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New Jersey Copyright Questions & Answers
Q: Do I have a legal right to my registered trade name in my county where my trade name is registered? To prevent anyone

I need to know if I have legal right to prevent anyone from using my trade name? I sold my business but never sold the trade name for the business what are my rights for my trade name?

Tania Maria Williams
Tania Maria Williams answered on Feb 4, 2020

Usually, in the sale of a business, the sale agreement includes the goodwill of the business and its name. Your rights in the name will depend on what the agreement says as to ownership of the name. If, in fact, you did not sell the name, then your rights are dependent on how you are currently... Read more »

1 Answer | Asked in Copyright and Intellectual Property for New Jersey on
Q: I have created a digital course(info product) that shows people how to run digital marketing ads for local businesses

One of the method that is teached is a Unquie method of remarketing. There is a paid program out there that teaches a simailr version of this as well, as well as information online about it. I have used some of this work as inspiration, and created a similar strategy in my own words, but the end... Read more »

Paul J. Riviere
Paul J. Riviere answered on Jan 24, 2020

It seems your teaching/coaching methodology may be protected by copyright and/or patent protection. Copyright law protects original works of authorship; caveat is it need to be in a tangible form like videos or books. There is not enough information here to say yes or no. If the paid program that... Read more »

1 Answer | Asked in Copyright for New Jersey on
Q: Is it possible for me to take a picture of an artist work to print them on hoodies and sell them online
Jason Brooks
Jason Brooks answered on Dec 18, 2019

No that would be copyright infringement. You’ll need the artists permission first — make sure you get it in writing as well.

2 Answers | Asked in Copyright, Intellectual Property and Trademark for New Jersey on
Q: I like to purchase this trademark!
Leonard R. Boyer
Leonard R. Boyer answered on Nov 27, 2019

If the owner is willing to sell the Trademark, you can do so, but to insure everything is done correctly, then you must retain an experienced IP attorney.

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3 Answers | Asked in Copyright and Small Claims for New Jersey on
Q: What should I do if someone is refusing to pay for artwork I did for them and also allowed someone else to edit it?

They are letting the other person claim it as their own and refusing to pay for it

Jason Brooks
Jason Brooks answered on Feb 8, 2019

Sounds like you've got a collections matter on your hands, with claims for breach of contract, and also copyright infringement. In most cases, a legal demand letter does the trick. If it doesn't you either have to let it go, or file a lawsuit (either in small claims or civil court). I... Read more »

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1 Answer | Asked in Copyright for New Jersey on
Q: I used lyrics from a classic rock hit in a piece of artwork. I get a lot of requests for this. Can I sell prints?

I created a piece of artwork for an employer a while back. It's an illustration of the lyrics to "Stairway to Heaven". I realize it's probably copywritten and extremely protected. I have an image of the artwork online and get requests to buy it often. I'd like to make... Read more »

John Espinosa
John Espinosa answered on May 12, 2018

You are talking about a derivative work. There is a chance, but it is a tricky area. Here is a helpful resource: https://www.copyright.gov/circs/circ14.pdf

1 Answer | Asked in Copyright for New Jersey on
Q: AXS TV recently aired a series focusing on Rock Legends.

I was watching the episode about my favorite group and was completely surprised when they flashed a picture I took at the Beacon Theater NYC in 1974. I emailed AXS CEO and was told it was licensed through the production company they use. Do they owe me anything? I've never signed any releases.

Jason Brooks
Jason Brooks answered on Apr 24, 2018

If you can prove that the picture they used is actually yours, and that you never granted any license, then you may have rights. However, issues to consider are what terms you agreed to (hidden in the fine print) when you purchased your ticket -- often times, a venue will try to establish... Read more »

1 Answer | Asked in Copyright and Trademark for New Jersey on
Q: is the phrase "not all superheroes wear capes" trademarked? If not can I legally trademark it and if so can I use it?

I am currently trying to start a non-profit and wanted to use the term as the slogan for my non-profit.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Apr 19, 2018

Maybe either you have to check yourself or hire a lawyer to do it for you. Using someone elses copyright can lead to a lawsuit and severe monetary penalties.

1 Answer | Asked in Copyright for New Jersey on
Q: who is liable for a photo copyright ingringement complaint ? The advertiser or the owner of a domain name and website

An attorney is seeking damages for their client regarding a copyright infringement related to a specific photo on a website that I own and I own the domain name as well. I charge my client a fee to use my website with their business name on it. Is my client liable even though they do not own the... Read more »

Benton R Patterson III
Benton R Patterson III answered on Nov 20, 2017

Most likely you are both liable. Although, you may also have a claim against your client to reimburse you for your liability to owner of the photograph. An intellectual property attorney would need to review all the facts to know for sure.

1 Answer | Asked in Copyright, Criminal Law, Civil Rights and Sexual Harassment for New Jersey on
Q: How Can I get a nude video of me taken down?

Someone recorded me and posted a video of me naked online without my consent. I was under 18 in the video and I contacted the website numerous times to get it taken down and no one has done anything. What Can I do to get it taken down?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 9, 2017

More information is needed to answer your question, when you say no one has done anything, who is no one (police, school parents etc) , where is it posted, what if any body parts were showing, these are all questions which are important to understand why nothing happened. Lastly sometimes if the... Read more »

2 Answers | Asked in Copyright and Trademark for New Jersey on
Q: we're a brewery. if someone else trademarked our Company name, could they force us to pay them or stop using it?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 2, 2017

Anyone can sue you, the question is can they win. In this case many pieces of information would need to be determined to tell if you would win or lose, including but not limited to when you started to use the name, when they started, date of trademark, was the name used continuously etc, etc. Get... Read more »

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2 Answers | Asked in Business Law, Copyright and Intellectual Property for New Jersey on
Q: If re-sell clothing with a copyrighted name on it but that name is an Acronym, can i still get in trouble legally?

I want to re-sell unofficial BTS clothing. BTS (Bangtan Seonyeondan) is a Korean Boy band. They are owned by the Korean record label Big Hit Entertainment, the copyright holding company. Big Hit succesfully copyrighted "BTS" in the US in April. I'm not worried about trademark... Read more »

Glenn B. Manishin
Glenn B. Manishin answered on Jul 20, 2017

If they have a registered trademark in the US on the acronym for the band, selling t-shirts with that TM would be infringement. You should ask for a license since you indicate they do not sell merchandise. Whether a "reseller" or with a website disclaimer, the business you describe would... Read more »

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1 Answer | Asked in Consumer Law, Copyright, Personal Injury and Workers' Compensation for New Jersey on
Q: is it legal to put hidden camera in store main area in nj without business owner permision ?

town put it and took off without permission

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jul 20, 2017

They would need a warrant in most cases.

1 Answer | Asked in Copyright for New Jersey on
Q: Would I be violating copyright law(s) is use personal account to upload videos to business page?

I am in 50 50 LLC partnership with one more partner. We offer wedding videography and photography services. I record and edit videos and he records and edits photos. Videos can not be directly uploaded to the Facebook business page. It can be done via Administrators of the page. We both(our... Read more »

Will Blackton
Will Blackton answered on Jun 6, 2017

Violation of copyright law does not happen in a vacuum. If you're concerned that you'll violated copyright law by uploading video taken by your business partner, the simple fix is to ask your business partner for (written) permission to do this. Someone has to enforce their interest in... Read more »

2 Answers | Asked in Copyright, Entertainment / Sports and Intellectual Property for New Jersey on
Q: Starting a sports league with a unique format. Can Intellectual property help protect the format from being copied?

I have a concept for a track and field league that I'm putting together with a unique format. Before I put it fully together I wanted to know if I could protect the idea so it can't be copied by others. It's a different system then a normal track meet .The events will be the same but... Read more »

Will Blackton
Will Blackton answered on May 16, 2017

I will not speak to patent protection, as that's outside of my practice area. Copyright law will protect the expression of your ideas or rules, that is, the creative organization of words used to write the rules, but not the underlying ideas or rules themselves. Trademark law will protect... Read more »

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1 Answer | Asked in Copyright and Trademark for New Jersey on
Q: I live in the United States. I sell a fitness product and I offer a free silicone bracelet with it.

On this silicone bracelet I want to put the cancer awareness ribbon? Is that copy right infringement?

Will Blackton
Will Blackton answered on Mar 14, 2017

Google "cancer ribbon trademark suit Komen." Copyright law isn't really your concern here, trademark infringement is. The Komen Foundation has previously sued other nonprofits for trademark infringement regarding their pink cancer ribbon.

2 Answers | Asked in Copyright for New Jersey on
Q: Are there any state-specific laws about copyright, or is it all federal?
Will Blackton
Will Blackton answered on Feb 10, 2017

Federal copyright law preempts all state copyright law (so long as the state law protects rights equivalent to the exclusive rights protected by federal copyright law). That means if there is a federal copyright law applicable to a given situation, it doesn't matter if there is also a state... Read more »

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1 Answer | Asked in Copyright, Immigration Law and Intellectual Property for New Jersey on
Q: citizenship application, possibility of deportation??

i was detained 4 years ago on my way back from canada to the usa, and i had a little bit of marijuana in my bag, officers found it and i was detained for about 1 to 2 hours then they let me go saying that the amount wasn't enough to get me arrested, my question; will i be deported if i applied... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Jan 7, 2017

Your past can have an adverse effect on the possibility of becoming a citizen. There are 3 main consequences of drug convictions for non-citizens, which include, deportation, denial of admissibility into the United States, and denial of citizenship. Drug related crimes are considered crimes of... Read more »

1 Answer | Asked in Copyright, Patents (Intellectual Property) and Trademark for New Jersey on
Q: I'm developing an early childhood education program and am not sure if I should copywrite, trademark, or patent it.
Peter D. Mlynek
Peter D. Mlynek answered on Nov 30, 2016

Dear fellow New Jersian --

Under the US laws, there are 4 broad types of work protection:

(1) PATENTS, that protect inventions (new things, new way of doing things);

(2) TRADEMARKS, that protect names and symbols;

(3) COPYRIGHT, that protects an expression; and...
Read more »

1 Answer | Asked in Copyright for New Jersey on
Q: Are video records of township council meetings copyrighted?

A video record of a council meeting the the township posses. Is this copyrighted or considered public domain (it is of an open public meeting and recorded by the government-run, local TV station).

Vincent Thomas Lyon
Vincent Thomas Lyon answered on Apr 22, 2011

Probably.

Check your local laws to see if they prohibit the state or the local government from holding copyrights. The Federal Government cannot get a copyright in its work, but this does not apply to state or local governments and the Federal Government can own copyrights that are assigned to it.

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