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Kentucky Intellectual Property Questions & Answers
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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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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1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Kentucky on
Q: Can I patent a specific type of credit card?
Peter D. Mlynek
Peter D. Mlynek
answered on Nov 23, 2020

Yes, you should be able to do that.

The technology with credit cards has evolved by using raised numbers, then magnetic strips, then chips, so if you come up with yet another advance in technology, you should be able to get a patent on that.

Or if you make a credit card that is...
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1 Answer | Asked in Copyright and Intellectual Property for Kentucky on
Q: Can I use footage of the Breeders' Cup (broadcasted by NBC Sports) in a YouTube video of my own?

I intend on editing (adding text and additional imagery) the original footage as well. I have seen other YouTube channels get away with using NBC Sports' footage by simply giving them credit.

John B. Hudak
John B. Hudak
answered on Jun 24, 2020

Copyright generally gives of the owner of the work the exclusive right to copy and display the work. This means the owner is the only one allowed to copy or display … plus other rights. There are exceptions – one being fair use. Review the fair use factors on the copyright.gov website at:... View More

1 Answer | Asked in Intellectual Property, Libel & Slander, Federal Crimes and Small Claims for Kentucky on
Q: Is it legal for a deputy to take my license out of my car if my car was parked on someone else’s property?

My husband was given permission to cut wood for a lady on her property she owned. He even took her firewood. The truck would not start one evening before leaving and he had to leave it parked til morning to come fix it. The next morning the truck was gone. Before I called to report it stolen, I... View More

Timothy Denison
Timothy Denison
answered on Feb 27, 2020

Go apply for a new license. The deputy taking the license is not actionable.

1 Answer | Asked in Intellectual Property and Juvenile Law for Kentucky on
Q: My mom kicked me out so I am a 17-year-old living with my friend and she keep saying she’s gonna send me to juvie.

I have told the police she abuses me. I was told that “I am a teenager and it’s normal”. She told me to leave, so I did. She has my phone, but I have my car. The thing is, the car is in her name but I pay for it. However, the police here with similar situations say if you let someone here... View More

Timothy Denison
Timothy Denison
answered on Nov 19, 2018

You are under her rules and care unless or until you turn 18 or are emancipate, whichever occurs first. The car belongs to her legally although you may have some equitable claim to it.

1 Answer | Asked in Copyright and Intellectual Property for Kentucky on
Q: If I pay someone for art of my already copyrighted character, is it copyrighted to me or both of us?

So I have a question regarding copyrighting a work of art of a copyrighted character I own/created. If I created a character that I already got copyrighted by the US copyright office, and paid someone for art of that character and want to include it on my already existing copyright of that... View More

Glenn B. Manishin
Glenn B. Manishin
answered on Mar 10, 2017

It would be preferable to have a formal "work for hire" contract with the artist, but since you purchased the work the presumption is that it conveyed with all property rights, especially as it is of your character.

1 Answer | Asked in Copyright and Intellectual Property for Kentucky on
Q: Question on character / species design copyright

We asked an artist who was a friend to help w/ art for a char of a fake species we're designing. My bestie offered to do an art trade for the art. Since the artist was a friend of ours she offered to just do the art for free instead. Her, my BF and bestie all collab'd on the art. He had a... View More

Will Blackton
Will Blackton
answered on Feb 9, 2017

You haven't asked a question, but I assume you'd like to know whether your friend can post this work online and would like to know who owns the work.

17 USC 101 defines a "joint work" as a "work prepared by two or more authors with the intention that their...
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