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Minnesota Copyright Questions & Answers
2 Answers | Asked in Copyright and Intellectual Property for Minnesota on
Q: I resell phone cases with animetrd pictures of popular band can I be sued for copyright infringement

And does the fact that they are band is based in another country change things

Marcos Garciaacosta
Marcos Garciaacosta answered on May 29, 2021

If you do not have a license to put the band there, yes you could be sued.

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2 Answers | Asked in Copyright, Entertainment / Sports and Gaming for Minnesota on
Q: if copyrighted music is in a game, and you upload a video of the game with the music, is there copyright infringement

i had uploaded a video on youtube of beatsaber, in it there was copyrighted music, i got a claim from the music owners, i took the video down and deleted it, what can i do in the future to avoid copyright claims if there is copyrighted music in the game

Marcos Garciaacosta
Marcos Garciaacosta answered on May 12, 2021

Check with the music owner and see if they have distribution agreements.

You may be able to get some simple licensing to allow to do what you want.

Consult with an attorney for a better analysis.

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1 Answer | Asked in Copyright for Minnesota on
Q: I created a painting inspired by a NASA image (not a copy). If I sell it, is this copyright infringement?
Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 12, 2021

You may be in luck.

Check NASA terms of service and if NASA is the ultimate owner of the images.

In general, check NASA terms, most of the content from federal government agencies is freely available to the public.

Consult with an attorney.

1 Answer | Asked in Copyright for Minnesota on
Q: Pending Motion for Reconsideration of Judge’s order.

I have a Motion for Reconsideration pending with respect to a Judge’s order. Does that pending motion ‘stay’ the current order?

William Bailey
William Bailey answered on Nov 24, 2020

Typically no, it would not stay the Order.

2 Answers | Asked in Copyright for Minnesota on
Q: Does quoting a source for a history book infringe on its copyright?

I am writing a book on Native American battlefields in the Midwest. Some of my source books have statements such as “No part of this book may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise,... Read more »

Floyd Edwin Ivey
Floyd Edwin Ivey answered on Oct 18, 2020

It may be "fair use". However, certainty of not having a conflict can be. by getting permission.

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1 Answer | Asked in Copyright for Minnesota on
Q: Can I be sued for using a company’s pictures from their website if they sell me their product at wholesale to sell mysel

I dragged pictures from their website and I Pasted on tineye and nothing came up but on google images the company comes up

Barbara Berschler
Barbara Berschler answered on May 7, 2020

Just because you are selling their product does not necessarily give you the right to use any of their materials. If you have an agreement with them about the resales, check it to see if this subject is covered. Also, check the Terms of Use provisions on their website. Likely they cover use of... Read more »

2 Answers | Asked in Copyright and Trademark for Minnesota on
Q: Is the cease and desist order I was sent an actual legal document, and is it a baseless claim or not?

I'm the host of a paranormal radio show and I use a promotional poster to announce my guests each week. During a recent show, a woman from MA messaged me saying I was infringing on her trademark because the slogan for my radio show was similar to what she uses for her website and apparel,... Read more »

Jason Brooks
Jason Brooks answered on Mar 22, 2020

She may have a trademark in that phrase, which is completely different than copyright. Your best best is to look up the phrase in the USPTO directory to see if it’s actually a registered mark.

For purposes of a trademark, there wo d be no difference of your use her use of “we are” vs...
Read more »

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1 Answer | Asked in Copyright for Minnesota on
Q: Are the advertisements in newspapers (pre-1923) in the Public Domain? Can they reproduced in a book?
Marcos Garciaacosta
Marcos Garciaacosta answered on Feb 28, 2020

Do a thorough check but many things from the 1920s and before are now in public domain.


The actual words and postings from the newspaper may be public domain. IF YOU take them from a recent source, like a book, website, etc. THERE MAY BE a copyright covering the...
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1 Answer | Asked in Copyright, Patents (Intellectual Property) and Trademark for Minnesota on
Q: Are there copyright/trademark restrictions that prevent me from selling merchandise with pictures of people's cars?

The pictures would be taken by customers of their own cars and would likely have the vehicle logo visible, and below the picture there would perhaps be a name for the vehicle they choose or a phrase of their picking...

Thank You!

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 30, 2019

Be careful on this

if it is on request of the owner of the car, and it is limited, you may be ok

you should definitely consult with an attorney before jumping in

2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Minnesota on
Q: Would a US Patent only cover my rights in the US or could I use a patent cooperation treaty with a US patent to further

Protect my rights.

Ahaji Kirk Amos
Ahaji Kirk Amos answered on Jul 22, 2019

A US patent is valid only in the US. You can use a PCT application, if you are still within the time limits, to file in other PCT countries. That requires a new application.

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Q: Does this form of business protect my right internationally, to say I patent articles under the name of the corporation
Kevin E. Flynn
Kevin E. Flynn answered on Jul 8, 2019

We do not have an option for an international patent. (Yes, I know many people write that they have an international patent, but they are wrong). We have a type of patent application that is the front end for many patent system. This is called a Patent Cooperation Treaty Application (PCT... Read more »

1 Answer | Asked in Consumer Law, Copyright, Criminal Law and DUI / DWI for Minnesota on
Q: If a cop gets info.from another person that I was driving my car home drunk from the bar,is it legal for the cop .

That mind you .didn't pull me over .or see me driving,to come to my house a half hour later and give me a DUI and tow my car right out of the driveway,no keys in vehical or on me ,also revockef my lisence for refusel,when he got my numbers reading were high but I still wasn't driving.

Thomas C Gallagher
Thomas C Gallagher answered on Jun 5, 2019

As I mentioned in my other answer to your similar question, that case would be weaker than the normal case where the police officer did observe driving, operating or control of a motor vehicle. In addition, it's common for people to drink at home, after driving. That is a defense to a DWI... Read more »

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Minnesota on
Q: If I created a design/logo for shirts. Should I get copy right, trademark or both? Another ? added to more infor section

Also, the design/logo includes words. So, if I change the words color and/or font does it still protect under the copyright/trademark law still? Even if I submit something to the copyright/trademark in black font and a specific font.

Sean Erin Serraguard
Sean Erin Serraguard answered on Apr 18, 2019

Based on the facts we have, it sounds like a trademark. Specificaly, it sounds like two trademarks, a word (standard character) mark containing just the characters and a design (special form) mark containing the logo. Remember that trademarks/service marks are for distinguishing goods and... Read more »

1 Answer | Asked in Copyright for Minnesota on
Q: Can I use Pathfinder for a clothing brand?

I am starting a brand of polos and was wondering if I could use this term.

Jason Brooks
Jason Brooks answered on May 23, 2018

You’ll need to run a knockout search to be sure. Start with the USPTO database here to make sure here are no existing registrations -

Also run through a couple pages of google for their potential similarities....
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1 Answer | Asked in Contracts and Copyright for Minnesota on
Q: Self-publishing a fitness book, with models wearing brands like Nike/using equipments with brand logos on it, copyright?

The book has many photos of models performing a demo on how to do a certain exercise. Models are wearing clothing with brand logos like Nike or using equipments with brand logos on it. Is that a copyright issue? Would I need to cover all the logos? even though those are items that we own?

Jason Brooks
Jason Brooks answered on Apr 11, 2018

Unfortunately this would qualify for infringement. While it’s unlikely that any of these brands would care, namely because it’s free advertising for them, any of them would be well within their right to sue you and shut the project down. To be on the safe side I would definitely either reshoot... Read more »

1 Answer | Asked in Education Law, Copyright and Trademark for Minnesota on
Q: I work in several schools and wondering if you can help with a couple of questions to clarify questions that I get.

1) Students/teachers are 3D Printing items such as Mickey Mouse.

2) Students/teachers are using a plasma table to cut NFL/MLB logos, Harley Davidson logos and then sell to community.

Benton R Patterson III
Benton R Patterson III answered on Feb 23, 2018

Generally, creating and selling branded items with someone else's trademark, like a professional sports team, is trademark infringement and is against the law. In most cases, making 3D printed objects is fine. If you are creating and selling copyright protected characters, you could run into... Read more »

1 Answer | Asked in Copyright and Intellectual Property for Minnesota on
Q: Laws that protect intellectual material.

I am a Realtor out of MN and owner of, my real estate blog and advice website. The website 'Help a Reporter Out' (HARO) allows journalists to ask questions to experts about a variety of topics. One of the only reasons people answer these inquiries is to get PR exposure... Read more »

Will Blackton
Will Blackton answered on Sep 25, 2017

Generally, websites contain their own terms of service, determining the rights you grant to the website when you post content. HARO is no different, according to their terms of service (

5.4. You hereby grant HARO a...
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1 Answer | Asked in Business Law, Copyright and Trademark for Minnesota on
Q: When the Justia site says something has a registered "wordmark" do you mean the LOGO or the company name in body copy?

I am a proofreader and I am trying to determine if a trade name can appear in body copy/regular font with a circle-R. My understanding is that this is a "wordmark"? And that this is a different registration than the trademark within a LOGO.

Barbara Berschler
Barbara Berschler answered on Sep 4, 2017

If a mark is designated as a "registered" mark, that means it is registered in the USA with the United States Patent & Trademark Office (USPTO) for goods (a "trademark") or for services (a "service mark"). Marks can take different forms, such as simply words;... Read more »

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Minnesota on
Q: Is it legal to use verses from the bible on "print on demand items" to sell online? Do I need a license? I live in MN.
Will Blackton
Will Blackton answered on Aug 29, 2017

It depends on what version (edition/translation) of the bible you're quoting.

The ancient versions of religious texts are almost certainly in the public domain, and freely usable. However, any quote you're likely to come across in the "print on demand" context is...
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1 Answer | Asked in Copyright, Business Formation and Business Law for Minnesota on
Q: Is it ilegal to open a bar that is from a TV show idea not the actual show
Lucas Wynne
Lucas Wynne answered on Aug 12, 2017

This question is too vague to provide a thoughtful response. The answer would depend on whether you are infringing on intellectual property.

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