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Indiana Copyright Questions & Answers
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
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
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...
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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
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
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
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
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...
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2 Answers | Asked in Copyright for Indiana on
Q: What is a copyright?
Paul Overhauser
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
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
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... 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
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
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... 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
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
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
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... Read more »

1 Answer | Asked in Copyright for Indiana on
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?

Can I do this, I just want to have a bound copy for my own use, is it copyright infringement if I wrote it, and I'm buying it for my own use?

Paul Overhauser
Paul Overhauser answered on Mar 15, 2011

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... Read more »

2 Answers | Asked in Copyright for Indiana on
Q: I want to use pictures on my website, but don't want to pay for them. The bloggers don't seem to pay - why should I?
Paul Overhauser
Paul Overhauser answered on Mar 15, 2011

The safest answer is that if you pay the copyright holder, you will have a license and will not be subject to being sued by the copyright owner. The bloggers could be at risk of being sued. However, there is a a great deal of public domain material on the internet that you can use free of charge.... Read more »

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1 Answer | Asked in Copyright for Indiana on
Q: I sent in a copyright application on which I had to state the year I was born. Can I delete that from the public record
Paul Overhauser
Paul Overhauser answered on Jan 21, 2011

No. When you register a claim to copyright in a work with the Copyright Office, you create a public record of your claim to copyright. This record cannot be removed from the public record once it has been entered. All information you provide on your copyright registration will be available to the... Read more »

1 Answer | Asked in Copyright for Indiana on
Q: I lost my copyright registration certificate for software I registered years ago. How do find my information?
Paul Overhauser
Paul Overhauser answered on Jan 21, 2011

The Copyright office maintain an web-searchable database of copyright registrations, which you can access here: http://www.copyright.gov/records/

Paul Overhauser

317 891-1500

www.overhauser.com

1 Answer | Asked in Copyright for Indiana on
Q: What is a copyright?
Paul Overhauser
Paul Overhauser answered on Jan 16, 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

317 891-1500

www.overhauser.com

1 Answer | 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
Paul Overhauser answered on Dec 29, 2010

Why 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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