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Kentucky Intellectual Property Questions & Answers
1 Answer | Asked in Copyright and Intellectual Property for Kentucky on
Q: Can I reference/quote to books in the public domain freely?

Books like the great Gatsby and pride and prejudice.

James L. Arrasmith
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answered on Apr 3, 2024

Yes, you can freely reference and quote from books that are in the public domain, like The Great Gatsby by F. Scott Fitzgerald and Pride and Prejudice by Jane Austen. Works enter the public domain a certain number of years after the author's death (the exact duration varies by country).... View More

1 Answer | Asked in Copyright and Intellectual Property for Kentucky on
Q: Can you mention movies names in a book?How about characters?

These are some Examples

A couple of people are kidnapped and they are told that they will have to either survive 10 days or kill each other till 3 are left.

Their dialog is where I am in doubt

"So we are in some mess up real life hunger games, huh?."... View More

James L. Arrasmith
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answered on Mar 27, 2024

Mentioning movie names and characters in a book can often fall under what's considered "fair use," especially if they are used in a casual, non-commercial context like in dialogue or as part of a cultural reference. However, the way these references are used is crucial. It's... View More

1 Answer | Asked in Copyright and Intellectual Property for Kentucky on
Q: Are characters "names" under copyright?

There's a character with the name Olivia Valedstorm. Would using just her last name for a talking sword character or a dragon be grounds for suing?

James L. Arrasmith
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answered on Mar 26, 2024

Character names can indeed be protected under copyright law if they are distinctive and well-known enough to be associated exclusively with the original work. However, copyright does not protect names, titles, short phrases, or expressions by themselves. It depends on the context and how unique and... View More

2 Answers | Asked in Copyright, Criminal Law and Intellectual Property for Kentucky on
Q: CAN I SELL TRUMP'S PRODUCT WITH HIS PICTURE I DOWNLOADED FROM GOOGLE? IT IS A MUG WITH HIS PICTURE ON IT

THIS IS NOT THE FAMOUS MUGSHOT BUT A DIFFERENT PICTURE I GOT FROM A CNN PAGE

James L. Arrasmith
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answered on Jan 19, 2024

No, you generally cannot sell a product with Donald Trump's picture on it without permission, even if you downloaded the photo from Google or another news site. Here's why:

- Donald Trump's likeness and image are protected under personality rights and copyright laws. This...
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2 Answers | Asked in Copyright, Criminal Law and Intellectual Property for Kentucky on
Q: CAN I SELL TRUMP'S PRODUCT WITH HIS PICTURE I DOWNLOADED FROM GOOGLE? IT IS A MUG WITH HIS PICTURE ON IT

THIS IS NOT THE FAMOUS MUGSHOT BUT A DIFFERENT PICTURE I GOT FROM A CNN PAGE

Simone Nisbett
Simone Nisbett
answered on Jan 16, 2024

Your reproduction and distribution of this photograph may infringe upon the photographer's intellectual property rights (copyright). It is always best to identify the owner of a photograph or other artistic work and obtain rights clearance or a license (typically granted through contract with... View More

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2 Answers | Asked in Copyright, Intellectual Property and Trademark for Kentucky on
Q: Can titles be both copyright and trademark?

Haley album titled called "if I can't have love, I want power " would this title be ok to mention as just words and not at all the songs in a published story or is it to unique and falls under copyright?

Also why are titles typically not copyrighted?

James L. Arrasmith
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answered on Jan 15, 2024

Good morning,

Yes, titles can potentially be protected by both copyright and trademark law, though the specifics matter in determining the scope of protection. Here are a few key points:

- Copyright - Titles themselves are generally not copyrightable, because short phrases and names...
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1 Answer | Asked in Intellectual Property for Kentucky on
Q: If the us declare the Théâtre D’opéra Spatial. Non-eligible for copyright protection. Can his submitter sue me?

If I use Théâtre D’opéra Spatial as a cover for a book or music album, would he have a case?

James L. Arrasmith
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answered on Jan 13, 2024

If the United States declares "Théâtre D’opéra Spatial" as non-eligible for copyright protection, the implications for its use in your book or music album cover depend on the specific reasons for this declaration. Copyright laws are complex, and such a decision would typically be... View More

2 Answers | Asked in Business Law, Copyright, Intellectual Property and Trademark for Kentucky on
Q: Can I put game logos, images, and/or names on my business sign to indicate that those games are available?

Can they be a part of my own business logo?

James L. Arrasmith
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answered on Jan 5, 2024

Using game logos, images, or names of other companies or products on your business sign or as part of your business logo can be problematic from a legal standpoint. These elements are typically protected by copyright and trademark laws, and using them without permission could constitute... View More

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2 Answers | Asked in Business Law, Copyright, Intellectual Property and Trademark for Kentucky on
Q: Can I put game logos, images, and/or names on my business sign to indicate that those games are available?

Can they be a part of my own business logo?

T. Augustus Claus
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answered on Jan 2, 2024

Using game logos, images, and names on your business sign or as part of your business logo may raise intellectual property and trademark issues. The logos, images, and names associated with games are often protected by intellectual property laws, and using them without permission from the... View More

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1 Answer | Asked in Copyright and Intellectual Property for Kentucky on
Q: What's the difference between Australian and United States copyright law?

Is it only stricter fair use?

James L. Arrasmith
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answered on Dec 24, 2023

The key differences between Australian and United States copyright law are primarily found in the scope and interpretation of fair use, as well as the duration of copyright protection.

In the United States, copyright law provides a broad "fair use" doctrine, which allows for the...
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1 Answer | Asked in Copyright and Intellectual Property for Kentucky on
Q: Pretty sure someone asks this before me. But I will ask. Are proverbs copyright?
James L. Arrasmith
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answered on Dec 19, 2023

Proverbs, being part of the public domain, are generally not subject to copyright. They are considered age-old sayings that have been passed down through generations and are not attributed to a specific author.

Since proverbs are widely recognized as common cultural expressions, you can use...
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1 Answer | Asked in Copyright and Intellectual Property for Kentucky on
Q: Do copyright protects every single lyrics of a song?

I am writing a short story

I would like one of my lines to be

"Tell that you love me even if it’s a lie"

But blackbear IDCF song. Has a similar line in his song.

Is this considered a original?

James L. Arrasmith
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answered on Dec 12, 2023

Copyright law does protect the lyrics of a song, but it's important to understand the nuances. The protection generally covers the unique expression of ideas in the lyrics, not necessarily short phrases or common expressions. In your case, the line "Tell that you love me even if it’s a... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Kentucky on
Q: Can I use trademarks names from superheroes in my story? Are some trending phrases/saying under copyright?

I saw games and Mangas use the code name "Red hood" and device a totally different character from DC red hood. Could I do the same if I want to use "just" the names of character like Doomsday, Nighthawk,Hawkeye, or winter soldier. And not their features and characteristics.... View More

James L. Arrasmith
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answered on Dec 11, 2023

Using trademarked superhero names in your own story can be legally risky, especially if those names are well-known and closely associated with specific characters from major comic book publishers like DC or Marvel. Trademarks are designed to protect brand identity and prevent consumer confusion. If... View More

1 Answer | Asked in Native American Law, Copyright and Intellectual Property for Kentucky on
Q: Can websites owners came after me for using the quotes on their sites by famous people?

I would like to use this quote in my book

Some are born great, some achieve greatness, and some have greatness thrust upon them.

William Shakespeare

But I got it/saw it on wedsites like goodsread, A-Z, and more. Can they legally come after me if I use such quotes from... View More

James L. Arrasmith
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answered on Dec 10, 2023

Using a quote from a figure like William Shakespeare in your book is generally not a legal issue, especially considering Shakespeare's works are in the public domain. His works were published over 400 years ago, and any original copyright has long since expired.

However, when sourcing...
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1 Answer | Asked in Copyright, Intellectual Property and Native American Law for Kentucky on
Q: I want to ask for clarification on how copyright works. Are quotes from people before 1923 also copyright free?

Quotes by genghis khan and Jane Austen to be specific. And does just changing the grammar of works in public domain, enough of change to grant copyright protection?

James L. Arrasmith
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answered on Dec 8, 2023

In general, works published before 1923 are in the public domain in the United States, which includes quotes from individuals such as Genghis Khan and Jane Austen. This means these quotes are not protected by copyright and can be used freely.

However, the situation regarding altering works...
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1 Answer | Asked in Copyright and Intellectual Property for Kentucky on
Q: Can I summarize news articles in completely my own words, including unique titles, and publish w/o attributing sources?

It's a substack I want to start where I summarize news from all over the internet, in a very succint way, and in totally my own words (no quotes from sources)

James L. Arrasmith
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answered on Mar 29, 2023

It is generally not advisable to publish a summary of news articles without attributing sources. While you may use your own words to summarize the content, it is still important to acknowledge the original sources to avoid any potential issues with plagiarism or copyright infringement.

It...
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1 Answer | Asked in Copyright and Intellectual Property for Kentucky on
Q: What kind of open-source license is necessary for software?

I have created a Google and Excel based, online tool, to create digital dashboard based on FEMA emergency management principles. I want to ensure I retain ownership of this tool, allow it to remain openly accessible, and restrict anyone else from trying to privatize or monetize my tool. How can I... View More

James L. Arrasmith
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answered on Apr 13, 2024

To achieve your goals of retaining ownership, keeping the tool openly accessible, and preventing others from privatizing or monetizing your work, you should consider using a copyleft open-source license. Copyleft licenses allow others to use, modify, and distribute the software, but they must... View More

2 Answers | Asked in Energy, Oil and Gas, Business Law and Intellectual Property for Kentucky on
Q: I paid engineers 450k to build a utility water meter. It doesn't work as described. We need ownership of the firmware

The meter is built on LoraWan - long range wireless. We contacted Semtech who build LoraWan engineers and they siad the firmware is blatantly faulty. We don't have a contract of ownership of the work product. The meter has my company name, all parts, pieces and inventory I paid for. I also... View More

Andre Fereole Regard
Andre Fereole Regard
answered on Feb 25, 2023

Do you have a written contract that can be reviewed? If so, please send to aregard@regardlaw.com/

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1 Answer | Asked in Copyright and Intellectual Property for Kentucky on
Q: I'm wanting to publish a book of emails publication statements from the attorney general's media team. Can I do this?

I'm on the email list of a state attorney general and after his term(s), I want to put a book together consisting of email blasts sent from the AG's office. Can I do this since they might be considered public domain? I do admire the AG and would be putting out positive content, shall I... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on May 25, 2021

Maybe. Consult with an attorney.

You are correct that the information is in essence public domain, but there may be some quirks to pay attention to

2 Answers | Asked in Copyright and Intellectual Property for Kentucky on
Q: Is it legal to use pictures found online for private use?

My family and I play dnd as a small group. Is it legal for us to use images from google as tokens for our characters?

The tokens do not get distributed and the images are only seen by us.

Would this qualify as fair use or would we need to seek permission to use the pictures.

Steve Charles Vondran
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answered on Jan 8, 2021

This is a very important question. Before you invest in creating products or services using images found online, it is important to know who the "rights holder" is (the person who owns the legal rights to the photograph).

In some cases, a photo may be in the public domain, but...
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