The photos have generally been captured from online sites such as Pinterest or general historic photo searches. Specifically I'm plucking images of people from the internet, printing them on my home computer, physically cutting them out of their original setting and collaging them into bigger art... Read more »
You are facing a tough issue. You should definitely talk to an attorney. Also check with an insurance company agent covering copyright violations. They may have some clear cut criteria you can use as a guide.
In general there are several layers of rights. Pintrest and the poster could have...Read more »
It is important to remember that the purpose of a trademark is to protect consumers' right to know what they are buying and from whom not to provide a creative ownership interest for registrants. If there is consumer confusion, the USPTO will file an Office Action in response to the application....Read more »
We would like to open a non-profit maker space to offer STEAM Camps for students in Washington, DC. We would like to sell products, derived from Robert Indiana's LOVE sculpture, made by students and members, to raise $20,000-40,000 to cover the first few months of rent.
A provisional patent application is for a utility patent but one can file a design patent application as a continuation of a utility patent application so there is some small chance that they could end up with a design patent from an initial provisional patent application.
The whole zine (magazine) is an ode to the influence and inspiration I received in my life from the album which is explained in the introduction. I've taken some of my favorite lyrics and created a series of analog collages for each lyric. I listed the credits on the end page. I have reached out to... Read more »
Copyright infringement requires that there be a substantially similar reproduction of another's original work of authorship. It is a fact-intensive inquiry and may be, but is not necessarily always, tied to the actual amount of copying from the original work of authorship. It may be a good idea...Read more »
I’m looking to create a mobile program that allows kids to create their own stories by supplying them with art assets and allowing them to write in text. If this patent is that exact thing, is there a way around creating that or am I completely blocked on making this program? When does the patent... Read more »
Thanks for caring enough about doing the right thing to ask a question. The technical term for what you are asking is called freedom to operate (FTO) or sometimes "clearance". You are asking whether there are concrete legal rights that exist that would impinge on your freedom to operate in the...Read more »
Say I had a Red Wings jersey that looked like the real jersey but was not real because of the stitching, straps, etc. But the jersey did not say Reebok or NHL anywhere on it. Would it still be illegal to sell would I be infringing on any IP?
The key question in trademark law is whether there is a likelihood that a consumer would be confused about the source of the jersey. There are a bunch of parts of a jersey that might indicate its provenance, including the design, the team name, any logos, team colors, etcetera that could all be...Read more »
I have a brochure I made in 1998 I only have the one copy that I mailed myself to protect the work. I want to update it but don't want to lose any protection I might have by opening the envelope. Is it protecting me, and thus needs to remain unopened, or is that an urban myth?
This is an urban myth. Original creative works receive copyright protection as soon as they are created in some retrievable form, that is, when they're written or printed. Mailing yourself the work does nothing to enhance that copyright protection. However, filing for statutory copyright...Read more »
I'm using many famous action movie/tv icons but with slightly or totally different names and personalities as characters in my book. The story is original, but mocking fantasy and sci-fi tropes. For example I spoof Mick "Crocodile" Dundee by making a character named Paul "Alligator" Dungee. RoboCop... Read more »
You should speak with a qualified entertainment attorney regarding all the facts of your situation. Your treatment of these fictional characters may be considered "fair use", and the subject of first Amendment expression, which includes biographical, historical, satirical, and parodic use....Read more »
A dice manufacturer has made dice for games like dungeons and dragons that are rainbow pattern. By Layering different colored resin on top of resin until the die is completed. Can this be copyrighted? They said they put in a copyright that protects this in the USA. But I can't find it.
A copyright springs into being automatically when a work is created in a tangible form, however, registering the copyright with the U.S. Copyright office gives the copyright holder more rights to pursue a remedy if the copyright is infringed by others. You may want to read the general FAQ...Read more »
My husband started a business in OR with partner, they had me work on website, logo, etc. Now. Husband has left the business after 3 months and I never got paid for my work. The redemption was signed and didn't include my fees, but I was under the impression that I would get paid. Two months... Read more »
A work can be "made for hire" under some circumstances, and in those circumstances, the person who hired the work can be the work's owner. If there was any understanding that the work (logo & site) was to be paid for in order to be used, then you can stop the person from using your work until it...Read more »
Did you register your trademark with the USPTO (http://www.uspto.gov/trademark)? Or did you register your trademark with the state? Each have their own procedures for address changes. If you have an online account with the USPTO, you can log in and update your account there, and they at times...Read more »
Only a "claimant" to a copyright can register it. You are not the "author" you so you can not claim ownership through authorship. However, assuming your grandmother is dead, and your are her sole heir, you may be the copyright owner under the laws where your grandmother died. If this is the...Read more »
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