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Indiana Copyright Questions & Answers

1 Answer | Asked in Copyright and Intellectual Property for Indiana on

Q: Can I be fined for using unmarked copyrighted images on a website I designed?

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 »

Jason Brooks 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; rather,... Read more »

1 Answer | Asked in Copyright, Gaming, Intellectual Property and Internet Law for Indiana on

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

I am a representative for a gaming company's game. I have legal permission to use their IP and game contents and materials for my own use. However, many other entities have created illegal content using the company's IP and game materials without legal permission to gain their own profit. Not only... Read more »

Griffin Klema answered on Jan 24, 2019

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... Read more »

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Indiana on

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

Griffin Klema answered on Jan 16, 2019

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... Read more »

1 Answer | Asked in Copyright and Intellectual Property for Indiana on

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

I don't guess there is anyway around it. But there is a company with a name and I would love to keep working on my start up and use their name. Mine will be bottled teas they sell lose leaf in a store. I know I can register the name with it being in a different state. So I could do okay small scale... Read more »

Benton R Patterson III answered on Nov 15, 2017

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... Read more »

1 Answer | Asked in Copyright for Indiana on

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

The drawings are posted publicly online, and on flash forums for people to use. Example: images from pinterest, instagram, google..

Barbara Berschler answered on Sep 3, 2017

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... Read more »

1 Answer | Asked in Copyright and Intellectual Property for Indiana on

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

I'm writing an exercise book and want to make sure it's legal to use specific exercises that have been used in other programs. I am not copying a program but just using the exercises.

Benton R Patterson III answered on Aug 4, 2017

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.

1 Answer | Asked in Copyright and Trademark for Indiana on

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

Will Blackton answered on Jun 23, 2017

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.

1 Answer | Asked in Copyright and Trademark for Indiana on

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

Photo, quote, trees

Will Blackton answered on Jun 23, 2017

**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...
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1 Answer | Asked in Copyright and Entertainment / Sports for Indiana on

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?

Like say I get the copyright while I'm a minor. Someone else tries to claim the song as their own. Will I be able to take that to court and show that it's copyright by me? Even if I am a minor? In the State of Indiana.

Will Blackton answered on Apr 14, 2017

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...
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1 Answer | Asked in Copyright and Trademark for Indiana on

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?

Wondering if I can use the logo or image from a business that has been defunct for a long time on t-shirts that I'm selling online.

Glenn B. Manishin answered on Feb 28, 2017

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.

1 Answer | Asked in Copyright for Indiana on

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

He has no copy right on them and is trying to make us pay even though he sent them to us on text message and he said nothing about us paying for them and is suing her for not paying them and I have the message that he sent to us which he did for free.

Will Blackton answered on Feb 8, 2017

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.

1 Answer | Asked in Copyright for Indiana on

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

How can I use the song legally?

Will Blackton answered on Feb 2, 2017

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...
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2 Answers | Asked in Copyright for Indiana on

Q: What is a copyright?

Paul Overhauser answered on Mar 23, 2011

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

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2 Answers | Asked in Copyright for Indiana on

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

Paul Overhauser answered on Mar 17, 2011

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... Read more »

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2 Answers | Asked in Copyright for Indiana on

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

Paul Overhauser answered on Mar 17, 2011

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... Read more »

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1 Answer | Asked in Copyright for Indiana on

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

Do I need a lawyer? I didn't do it.

Paul Overhauser answered on Mar 16, 2011

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... Read more »

1 Answer | Asked in Copyright for Indiana on

Q: How do i copyright my music?

Paul Overhauser answered on Mar 16, 2011

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.,... Read more »

2 Answers | Asked in Copyright for Indiana on

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

Paul Overhauser answered on Mar 16, 2011

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... Read more »

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1 Answer | Asked in Copyright for Indiana on

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

I thought I purchased a package that was turnkey. Designer is corporation in FL. Corp is now out of business.

Paul Overhauser answered on Mar 16, 2011

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

1 Answer | Asked in Copyright for Indiana on

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

Paul Overhauser answered on Mar 16, 2011

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... Read more »

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