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Nebraska Intellectual Property Questions & Answers
1 Answer | Asked in Copyright and Intellectual Property for Nebraska on
Q: If I make a podcast where I review books and highlight their essential details, am I committing infringement?

I plan to give credit to the author and don’t plan on quoting the book directly. I’m just wondering if I’m crossing a line between doing a “book review” and committing infringement

Bernard Samuel Klosowski
Bernard Samuel Klosowski answered on Oct 13, 2020

What's described sounds like "Fair Use" under Section 107 of the Copyright Act; e.g., criticism, comment, news reporting, teaching, scholarship, and research are forms of freedom of expression and are likely fair use.

Of course, "fair use" is simply a defense to a...
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1 Answer | Asked in Consumer Law, Copyright, Intellectual Property and Trademark for Nebraska on
Q: How do I get a literary work copywrite protected independent of an attorney in the state of Nebraska?
Charles Edwin Runyan
Charles Edwin Runyan answered on Aug 20, 2020

If you are the author of a literary work, the moment the work is finished copyright protection springs into being without any effort on your part. (other than finishing it). You can immediately mark it with the "C" in a circle.

If you go to the copyright office's website,...
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1 Answer | Asked in Intellectual Property and Landlord - Tenant for Nebraska on
Q: Can a house owner throw away and old car that was left on property by not recent tenant but the one before the recent?

We have proof that we messaged him various times telling him to take the car and someone new moved in and still nothing now the recent tenant has moved out and again we are renting it out and the car was still here so we threw it away and someone called us saying they want their car. We were in the... Read more »

Julie Fowler
Julie Fowler answered on Apr 11, 2020

A good place to start for general info on what a landlord needs to do with abandoned property is the Nebraska Legal Aid Handbook. https://www.legalaidofnebraska.org/wp-content/uploads/2019/05/Landlord-and-Tenant-handbook-2017.pdf

2 Answers | Asked in Copyright and Intellectual Property for Nebraska on
Q: I wrote a story and a radio station wants to play it on the radio. Should I sign the release form giving them copyright?

My children's story was performed for the public by a director friend and a radio station recorded it for us. They now want to play it on the radio and need me to sign a release form giving them copyright over the broadcast recording. I am still trying to get my story published in book form... Read more »

Andrew Zulieve Esq
Andrew Zulieve Esq answered on Nov 2, 2018

I would have the release carefully reviewed by a copyright attorney. Depending on the language in the release, it is possible that you are assigning (giving up for all time) at least one and maybe all of your bundle of exclusive copyright interests. Since it appears that you do not want to do... Read more »

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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Nebraska on
Q: If a magic trick is being sold by someone else, can I make that same gimmick and sell it as my own?

If someone is already selling the gimmick needed for a magic trick along with instructions on how to do the trick am I able to make the gimmick and instructions myself and sell it as my own? Basically I would be rebranding an already existing magic trick product. I've heard that magic tricks... Read more »

Brandon Baum
Brandon Baum answered on Jul 20, 2016

While I don't know the specific gimmick, the general rule in the U.S. is "yes." Unless it is patented (very unlikely for a magic trick) or copyrighted (available only for the "patter" or pantomime surrounding the trick), then it is free to copy for anyone who knows the... Read more »

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