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Michigan Intellectual Property Questions & Answers
3 Answers | Asked in Contracts, Copyright and Intellectual Property for Michigan on
Q: Can I sell hand painted reproductions of AI generated art on a platform claiming ownership via terms and conditions?

I understand AI generated art cannot be copyrighted, but a website allows users to generate art on their platform, but claims it cannot be used in certain circumstances. Can I reproduce those images in another medium without violating their terms and conditions

Alan Harrison
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answered on Dec 21, 2024

This is a really cool question. I won't paint you a definitive answer but I will sketch for you the lines of my initial impression.

AI "art" can't be copyright. → so making a derivative work won't infringe. → a transformative derivative work can be copyright...
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3 Answers | Asked in Contracts, Copyright and Intellectual Property for Michigan on
Q: Can I sell hand painted reproductions of AI generated art on a platform claiming ownership via terms and conditions?

I understand AI generated art cannot be copyrighted, but a website allows users to generate art on their platform, but claims it cannot be used in certain circumstances. Can I reproduce those images in another medium without violating their terms and conditions

Alan Harrison
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answered on Dec 21, 2024

… further note about T&Cs: these can establish rights in the website owner other than copyright, and if you violate the T&C then the website owner has to seek a remedy for breach of contract, which would require them to prove their damages from breach (rather than having the possibility... View More

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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Michigan on
Q: can I contact an inventor of a patent?

I had the same idea that one inventor patented but he if from Australia. This product doesn't look like it sold in America and I want to get in touch with him to ask him some questions. Is this possible?

Sean Goodwin
Sean Goodwin
answered on Dec 8, 2024

Yes, you can contact the inventor. Most inventors assign (i.e., sell) their patent. So, you should contact the owner of the patent instead.

If the owner of a patent in a foreign country does not have a correlating patent in the United States, then you are free to make, use, and sell the...
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1 Answer | Asked in Intellectual Property and Copyright for Michigan on
Q: Are newspapers / U. S. Censuses published before January 1, 1929, on microfilm in the public domain and free to use?

I am writing a history book for publication about people in my hometown who lived in the late 1800s. Since newspapers don’t exist anymore from that time, my two choices are either microfilm at my local library or websites that have digitized newspapers. Both options are nothing more than exact... View More

James L. Arrasmith
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answered on May 1, 2024

Yes, newspapers and U.S. Censuses published before January 1, 1929, are generally considered to be in the public domain in the United States and are free to use without restriction.

According to U.S. copyright law, works published before 1929 have fallen into the public domain due to...
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2 Answers | Asked in Gaming, Intellectual Property and Internet Law for Michigan on
Q: Would editing a game's .dll file, enabling something like dev tools and redistributing that file on github be illegal?
James L. Arrasmith
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answered on May 1, 2024

Editing and redistributing a game's .dll file without permission is likely to be illegal for several reasons:

1. Copyright infringement: Most games and their associated files are protected by copyright. Modifying and distributing copyrighted files without the owner's permission is...
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1 Answer | Asked in Intellectual Property for Michigan on
Q: Received a cease and desist letter from a brand. Do I have to reply?

Received a cease and desist letter from a brands attorney for selling some of their Products on Amazon. Immediately unlisted any active listing on Amazon. Letter states to reply by email or phone within a week stating my compliance with their orders which are to cease the sale of any more product... View More

James L. Arrasmith
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answered on Mar 8, 2024

When you receive a cease and desist letter, it's a formal request to stop allegedly illegal activity. While you've taken the initial step by removing the listings, responding to the letter is generally advisable. This response can serve as documented proof of your compliance, which might... View More

2 Answers | Asked in Copyright, Entertainment / Sports and Intellectual Property for Michigan on
Q: How can I as a filmmaking student contact DC Comics and try to get authorization in order to use their characters?
James L. Arrasmith
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answered on Mar 8, 2024

As a filmmaking student wanting to use DC Comics characters in your project, you should follow the proper channels to obtain permission and avoid potential copyright issues. Here are some steps you can take:

1. Determine the rights needed: Identify which characters you want to use and in...
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1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for Michigan on
Q: We had applied a patent before many years ago by Mitsubishi Could you please help me for what happened
James L. Arrasmith
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answered on Mar 4, 2024

To find out the status of a patent application submitted through Mitsubishi or any other entity, you have several options to explore. Initially, you can check the public databases provided by patent offices, such as the United States Patent and Trademark Office (USPTO) in the U.S. or the World... View More

1 Answer | Asked in Copyright and Intellectual Property for Michigan on
Q: My music has been ripped off my profiles stolen, from my Media platforms and used by people I don't know,

Will provide more information about metadata and Names, I have secured my files, and most of my sites. They stole my information Through a breach in one or more sites.

James L. Arrasmith
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answered on Feb 25, 2024

Here are some steps I would recommend taking if your music has been stolen from your online profiles:

1. Document everything. Gather all evidence you have that shows the music originated with you, as well evidence of who stole it and where they have posted your content. Metadata, time...
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1 Answer | Asked in Copyright and Intellectual Property for Michigan on
Q: I need a copyright lawyer

My music and my files have been stolen, from multiple media sites, My metadata to my songs were altered.I have proof. The sites short list is Jango and Radio airplay, they even got into my Soundcloud and Spotify, I will supply information but I don't know who to trust.

James L. Arrasmith
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answered on Feb 23, 2024

If you're facing copyright infringement issues with your music and files being stolen from various media sites, it's crucial to seek legal assistance from an attorney experienced in copyright law. Start by gathering all evidence you have, including proof of ownership, timestamps, and any... View More

1 Answer | Asked in Copyright and Intellectual Property for Michigan on
Q: Can I create illustrations of muscle cars from different periods and use them in to create posters?

Can I create illustrations of muscle cars from different periods and use them to create posters I will sell?

James L. Arrasmith
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answered on Feb 21, 2024

Creating illustrations of muscle cars from different periods and using them to create posters for sale could potentially raise copyright issues. While the physical design of the cars themselves may not be protected by copyright, certain elements such as logos, emblems, or distinctive features... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Michigan on
Q: Is make money not friends a trade marked

To put it on sweatshirts and tshirts and pants and hoodies and jackets

James L. Arrasmith
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answered on Feb 21, 2024

To determine if "Make Money Not Friends" is trademarked, you would need to conduct a search in the relevant trademark databases. This includes the United States Patent and Trademark Office (USPTO) database and possibly other international trademark databases depending on your location.... View More

1 Answer | Asked in Copyright and Intellectual Property for Michigan on
Q: Good morning.I was wondering if I could call a song of mine "Death Stranding"

As far as i've seen on its page, music isn't included in the statements fields, which makes me think that I am actually allowed.

It's a cover song and I can pay the royalty fees to upload on the stores.

Thank you in advance.

James L. Arrasmith
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answered on Feb 21, 2024

While the title "Death Stranding" is associated with a video game, it does not necessarily mean that you cannot use it for your song. However, it's crucial to consider potential trademark issues, as the title may be protected under trademark law if it's associated with specific... View More

1 Answer | Asked in Copyright and Intellectual Property for Michigan on
Q: Public Domain images - confusing institutional rights of use

The Biodiversity Heritage Library (funded in part by the Smithsonian) has several thousand art images and photographs posted on Flickr, listed as "Public Domain" art. Their terms of use seem to indicate that anyone can use them with no restrictions, but I am confused about whether or not... View More

James L. Arrasmith
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answered on Feb 21, 2024

Navigating the rules around public domain images can indeed be complex, especially when institutions like the Biodiversity Heritage Library (BHL) and platforms like Flickr are involved. While the BHL may list images as public domain on Flickr, it's essential to understand the terms of use... View More

1 Answer | Asked in Trademark and Intellectual Property for Michigan on
Q: Can I trademark crypto punk vapes
James L. Arrasmith
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answered on Jan 8, 2024

Trademarking a product like "Crypto Punk Vapes" involves considering both trademark law and potential copyright or intellectual property rights of others. First, to trademark a name or brand, it must be distinctive and not already in use for similar products or services.

However,...
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1 Answer | Asked in Copyright and Intellectual Property for Michigan on
Q: How do you know if your app does not copyright other apps? For example, the source code and the graphics?

For example, the function is different but is represented in different shapes, is it still okay? And where do I research the copyrights and patents of other apps, so I don’t get into trouble? Also, does the copyright law and patents issued in United States still apply in China?

James L. Arrasmith
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answered on Jan 5, 2024

To ensure that your app does not infringe on the copyrights or patents of other apps, it's important to conduct thorough research. For copyrights, especially regarding source code and graphics, ensure that any content you use is original or properly licensed. Avoid using code, images, or... View More

1 Answer | Asked in Trademark and Intellectual Property for Michigan on
Q: Is selling a t-shirt that reads “Wine the hell not” an infringement of the trademarked “wine not”

Attempted to design an original t-shirt with the phrase “wine the hell not” but the listing is being taken down due to an individual claiming trademark infringement on his phrase “wine not” for various clothing items. Does this person have grounds for this or is my phrase original enough to... View More

James L. Arrasmith
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answered on Dec 9, 2023

In assessing whether your phrase "Wine the hell not" infringes on the "Wine not" trademark, a key factor is the likelihood of confusion among consumers. Trademark infringement hinges on whether consumers might mistake your product for one associated with the trademarked phrase.... View More

2 Answers | Asked in Intellectual Property for Michigan on
Q: Legal Assistance Needed for Recent Copyright Infringement Email

I am reaching out for legal guidance regarding a recent copyright infringement email my business, Empire Wardrobe, received. This email included a screenshot dated five months ago of a product on our website, which, according to our records, was removed shortly after that time.

This is the... View More

Sarah Teresa Haddad
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answered on Nov 5, 2024

Additional issues to consider would be whether the claimed original image is registered with the US Copyright Office, the purpose the original claimed image was used versus the purpose of the accused image, questions of any damages, and accessibility to the claimed original source.

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1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Michigan on
Q: So with all the patents discord has would it be legal for me to make my own messaging platform similar to discord or no
James L. Arrasmith
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answered on Oct 16, 2024

Discord holds numerous patents related to its messaging and communication features. Creating a similar platform without infringing on these patents could be challenging. You would need to carefully analyze Discord’s patented technologies to ensure your platform does not use the same methods or... View More

1 Answer | Asked in Business Law and Intellectual Property for Michigan on
Q: A DoD supplier puts our technology on their website without specifying the IP is ours. Is this legal? Can we sue?

Our client, a large US-based DoD supplier, who has access to our technology, and with whom we have a contract - whereby they pay us a fee if they sell any of their products with our technology inside - is publicly positioning our technology as if the IP belonged to them. This includes interviews on... View More

James L. Arrasmith
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answered on Aug 2, 2024

You likely have a strong basis to build a case against the DoD supplier. Misrepresenting intellectual property can be a breach of contract and potentially a violation of intellectual property laws. You should review your contract to identify any specific provisions related to the use and... View More

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