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Michigan Copyright Questions & Answers
1 Answer | Asked in Copyright, Intellectual Property, Divorce and Family Law for Michigan on
Q: Are food recipes considered a marital asset if used in a business.

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... View More

James L. Arrasmith
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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,... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Michigan on
Q: How to obtain the right to use the name willy Wonka and the Wonka bar as a restaurant and bar using chocolates world

Like France Belgium Switzerland Mexico, Japan etc

James L. Arrasmith
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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... View More

3 Answers | Asked in Copyright and Intellectual Property for Michigan on
Q: Does someone have the right to use a picture that features my work?

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?

David Aldrich
David Aldrich
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.,... View More

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3 Answers | Asked in Copyright and Intellectual Property for Michigan on
Q: Does someone have the right to use a picture that features my work?

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?

James L. Arrasmith
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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...
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1 Answer | Asked in Copyright and Trademark for Michigan on
Q: Can the Hardy Boys name be used for different characters such as grandkids?

Not the actual characters but 2 of their grandchildren would be used.

James L. Arrasmith
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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.

1 Answer | Asked in Copyright and Intellectual Property for Michigan on
Q: Is a short quote (7 words) from a published book copyrighted? I have a small shop on Etsy.

- 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... View More

Brent T. Geers
Brent T. Geers
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.

2 Answers | Asked in Copyright, Gaming and Intellectual Property for Michigan on
Q: Is it illegal to make content using video game footage/pictures?

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... View More

Erik Špila
Erik Špila
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...
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1 Answer | Asked in Copyright for Michigan on
Q: Can I use a family member’s picture on a book cover?

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?

Brent T. Geers
Brent T. Geers
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?

1 Answer | Asked in Copyright and Intellectual Property for Michigan on
Q: Can someone make a documentary about a segment of my life without my permission? I live in Michigan.

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... View More

Brent T. Geers
Brent T. Geers
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... View More

2 Answers | Asked in Copyright and Trademark for Michigan on
Q: am i able to use a photo of boss baby to make customized golf balls?

the golf ball includes a single picture of boss baby

Marcos Garciaacosta
Marcos Garciaacosta
answered on Aug 16, 2021

No.

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1 Answer | Asked in Copyright for Michigan on
Q: Can I use a purchased stencil or temporary tattoo in a painting that I plan to sell?
Marcos Garciaacosta
Marcos Garciaacosta
answered on Jul 18, 2021

It depends on the seller and the type of content.

Consult with an attorney.

1 Answer | Asked in Copyright, Business Law and Trademark for Michigan on
Q: If something isn't properly copyrighted or trademarked can it end up in the Public Domain?

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... View More

Michael Zamzow
Michael Zamzow
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...
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1 Answer | Asked in Copyright for Michigan on
Q: If I want to use the character on a T shirt for sale. How would I legally do that? I see others online for sale.

Example loony tunes characters. Pepe le Pew.

Michael Zamzow
Michael Zamzow
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... View More

1 Answer | Asked in Copyright and Intellectual Property for Michigan on
Q: We are looking for a copyrights lawyer to defend a case in Michigan on urgent basis, please contact if someone can help.
Timothy John Billick
Timothy John Billick
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).

2 Answers | Asked in Business Formation and Copyright for Michigan on
Q: I want to make a baseball hat with these same initials. Can I do that?

I want to use the initials GTFO.

Steve Charles Vondran
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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... View More

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2 Answers | Asked in Copyright and Business Law for Michigan on
Q: Does Huntington's trademarked "welcome" prohibit if I say "Welcome to Crossnik Media" in a single advertisement?

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... View More

Thomas. R. Morris
Thomas. R. Morris
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... View More

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1 Answer | Asked in Copyright and Intellectual Property for Michigan on
Q: Michigan: copyright question regarding rewriting of scientific articles in simple language

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... View More

Kathryn Perales
Kathryn Perales
answered on Aug 5, 2020

I would say no. Best to get permission from the authors before doing this. They might appreciate your efforts.

1 Answer | Asked in Business Law, Copyright and Trademark for Michigan on
Q: Can I use an acronym like G.O.A.T. in my business marketing materialand website? Or can someone actually trademark this?

The name of my business is GOAT Nails and I am wanting to make sure it is ok for me to use the acronym G.O.A.T.throughout my website.

Kathryn Perales
Kathryn Perales
answered on Aug 5, 2020

Interesting question - I would have thought that G.O.A.T. (greatest of all time) would be too generic to trademark, but I see that some people have successfully done it. You should check the TESS database (tess2.uspto.gov) to search for all of the US registered trademarks with the word GOAT in... View More

1 Answer | Asked in Copyright and Education Law for Michigan on
Q: I would like to show my video analysis of propitchers in a certification and continuing ed course. Can I do this legally

I am creating a continuing education program and certification for strength and conditioning coaches and rehabilitation professionals on training and rehab of the throwing athlete. I would like to show video analysis of voiceover style videos featuring professional pitchers to demonstrate proper... View More

Kathryn Perales
Kathryn Perales
answered on Jun 19, 2020

You should get permission from the copyright holder of the video - could be the videographer or their employer, or ESPN... In my opinion what you are describing would not pass a fair use test. You might also need permission from the athlete in the video, depending on state law.

1 Answer | Asked in Copyright for Michigan on
Q: Is it legal to use someone else art as an ASSET of an app you're developing with crediting them in a license section?

Like I want to develop this app which is like the Pokemon Dex but for anime characters and I can't draw and even if I could, it would be technically using the art from the anime character creator. I want to monetize it so I am able to upgrade the backend as the character's info is with... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Jun 15, 2020

Unless you really have a license, you would be lying by crediting them in the license section.

No. See who owns the art and try to get a license.

You can also hire somebody for original art.

Best luck

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