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Maryland Copyright Questions & Answers
1 Answer | Asked in Copyright for Maryland on
Q: is the HOUSE OF MOHAN - Trademark Status: 710 - Cancelled - Section 8 with currently published copyright holders?
Marcos Garciaacosta
Marcos Garciaacosta answered on Aug 5, 2021

You need to contact an attorney to understand the chances you have to get that mark

2 Answers | Asked in Copyright, Business Law, Civil Rights and Intellectual Property for Maryland on
Q: Can I receive settlements from businesses?

I am a freelance model , I post most of my work on my social media accounts and run that as my business page as well . For years small brands and large cooperations use and manipulate my images into business logos , promotional marketing and evening jewelry and interior design products . Can I... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Mar 3, 2021

You need to retain local counsel to set up the right corporate entities for you, then have an intellectual property attorney set up the appropriate protections for you. THIS IS NOT LEGAL ADVICE! YOU NEED TO SPEAK TO AN ATTORNEY WHO IS LICENSED IN YOUR STATE FOR LEGAL ADVICE. This is merely... Read more »

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1 Answer | Asked in Business Formation, Business Law, Copyright and Gaming for Maryland on
Q: Can you re-sell custom painted video game controllers as a legal business?
Mark Oakley
Mark Oakley answered on Feb 17, 2021

“Under the doctrine of ‘patent exhaustion,’” United States Supreme Court Chief Justice John G. Roberts Jr., wrote in a 2017 decision, “once a patent holder sells an item, it can no longer control the item through the patent laws.... The purchaser and all subsequent owners are free to use... Read more »

1 Answer | Asked in Business Law and Copyright for Maryland on
Q: If I wanted to publish a book and sell it with pictures of memes from the internet is there a copyright issue?

If I wanted to publish a book and sell it with pictures of memes from the internet is there a copyright issue? I looked online and saw a lot of different opinions.

My first thought is always “what are the copyright implications”? These memes do not have signatures and I have no... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Oct 27, 2020

That is a very interesting question. It is very likely a minefield.

You need to consult with an attorney for guidance and strategies to mitigate (can never bring to zero) your risk.

Also consult with an insurance agency specializing in copyright coverage. They can make an assessment...
Read more »

2 Answers | Asked in Copyright, Education Law and Intellectual Property for Maryland on
Q: I have a question which involves the rights to intellectual property as teacher in a private grade school.

I was a high school teacher and created about 50 powerpoint lessons in the school's drive. The school locked me out and will not share my powerpoint lessons. I am of course very upset over this. I spent days on one powerpoint alone. The school would not suffer any harm by sharing my lessons... Read more »

Mark Oakley
Mark Oakley answered on Oct 8, 2020

You may find this article informative on the subject, although it does not address any special statutory or other law in Maryland that may vary from the basic principal that a work made in the course and within the scope of employment generally belongs to the employer:... Read more »

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1 Answer | Asked in Copyright for Maryland on
Q: If I wantes to use Salt Life for a company name using a different format and a hyphen is that copyright infringement?

Salt-Life

Evelyn Suero
Evelyn Suero answered on Sep 27, 2020

Depends on several factors. Using a trademark that is virtually identical/confusingly similar to another trademark in the same or related class/category of goods or services may be deemed trademark infringement. Adding a hyphen may not be enough to overcome the likelihood of confusion by consumers.... Read more »

2 Answers | Asked in Copyright for Maryland on
Q: I had my old employer logo printed on a mask and I gave it to an employee.

Can my old employer sue me for having his logo printed on the mask

Mark Oakley
Mark Oakley answered on Aug 4, 2020

No, unless your intent is to trick potential customers into thinking they are dealing with you old employer in order to get your old employer's potential customers.

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2 Answers | Asked in Copyright for Maryland on
Q: Can an artist rescind permission after giving it?

I'm working with a team of volunteers on an unpaid passion project. One of those volunteers did a lot of artwork for us and gave us permission to use it. Now, about 9 months later, he is telling us that he wants all his artwork taken out of the project and completely redone. This puts a... Read more »

Bill Hulsey
Bill Hulsey answered on May 20, 2020

You may have a problem. However consider the rights of co-authors as addressed here:

https://corporate.findlaw.com/intellectual-property/copyright-ownership-the-joint-authorship-doctrine.html

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2 Answers | Asked in Copyright for Maryland on
Q: A local govn't agency wants to make a karaoke video with a copyrighted song. Is a license needed? How to obtain?

The video would go on YouTube/FaceBook/Twitter and other social media sites. It is a salute to our heroes killed in the line of duty. No profits or money would be exchanged in any way. If a license is needed, what is the best way to accomplish this?

Barbara Berschler
Barbara Berschler answered on Apr 27, 2020

That sounds like a worthwhile project, but you will still need to get permission from whomever owns the copyright in the song. Also most songs have music and lyrics, so there could be 2 copyright owners. The service providers will want to know that you have the rights to post your version of the... Read more »

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1 Answer | Asked in Copyright for Maryland on
Q: Can I assign ownership of my BMI registration from myself to my company?
Barbara Berschler
Barbara Berschler answered on Apr 26, 2020

Is it that you want your company to be the owner of the royalty stream for a particular work? BMI does allow for the assignment of such rights and has a form to use. However, once you assign the rights you no longer will have access to the royalty rights unless you have the rights reassigned to... Read more »

2 Answers | Asked in Copyright for Maryland on
Q: Last year I copyrighted a song I composed under my name. Do I have to now copyright the song under the business?
Barbara Berschler
Barbara Berschler answered on Apr 5, 2020

I gather that you registered the copyright of the song in your name with the Copyright Office. That is fine. If you want your business company to now own the copyright, you can have an Assignment of Rights prepared which would result in you assigning your copyright rights to the business.... Read more »

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1 Answer | Asked in Copyright for Maryland on
Q: I want to copyright two songs & I bought exclusive rights beats from a producer is it a sound recording or work of P.A?

I plan on releasing two songs and I want to copyright both of them. I recently bought two beats and got exclusive rights from a producer.He emailed me the mp3 and wav files and told me I can do whatever I want with them and that they were mine. The issue is idk if I should copyright these as a... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Mar 18, 2020

Read the descriptions for each, Sound recordings and PA, they explain.

Sound recordings could be with or without lyrics, so if it is a mp3, wav file, it is a sound recording.

You can add the copyrighted work in your description in limitation of claims, if they are filed with...
Read more »

2 Answers | Asked in Copyright and Patents (Intellectual Property) for Maryland on
Q: If someone has a patent on an idea how long do I need to wait to get a design patent on the same idea?

The person holding the patent has never brought the product to market. My design is different but the idea is the same.

Peter D. Mlynek
Peter D. Mlynek answered on Feb 27, 2019

You can't. You can't patent something that you did not invent. And you can't patent something that is already available to the public.

Now, if you have an invention that is sufficiently different from, or an improvement over, an existing product, then you should be able to...
Read more »

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1 Answer | Asked in Copyright, Business Law and Intellectual Property for Maryland on
Q: I am starting my own business. I came up with the name in 2008, but there's a 2017 tv show with the same name...

I invented the name for my business back in 2007-2008 and want to use this name as I am starting my own consulting business. However, in 2017 there was a documentary/TV series created with the same name. Is this copyright infringement if I go forward using the name I'd come up with? It's... Read more »

Mark Oakley
Mark Oakley answered on Jan 2, 2019

As long as you are not creating written or media pieces (film) with the name as a title (assuming the name is unique and identical to the TV show) then there is probably neither copyright nor trademark infringement. But without reviewing the specific title and nature of your business it is... Read more »

Q: Is it legal to get data base off of a local gov't website

It would be to create a business with the information obtained

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Sep 18, 2018

Many government websites make information readily available for search but have a disclaimer that the information cannot be harvested by an auto-bot, software programs, etc. Harvesting an entire database is probably not going to fly, but without knowing what database you are trying to access, one... Read more »

1 Answer | Asked in Copyright and Civil Rights for Maryland on
Q: Where I live the police say it is gang related and can't be worn into school? Is this true?

They are saying this is a gang-related paten. Which it is not. How are they allowed to tell the police it is.

Gary Kollin
Gary Kollin answered on Sep 6, 2018

I do not know what "it" is. Platen is defined as "a plate, typically made of gold or silver, used for holding the bread during the Eucharist and sometimes as a cover for the chalice."

The police say. Who says? An individual police officer? A supervisor? Is it in writing?...
Read more »

2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Maryland on
Q: Hello, when do I need to renew my patent?
John Espinosa
John Espinosa answered on May 28, 2018

Here is a helpful resource: https://www.uspto.gov/patents-maintaining-patent/maintain-your-patent

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1 Answer | Asked in Copyright, Products Liability, Business Formation and Trademark for Maryland on
Q: We are bring sued by a DC firm. We are a nonprofit.

They say they have one common word trademarked! HOW can this be, with that word, which is used by many.

Can we keep our non profit name?

Mark Oakley
Mark Oakley answered on Apr 19, 2018

Have they actually filed suit (in which case, you are being sued), or did they merely send a threatening letter? I doubt you are in actual legal jeopardy of losing the word, “Heroes”, from you company name or losing a damage suit in court. My guess is that they are trying to scare you into... Read more »

1 Answer | Asked in Copyright for Maryland on
Q: Im in a band . Another band has recently started calling themselves the same name as ours. How can i keep the name.
Benton R Patterson III
Benton R Patterson III answered on Mar 5, 2018

This is actually a trademark issue. An attorney would need to know more about the situation to determine who has the rights to the name. Important facts include, who used it first, has either party registered it as a trademark, and whether the audiences for each band overlap.

1 Answer | Asked in Copyright, Intellectual Property, Internet Law and Trademark for Maryland on
Q: Question about registering a legal entity in the software industry using a well known trademark.

Hi,

I am a mobile application developer, specializing in app development for Apple’s iOS platform. The trademark “iOS” is owned by Cisco and leased to Apple for their mobile operating system.

With that in mind, can I register an LLC or a DBA using iOS as part of my legal... Read more »

Andrew Zulieve Esq
Andrew Zulieve Esq answered on Feb 14, 2018

In my opinion, your proposed idea is not a prudent one and could very well be a costly one.

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