benton R Patterson III's answer It is certainly possible to license the right to use another company's trademark or purchase it outright from them. Trademark transactions are fairly common. I recommend speaking with a trademark attorney on how to approach the other company and working out a licensing arrangement that works for your business.
Benton R Patterson III's answer You are probably safe to use the exercises in your book. Generally, an exercise, such as a bench press or a pull up, is not protected by copyright law. Although, keep in mind that the photographs or written descriptions of exercises in other sources likely are protected by copyright.
Will Blackton's answer Without the permission of Bob Ross's heirs or Bob Ross, Inc. (whichever is the appropriate rights holder), you will almost certainly open yourself up to legal liability if you print images of or produced by Bob Ross for resale.
Bob Ross was born in 1942 and presumably began painting some time before hosting The Joy of Painting, which first went on the air in 1983. I'll assume you're talking about using paintings created on his famous show.
If Bob Ross's work was published after January 1, 1978, it receives the following terms of protection:
Individually authored works: Life of author + 70 years;
Joint works: Life of last surviving author + 70 years;...
Glenn B. Manishin's answer It is unlikely, especially if the store is defunct, that anyone current holds a trademark to the logo or company name on the sign. You would be best advised to conduct a trademark search (federal and state) or have one done for you by the many online services offering that function.
Will Blackton's answer A photographer is automatically granted copyright protection in the images they create. You haven't posted a question here, but if you are a defendant in a lawsuit for copyright infringement, I recommend that you retain a qualified attorney whose practice focuses on copyright law.
Will Blackton's answer Your question does not contain much detail, but I assume you're asking: "How can I legally use a song in a Youtube video?"
To avoid the risk of a copyright infringement lawsuit, someone seeking to use a song they did not compose nor record in a Youtube video should seek permission from the copyright holder(s). The right to use a song can be licensed, and you should contact the musical performer's licensing agent to obtain permission to use the song.
Paul Overhauser's answer A copyright protects works of authorship, such as writings, music, and works of art that have been tangibly expressed. For more information, contact, see www.copyright.gov (U.S. Copyright Office)
Paul Overhauser's answer While you could probably write it without getting sued, if you wanted to publish, license, or sell the rights, you would need to get permission from the owner of the James Bond copyrights. At the present time, I believe MGM owns those rights. However, they are in finanical difficulty and may have to sell those rights to survive.
Paul Overhauser's answer No, you don't have to register a copyright to take advantage of copyright law. For example, you can sell or license a copyrighted work even if you have not registered. However, if you have made an investment in your work, it is a good idea to register it with the Copyright Office. If you register your work early, then if it is ever infringed, you have preserved the right to recovery attorneys fees and "statutory damages" in any future lawsuit.
Paul Overhauser's answer Yes, you need an attorney. The laws regarding piracy are very much in favor of the owner of the intellectual property rights. Moreover, in most piracy cases, if you are found liable, you can be obligated to pay the attorneys fees of the IP owner, which can easily run into tens of thousands of dollars. I say this based on my experience in defending around 300 persons accused of piracy.
Paul Overhauser's answer 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 music (e.g., fellow band members) you may need to get written assignments from them of their copyrights.
Paul Overhauser's answer No. There is a lot of misunderstanding about this. Names are not protected by copyright. Publishers of publications such as a star registry may register a claim to copyright in the text of the volume [or book] containing the names the registry has assigned to stars, and perhaps the compilation of data; but such a registration would not extend protection to any of the individual star names appearing therein. Copyright registration of such a volume of star names does not confer any official or...
Paul Overhauser's answer You could be liable, as there is no "intent" requirement to be liable for copyright infringement. However, your exposure could be reduced if you are determined to have been an "innocent infringer."
Paul Overhauser's answer A registration is effective as of the date the application is received by the Copyright Office. However, the registration certificate takes a while to receive. If you pay for "special handling," a registration usually takes about a week. If you file an application electronically, it takes about 4 months. If you file using a paper form, it takes about 22 months! (The copyright office is severely backlogged on paper applications, as of December 2010.) However, it is imporant to register early,...
Paul Overhauser's answer If your book copies copyrightable elements of the Twilight book, technically, writing your own book would probably be copyright infringement. However, as a practical matter, it is unlikely that the owner of the copyrights in the Twilight book would complain. Independent authors write proposed sequels to books / movies all the time, and try to work with the copyright owners to get them published or produced. As long as your activities are not generating profits (and it sounds like they would not...
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