Montana Intellectual Property Questions & Answers

Q: I have a more detailed question in regards to legalities to copyrighted photo use.

1 Answer | Asked in Intellectual Property for Montana on
Answered on Dec 26, 2018
Griffin Klema's answer
This is a difficult situation. The start of the analysis is that the original photographer owns the copyright unless transferred by agreement to someone else. Based on the facts you provide, there might be an implied contract between the photographer and the group, either by the conduct of the parties, or perhaps in emails or other messages that could establish an enforceable license that the group owns from the photographer. Because copyright infringement has significant penalties, both as to...

Q: What are some ways I can check on the legal rights I have to a potential name for a developing small business?

1 Answer | Asked in Business Law, Intellectual Property, Trademark, Business Formation and Copyright for Montana on
Answered on Dec 8, 2017
Will Blackton's answer
Short phrases and names are generally not protected by copyright law. What you're probably thinking of is trademark infringement - the key question being, will your name confuse consumers, that is, might consumers believe that your company is affiliated with or endorsed by E. B. White, Harper & Brothers, Hanna-Barbera Productions, Universal, or any of the other entities involved with a production of Charlotte's Web who may retain rights in that name.

Is it impossible to use the name?...

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