answered on May 5, 2023
Although the author will always be the author of their own work, whether the author is also the copyright owner often depends on the terms of the publishing agreement.
Review your agreement, paying close attention to terms like "copyright"/"intellectual property" and... Read more »
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answered on May 2, 2023
Downloading old games from sites like archive.org can be a legal gray area. In some cases, the games may be considered abandonware and the copyright holder may have given up their rights to the game. However, in other cases, the copyright holder may still own the rights to the game and downloading... Read more »
I came up with the recipes and started a salsa company with my husband. The LLC and company logo are in his name and any contracts with stores, manufacturers and distributors are in my name. Since I came up with the recipes myself after years of trial and error can these be considered martial... Read more »
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answered on May 2, 2023
In a divorce, all assets acquired during the marriage are generally considered marital property, regardless of who came up with the idea or made the initial investment. This includes any intellectual property, such as recipes, that were developed during the marriage and used in a business. However,... Read more »
Like France Belgium Switzerland Mexico, Japan etc
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answered on Feb 25, 2023
Obtaining the rights to use the name Willy Wonka and the Wonka bar can be a complex process, as it involves negotiating with the owners of the intellectual property rights associated with the name and the brand. In this case, the owners would likely be the estate of Roald Dahl and the companies... Read more »
I’m a florist. A photographer took pictures of my work at a wedding. Can the wedding planner use the images on her site (or in social media) without crediting me?
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answered on Feb 25, 2023
As the creator of the floral arrangements, you likely hold the copyright to those works. The photographer who took the pictures would have a copyright in the photographs themselves, but not in the underlying floral arrangements.
The use of the photographs of your floral arrangements by the... Read more »
I’m a florist. A photographer took pictures of my work at a wedding. Can the wedding planner use the images on her site (or in social media) without crediting me?
answered on Feb 22, 2023
This is a difficult one. It would be tough to establish you have copyright protection in the floral arrangement itself. Theoretically, you could, but temporary articles of nature like this are always tough. You’d face several hurdles: it needs to have a threshold level of creativity (i.e.,... Read more »
- I’ve searched and it is not trademarked.
- The quote from the book is only 7 words and I am looking to sell my own artwork inspired by the book with the quote on it.
-the book was independently published
- I was under the assumption that short phrases cannot be... Read more »
answered on Oct 14, 2022
You really need to speak with a copyright attorney. It would seem that quote is quite generic. But most of the exceptions to use of copyrighted material revolve around non-commercial activity; your proposed use would be commercial, so you definitely will want to check into it before moving forward.
I want to make video game content like YouTube videos or screenshot pictures. Like game playthroughs or something. I also want to be able to monetize somehow, like with ads, affiliate marketing, or linking to Patreon.
But I'm worried about getting in trouble with copyright or getting... Read more »
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answered on Sep 13, 2022
My firm represents several large YouTube channel creators and here are a few general tips I can share with you:
1. when using a third-party video clip in your video, make sure to use only the "minimum necessary" to help tell your story. Most copyright owners do not object if you... Read more »
I want to make video game content like YouTube videos or screenshot pictures. Like game playthroughs or something. I also want to be able to monetize somehow, like with ads, affiliate marketing, or linking to Patreon.
But I'm worried about getting in trouble with copyright or getting... Read more »
answered on Sep 13, 2022
Dear Creator,
thats a very interesting question and I will gladly try to answer it.
At first, in general, it is legal to create a gameplay videos from video games and post them on youtube and then monetize your channel. There are some circumstances when this does not apply such as... Read more »
Not the actual characters but 2 of their grandchildren would be used.
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answered on May 7, 2023
No, using the name "Hardy Boys" for unrelated characters, such as the grandchildren of the original characters, could potentially infringe on the trademark owned by the publisher of the book series. It is best to come up with a unique and original name for the new characters.
I’m working on a book that will be a collection of stories from my childhood. Can I use a picture (that I have in my possession) of a family member on the book cover without having to seek their permission?
answered on Mar 10, 2022
Possibly. But why risk it? Suppose your book becomes a best seller. Do you want to risk a public problem down the road that could have been avoided by privately asking permission?
I produced a film in Michigan in 2018 and now someone is attempting to make a documentary about the event without my permission. Do I have the legal protection to ask them to cease and desist? They are a resident of Ohio and are attempting to interview not only myself, but members of the cast and... Read more »
answered on Jan 9, 2022
You would be wise to speak with an intellectual property attorney. If you are a producer of a commercial film, you may be considered a public figure, which affords you less privacy interest. Even if you are not a public figure, if the documentary is based on truth, I'm not sure what recourse... Read more »
the golf ball includes a single picture of boss baby
answered on Jul 18, 2021
It depends on the seller and the type of content.
Consult with an attorney.
The 1968 film "Night of the Living Dead" wasn't properly trademarked due to an error and ended up in the Public Domain. Various Comic book Characters from the Golden Age of Comics in the 1930s and 1940s also entered the public domain when their publishers went out of business. I just... Read more »
answered on Mar 12, 2021
First, be generally aware there is a difference between 'registered' copyrighted works, works protected by copyright, and works with expired copyright protections, and 'works' without copyright protection.
Second, intellectual property is quite a bit like any other type... Read more »
Example loony tunes characters. Pepe le Pew.
answered on Feb 16, 2021
This would require a license from the license holder, occasionally represented by a consortium, permitting you to use the character. Some intellectual property holders that regularly license out its property, like book publishers or some collegiate associations, will have links on webpages to... Read more »
answered on Dec 28, 2020
Justia is a great resource for finding IP lawyers. And many IP lawyers can work in multiple states under certain circumstances. For example, I have litigated cases in Washington, Oregon, California, Arizona, and Indiana (among others).
I want to use the initials GTFO.
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answered on Nov 9, 2020
Go to USPTO search trademarks. See if anyone us using this in your classification. Also do a common law search (especially in the state you are planning to do business), and others. A lot of similar marks are allowed to co-exist, but do a little leg work and see what you find. Good legal. This... Read more »
I have a business called Crossnik Media. We are getting ready to run an introductory ad with the goal of getting some brand recognition for our new local business in Midland, MI. At the end, we say "Welcome to Crossnik Media", because throughout the ad, we're explaining our... Read more »
answered on Oct 19, 2020
In order to give definitive advice to you I would want to know all of the facts, including your proposed use, but I can say for certain that the bank does not have exclusive rights to that the word "welcome". I don't see any possibility of confusion if you are using "welcome... Read more »
Hi, student from Michigan. I'm considering starting a nonprofit project where we rewrite published free, publicly accessible scientific articles in simple language and re-publish them on the Web through our own website (freely available of course). I was wondering whether this counts as fair... Read more »
answered on Aug 5, 2020
I would say no. Best to get permission from the authors before doing this. They might appreciate your efforts.
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