Yes, it is illegal--at least in the sense of possibly being defamatory, which is actionable in most if not all states. However, truth is usually an absolute defense in most if not all states too. Practically speaking, no lawyer would ever advise any client to go online in a public forum to do what...Read more »
The palette does not have stranger things on it. It is not called stranger things. It only has a fanart photo for the cover of the characters but does not have the wording stranger things anywhere on it. Can I get into trouble for it?
If you are marketing it as a stranger things theme then you can expect legal action for infringing on their rights. The right to use the name is covered by trademark law. Here is the trademark ownership info for stranger things: https://trademarks.justia.com/867/68/stranger-86768141.html...Read more »
I work at a non-profit museum and we have a physical copy of a photograph from 1967 originally done by United Press International in 1967. The copy we have is actually from UPI and has their stamp on the back. CORBIS bought the pre-1991 UPI images that were physically housed in UPI's archives in... Read more »
I have come up with an idea. In four (4) years of research, I have found that this product/item does not exist. I do not want this idea stolen. Before I seek financing, how may I patent this idea inexpensively? I have made the 'poor man's patent' and sent the idea to myself via the USPS. This... Read more »
Congratulations on coming up with a new product. I hope that it is a success.
You are also absolutely correct that you need to safeguard your idea. Among the documents that your investors will want to see prior to giving you money, is a patent application. If you do not have IP secured,...Read more »
Say I publish a story to an anthology work like the magazine Asimov's, and it takes place in a fictional world populated by a cast of specific characters. Does this submission give them rights to the specific story or work only, or does it also give them rights to the characters that appear in the... Read more »
Copyright applies to the "work" -- the story -- not ideas. Characters can be protected by trademarks, like Mickey Mouse. Unless you give away your rights to the characters, the magazine cannot use them without your permission in another story or any publication simply as a result of owning the...Read more »
Fair use is a defense, one that you can never completely rely on. Caveat that there is some case law asserting it is more than a defense. Anyway, there are many factors as to if you would have a fair use defense, and for that analysis I would sit down with a copyright lawyer and discuss in detail...Read more »
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