Indiana Copyright Questions & Answers

Q: As a 3rd-party representative, do I have any legal right to enforce copyright of the company's IP which I represent?

1 Answer | Asked in Copyright, Gaming, Intellectual Property and Internet Law for Indiana on
Answered on Jan 24, 2019
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...

Q: Can I make and use a logo that is inspired by a tattoo on a character in a movie? silent from 1925, paramount pictures

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Indiana on
Answered on Jan 16, 2019
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...

Q: Anyway around a trade mark? They are out of state and in a relevant field but slightly different. Thanks for your time.

1 Answer | Asked in Copyright and Intellectual Property for Indiana on
Answered on Nov 15, 2017
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.

Q: Am I aloud to use other artists drawings as a reference for tattoos? As long as I make some changes to it?

1 Answer | Asked in Copyright for Indiana on
Answered on Sep 3, 2017
Barbara Berschler's answer
Just because you can copy a drawing and turn it into a tattoo, does not mean you "may" do so. Even if you made some changes, that would only create a derivative work based on the original logo and without the permission of the copyright owner of the drawing, you would be infringing. As for images that appear on websites like Instagram, Pinterest, etc., you should consider consulting such sites' Terms of Use to see if they have placed any restraints on those who view the images. You might...

Q: Is it possible to copyright an exercise such as a specific stretch or an activity to develop a certain muscle?

1 Answer | Asked in Copyright and Intellectual Property for Indiana on
Answered on Aug 4, 2017
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.

Q: Can I print Bob Ross with my direct to garment business? Still getting confused and nervous about copyright & Trademark

1 Answer | Asked in Copyright and Trademark for Indiana on
Answered on Jun 23, 2017
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.

Q: Can I print Bob Ross on a shirt? I have a direct to garment Printer

1 Answer | Asked in Copyright and Trademark for Indiana on
Answered on Jun 23, 2017
Will Blackton's answer
**Using Bob Ross's Paintings**

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;...

Q: I'm 17. I want to copyright one of my songs. Is it possible that I can copyright it? Am I able to use it in court too?

1 Answer | Asked in Copyright and Entertainment / Sports for Indiana on
Answered on Apr 14, 2017
Will Blackton's answer
Minors may claim copyright, and the Copyright Office issues registrations to minors, but state laws may regulate the business dealings involving copyrights owned by minors.

According to Rule 17 of the Federal Rules of Civil Procedure: The following representatives may sue or defend in federal court on behalf of a minor or an incompetent person:

(A) a general guardian;

(B) a committee;

(C) a conservator; or

(D) a like fiduciary.

This means that...

Q: Is it legal to use an image (such as a sign from a store from the 1900s) on a t-shirt that I intend to sell?

1 Answer | Asked in Copyright and Trademark for Indiana on
Answered on Feb 28, 2017
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.

Q: My girlfriends friend came to my swim meet and took picture and is trying to make us pay even tho he has no copy right

1 Answer | Asked in Copyright for Indiana on
Answered on Feb 8, 2017
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.

Q: Can a Lawyer tell me because YouTube is being suborn about this. I want to use a song and Is it legal?

1 Answer | Asked in Copyright for Indiana on
Answered on Feb 2, 2017
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.

Q: What is a copyright?

2 Answers | Asked in Copyright for Indiana on
Answered on Mar 23, 2011
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

www.iniplaw.org

www.overhauser.com

317- 891-1500

Q: I have a great plot for a James Bond novel / movie. Am I safe to write it without getting sued?

2 Answers | Asked in Copyright for Indiana on
Answered on Mar 17, 2011
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

www.iniplaw.org

www.overhauser.com

317- 891-1500

Q: Do you have to register a copyright to take advantage of copyright law?

2 Answers | Asked in Copyright for Indiana on
Answered on Mar 17, 2011
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...

Q: I am being sued by CP productions for piracy. They are represented by Steele law firm.

1 Answer | Asked in Copyright for Indiana on
Answered on Mar 16, 2011
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

www.iniplaw.org

www.overhauser.com

317- 891-1500

Q: How do i copyright my music?

1 Answer | Asked in Copyright for Indiana on
Answered on Mar 16, 2011
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

www.iniplaw.org

www.overhauser.com

317- 891-1500

Q: Can I get a star named after me and claim copyright to it?

2 Answers | Asked in Copyright for Indiana on
Answered on Mar 16, 2011
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...

Q: Am I a liable 3rd party if paid web designer use copyrighted pictures and did not tell me.

1 Answer | Asked in Copyright for Indiana on
Answered on Mar 16, 2011
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

www.iniplaw.org

www.overhauser.com

317- 891-1500

Q: How long does it take to get a copyright registration?

1 Answer | Asked in Copyright for Indiana on
Answered on Mar 16, 2011
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,...

Q: I wrote a Twilight fan fic, Can I upload it to cafe press so I can buy a hard copy of my story as a book?

1 Answer | Asked in Copyright for Indiana on
Answered on Mar 15, 2011
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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