Get free answers to your Intellectual Property legal questions from lawyers in your area.
I am concerned about copyright infringement when drawing from a reference. I am an artist beginning a small business. I almost always use some form of reference when I draw. I pull from different sources to compile an original picture (ex: finding several pictures of the same flower from different... View More 
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answered on Jun 5, 2024
To ensure you stay within acceptable reference usage for your art business, focus on creating substantial transformations in your work. When using reference photos, particularly for poses, make sure that your final piece has clear, original elements and doesn’t replicate the source too closely.... View More
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answered on Mar 22, 2024
Coloring someone else's mandala design, framing it, and selling it can involve legal and ethical issues. It largely depends on the copyright status of the original mandala design. If the design is under copyright, using it without permission for commercial purposes could infringe on the rights... View More
answered on Mar 22, 2024
It depends on what license they gave you for the design. Did they give you a license for personal use only or for commercial uses as well? If they did not give you any license at all, it definitely is not a good Idea to sell their work as your own.
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answered on Feb 23, 2024
There are companies and individuals who specialize in patent brokering and licensing, assisting patent holders in selling their patents to interested buyers. These entities typically have networks and connections within industries relevant to the patent's technology, allowing them to identify... View More
I am looking to operate an online business where I sell online courses and PowerPoint templates as materials with the course. I have seen that a Microsoft Office Home and Student license is not allowed for commercial purposes.
Questions List:
1. Is the Microsoft Professional license... View More
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answered on Feb 21, 2024
1. The Microsoft Office Professional license may indeed be suitable for distributing materials such as online courses and PowerPoint templates for commercial purposes. However, it's essential to carefully review the terms and conditions of the license to ensure that it allows for the specific... View More
I am looking to possibly start selling stickers and t-shirts online via Etsy. The images I am hoping to use would be created using AI websites. Is this something I am legally allowed to do?
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answered on Feb 21, 2024
Using images created using AI websites for your small business ideas, such as selling t-shirts or stickers online, raises questions about copyright and intellectual property rights. While AI-generated images may not have a human creator in the traditional sense, they can still be subject to... View More
I am looking to possibly start selling stickers and t-shirts online via Etsy. The images I am hoping to use would be created using AI websites. Is this something I am legally allowed to do?
answered on Jan 29, 2024
This is a great question, and is quite naturally very complex given the ever-changing landscape of technology. Right now, general intellectual property laws that govern internet images are essentially limited to uniquely created imagery and content that is produced by human individuals.... View More
The Canva terms of service are a bit confusing. My understanding is that if I have the free Canva plan and use only free Canva elements, I can essentially use the pictures/designs for anything I want besides selling them directly (in the context of trying to compete with Canva). I am starting an... View More
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answered on Dec 26, 2023
Your understanding of Canva's terms of service is largely on track, but there are nuances to consider. With a free Canva plan, you can use the free elements in your projects, including logos, PDFs, blog posts, social media, and course materials. This is generally acceptable as long as... View More
Ex: I’m trying to make a joker for a T-shirt to sell but instead of getting a picture of the joker from Google I just take a stencil of someone face and find the hair and mouth from different images and combine them then add extra things to the face such as tattoos . Is that now considered my art ?
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answered on Dec 4, 2023
Combining different images sourced from Google to create a new art piece for commercial purposes, such as selling on a T-shirt, involves important copyright considerations. Each image sourced from Google is likely protected by copyright, unless explicitly stated otherwise. This means that using... View More
...to obtain a DBA from the state if I wish to sell the products in my name (no branding) as a sole proprietor.
Also, do I need to register with the state at all if I operate as a sole proprietor AND I will NOT have NOR hold any inventory? (It would be a "print on demand" side... View More
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answered on Nov 17, 2023
If you plan to conduct business under your own name as a sole proprietor, obtaining a DBA ("Doing Business As") is not typically required. However, if you decide to sell your products under a name other than your legal name, then a DBA would be necessary. The requirement to register your... View More
It also mentions a writers share. Would this be the “pay” for music I send to them going forward? Is a buyout fee standard in music licensing?
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answered on Nov 8, 2023
A $1 buyout fee in a writer's agreement usually indicates that the music library is paying you a nominal sum for the rights to your music. Essentially, they're buying out your composition for a very small fee, which often means you may not receive future royalties from that piece.... View More
I'm writing a song but it's based off another 90% words have been change composition and meaning could they sue me?
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answered on Sep 14, 2023
If you've substantially changed the lyrics, composition, and meaning of the song to create something new, it's less likely to be considered copyright infringement. However, whether a lawsuit can be brought against you would depend on the specific details and nuances of your song and the... View More
Device for Hygienic Extraction of an Acne Related Impaction
Publication number: 20110087239
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answered on Sep 11, 2023
Determining whether a specific invention can be patented involves a detailed analysis of the patentability criteria, including novelty, non-obviousness, and utility. You can check the current status of a patent application through the United States Patent and Trademark Office (USPTO) website using... View More
I've checked everywhere to see if someone else has come up with the same idea as myself and actually created the idea. And through my investigation looking to see if someone else has created my idea. No one else has
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answered on Sep 11, 2023
If you believe your idea is unique and has not been previously disclosed or patented, the next step could be to document your invention thoroughly, including potential designs, uses, and benefits. It might be advisable to consult with a patent attorney to explore whether patent protection would be... View More
I've checked everywhere to see if someone else has come up with the same idea as myself and actually created the idea. And through my investigation looking to see if someone else has created my idea. No one else has
answered on Aug 21, 2023
Did you search for other fishing accessories that use the same concept even if the item is not identical? To be awarded a patent, one must pass through several filters. While being new is a filter, the harder one is being non-obvious. The latter test asks whether someone with access to all... View More
I've checked everywhere to see if someone else has come up with the same idea as myself and actually created the idea. And through my investigation looking to see if someone else has created my idea. No one else has
answered on Aug 24, 2023
You should contact a qualified patent attorney directly (this is just an anonymous question forum), and they can help you conduct a search and review of the relevant prior art. Even if you don't see the product in the marketplace, there is often relevant prior art in the form of earlier... View More
answered on Jul 3, 2023
In order to find out if you are able to receive a license to use someone else's trademark or make an offer to buy a transfer you should contact a trademark attorney. If the parties mutually agree in the transfer an assignment will need to be filed with the USPTO.
If you would like to... View More
answered on Jul 3, 2023
If somebody already owns and has registered the trademark you want, then you will have to purchase the trademark from the owner, who then assigns it to you under the purchase contract; or you can lease the use of the trademark from the owner.
If the trademark you want to use is not... View More
Thru Proper nutrition and exercise. What would it cost (in total) in general to attain this trademark?
Thank you kindly for your time in this matter
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answered on May 2, 2023
The cost of obtaining a trademark for "Train Like A Freak" would depend on various factors, such as whether you hire an attorney or file the application yourself, the number of classes of goods or services you apply for, and the potential challenges or oppositions to your application.... View More
Thru Proper nutrition and exercise. What would it cost (in total) in general to attain this trademark?
Thank you kindly for your time in this matter
answered on Apr 24, 2023
The law prevents attorneys from "price fixing" or agreeing to charge a uniform fee for services so this is not the place to get an answer on fees. That said, I can understand your desire to get a sense of what costs might be involved before you retain an attorney. Some firms might... View More
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