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Missouri Copyright Questions & Answers
3 Answers | Asked in Intellectual Property and Copyright for Missouri on
Q: Person doing artwork for cover I designed for my book is claiming ownership

I bartered with a "friend" to do the artwork for cover to book. (A new Mini-fridge for her artwork.) I gave her the rough sketch of my cover and pictures of components in that sketch. She is now claiming it is her work and she will (or already has) put the cover on Facebook giving her... View More

James L. Arrasmith
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answered on May 11, 2024

In this situation, even without a formal written contract, you may still have a strong case to claim ownership of the cover design based on the emails you exchanged, which serve as evidence of your agreement and the work you provided to the artist. Here are some steps you can take:

1....
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3 Answers | Asked in Intellectual Property and Copyright for Missouri on
Q: Person doing artwork for cover I designed for my book is claiming ownership

I bartered with a "friend" to do the artwork for cover to book. (A new Mini-fridge for her artwork.) I gave her the rough sketch of my cover and pictures of components in that sketch. She is now claiming it is her work and she will (or already has) put the cover on Facebook giving her... View More

Alan Harrison
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answered on May 8, 2024

It's important that you have emails demonstrating what was to. In some States, a chain of emails can be a binding contract.

Contrary to what attorney Goodwin answered, you may accidentally have established "work for hire" - although this is unlikely. You could have a...
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3 Answers | Asked in Intellectual Property and Copyright for Missouri on
Q: Person doing artwork for cover I designed for my book is claiming ownership

I bartered with a "friend" to do the artwork for cover to book. (A new Mini-fridge for her artwork.) I gave her the rough sketch of my cover and pictures of components in that sketch. She is now claiming it is her work and she will (or already has) put the cover on Facebook giving her... View More

Sean Goodwin
Sean Goodwin
answered on May 8, 2024

Under U.S. law, an original work of authorship fixed in a tangible medium receives an automatic copyright.

You own a copyright to your original sketches. You do not own your friend's artwork (at least the original components that she added) because you did not agree via contract with a...
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1 Answer | Asked in Copyright, Divorce, DUI / DWI and Banking for Missouri on
Q: I need Help To Review My Deposition
James L. Arrasmith
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answered on Feb 21, 2024

Reviewing your deposition is crucial to ensure accuracy and completeness of the testimony provided. Start by carefully reviewing the transcript or recording of your deposition, paying attention to the questions asked and your responses. Verify that your answers accurately reflect your recollection... View More

1 Answer | Asked in Copyright and Intellectual Property for Missouri on
Q: how did I obtain a license agreement for Disney, marvel, and dc? I want to do custom tees inspired by their content
James L. Arrasmith
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answered on Sep 9, 2023

Obtaining a license agreement to use intellectual properties of Disney, Marvel, and DC for creating custom merchandise involves approaching the respective companies and negotiating a license agreement with them. You will need to prepare a detailed business plan outlining how you plan to use their... View More

1 Answer | Asked in Copyright, Gaming and Intellectual Property for Missouri on
Q: dad be able to sue a company for not putting his name in the credits for the work he sold them as agreed through email

my dad made a mod for a game; they said that they would pay $500 and put his name in the credits. years later, his name is nowhere to be seen, what can he do about this?

James L. Arrasmith
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answered on Jul 10, 2023

If your dad made a mod for a game and had an agreement with the company to be paid $500 and have his name in the credits, but the company has not fulfilled their part of the agreement, he may consider reaching out to them to remind them of the agreement and request that they rectify the situation.... View More

1 Answer | Asked in Copyright and Intellectual Property for Missouri on
Q: I do digital painting for a hobby. I want to give full copyright to another individual. w/o paying lawyers.

The paintings contain nothing copyrighted or trademarked, I have not registered them. They are too numerous to afford to do so. The other person lives too far for both of us to meet to sign a document together. And I have no requirements of them. I simply wish to give the copyright away to... View More

James L. Arrasmith
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answered on Mar 29, 2023

To transfer copyright ownership to another individual, a written agreement or document is typically necessary. This agreement should clearly state the transfer of ownership, including the scope and duration of the transfer, and should be signed by both parties. While it is possible to create such... View More

1 Answer | Asked in Copyright and Intellectual Property for Missouri on
Q: copyright question? creating a cookbook from Pinterest recipes

I want to create a cookbook/blog with Pinterest recipes stating where I found the original I used but talk about how my version turned out while sharing the recipe. is that legal or copyrighted? I plan to take my own photos of my attempts to make the dish, the ingredients (if I change it when I... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Oct 26, 2022

Your use of previously published recipes does not infringe the copyright in them, as it is "fair use" under the law. Fair use allows limited use of copyrighted material without permission from the copyright holder for purposes such as criticism, parody, news reporting, research and... View More

1 Answer | Asked in Copyright and Intellectual Property for Missouri on
Q: Can I use the New Yorker logo on top of an original design on clothes to sell on Etsy? Other well known names?

What are the rules regarding using a copyrighted name for small business commerical use? I'd like to be able to put albums, song names, or use images from movies on clothing items - obviously with an original twist of my own, but I'd like to stay in business, too.

Erik Špila
Erik Špila
answered on Oct 12, 2022

These are sort of complicated and not so easy to answer questions which would require more details from your side so we can provide you more case specific answers.

In general - you can not use copyrighted logos, names, designs and so on without the consent of the copyright owner in...
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2 Answers | Asked in Copyright and Intellectual Property for Missouri on
Q: If I take a photograph of the U.S. Capitol building, can I use it as part of the cover art for my novel?
Steve Charles Vondran
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answered on Jul 26, 2022

Generally speaking, the photos you take are your own property, and can be protected by copyright. This means, as your property (IP), you can use it as you like. Some buildings can be subject to architectural copyright protection, but being a federal building (taxpayer funded), I would feel... View More

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1 Answer | Asked in Business Law, Copyright and Intellectual Property for Missouri on
Q: Former board member stole intellectual property. What can I do?

I am the founder and president of a non-profit organization, registered in Missouri since 2019. A former board member has stolen the intellectual property of the organization and is using the organization's name for personal use. They have removed my access to the domain name in the... View More

Matthew Morris
Matthew Morris
answered on Jun 4, 2022

The devil is going to be in the details on this, and there are probably dozens of follow-up questions that a nonprofit attorney (which I am) or an intellectual property attorney (which I am not) would ask you. But here are some thoughts.

This type of situation often arises when two or more...
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1 Answer | Asked in Business Law and Copyright for Missouri on
Q: Hi! I have a business that sells t-shirts with pictures of historical figures on them. Does this break licensing laws?
Marcos Garciaacosta
Marcos Garciaacosta
answered on May 14, 2021

Depends on where you are getting the figures from and how old they are.

Consult with an attorney.

1 Answer | Asked in Copyright and Intellectual Property for Missouri on
Q: Can someone copyright a type of card?

I want to make my own cards for people to support their loved ones who are coming out as part of the LGBT community. However, other people are already doing that. Since that idea is so specific and unusual, could someone copyright that type of card? Or can anyone make any type of card as long as... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Dec 27, 2020

The second. You can not protect the concept. You can only protect the content, its substance and look and feel. So you can protect the combination of words, in a specific style, graphics, artistic elements.

They need to be unique.

Consult with an attorney.

1 Answer | Asked in Copyright and Business Law for Missouri on
Q: I was wanting to start a small Business reselling Tv show stickers I buy from Amazon but I am unsure if I am allowed.
Marcos Garciaacosta
Marcos Garciaacosta
answered on Dec 15, 2020

you always run some risk.

you should consult an attorney.

just because it is sold through Amazon does not mean it is a properly licensed product and that you can resell them

1 Answer | Asked in Copyright for Missouri on
Q: Is there a patent for a piece of material that covers the top of the zipper to protect the zipper from poking upwards?
Allison Higgins
Allison Higgins
answered on Nov 13, 2020

Hi, it looks like you posted this in the Copyright section, but you are looking for information about a Patent. I would suggest re-posting in the Patent section for better answers. You will need a licensed patent attorney to help in your situation.

2 Answers | Asked in Copyright and Trademark for Missouri on
Q: I want to trademark High AF as a brand and logo how can i do this since there is an un-used trademark of the same name?

I am a new entrepreneur with a Bachelors Degree in grapic design looking to start a new company. I will use the moniker High AF where the current owner has not used that moniker. As i understand it is owned by a make-up company that does not use that moniker currently or ever to my knowledge. I am... View More

Jason Brooks
Jason Brooks
answered on Aug 27, 2020

I’d be happy to discuss this on a call. Feel free to email me at jason@altviewlawgroup.com and we can set up a time to chat.

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1 Answer | Asked in Copyright, Entertainment / Sports and Intellectual Property for Missouri on
Q: Would I be able to write a musical titled, “Danny Phantom the Musical” and use the likeliness of the characters?

I am looking to write a musical and I would love to write a musical based on the cartoon Danny Phantom. I noticed that there is a trademark on Danny Phantom. So I was curious if I could use the name Danny Phantom and attach Musical to it, while also using the likeliness of characters in the... View More

James D. Williams
James D. Williams
answered on Jul 26, 2020

The biggest thing that you have to worry about is probably copyright because you would be making a derivative work by making a musical. Viacom has the registration for the show, and when you adapt and derive content from one medium into another, you need a license from the respective owner(s).... View More

1 Answer | Asked in Copyright for Missouri on
Q: Can I sell prints of photos of cars that I took while hired by a car dealership? Some could be labeled “artistic.”

I own a small two-person photography / videography business. One of my clients is a car dealership that has the brands Volkswagen, Audi, Mercedes-Benz, and Porsche. I’ve taken photographs weekly for them for years and am looking to see if I can legally sell prints of these vehicles. I’m afraid... View More

Barbara Berschler
Barbara Berschler
answered on May 27, 2020

Interesting question. The situation you describe has copyright and trademark implications. Because the cars have insignias and other marks on them, in addition to their overall look, the trademark owners likely would not like the public to think they authorized you to take the photos. Similarly,... View More

1 Answer | Asked in Copyright for Missouri on
Q: Do I need to copyright an autobiography?
Barbara Berschler
Barbara Berschler
answered on Apr 22, 2020

Once you "fix" a work, meaning making it perceivable by others, the rights of copyright immediately attach. So that part is covered. But in order to ease enforcement of those rights, it is wise to register the copyright with the Copyright Office. The Copyright Office's website... View More

1 Answer | Asked in Contracts, Copyright, Collections and Trademark for Missouri on
Q: Is it legal to draw up your own forms for Garnishing wages and use the Missouri Seal like the original form?

Hi, I live in Missouri and have a rental business. Every month I have to go through 1-4 evictions. Most judgments I get are never paid. This is an ongoing issue. To make things easier, I have created a spreadsheet that fills out forms for Rent and Possession, Unlawful Detainers and Garnishment... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Dec 8, 2019

Rent and Possession petitions and Unlawful Detainer petitions need not be filed using the forms made available by the Missouri judiciary or your local circuit court. I am not certain but believe that the garnishment forms on the available at https://www.courts.mo.gov/page.jsp?id=103116 and your... View More

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