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New York Copyright Questions & Answers
1 Answer | Asked in Copyright for New York on
Q: Pertaining to The Brown Hornet logo, can it be freely used now without copyright infringement?
Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 1, 2020

Not familiar with it, but unless it is abandoned, and nobody is using it and claiming ownership most likely you can not

2 Answers | Asked in Copyright for New York on
Q: accused of copyright theft

My mother makes animal carvings and sells them she looks at many things before making her own but does not follow any one thing when she makes her product. She made some animal carvings that have the same postures as the drawings in the book so they look the same but the drawings are much more... Read more »

Steve Charles Vondran
Steve Charles Vondran answered on Nov 29, 2020

Generally speaking (this is not legal advice) a Plaintiff alleging copyright infringement must show "access" to copyrighted work and "substantial similarity." Independent creation can be a defense to infringement. It sounds like you might want to have a copyright lawyer take a... Read more »

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1 Answer | Asked in Copyright for New York on
Q: Do I need a special permission if I want to use the Netflix logo in a publicly posted blog that is referencing Netflix?

The post is a strategic analysis of Netflix and it contains a picture of Netflix's logo on the title page, referencing Netflix. The logo is obtained from the internet.

John Kiritsis
John Kiritsis answered on Nov 28, 2020

Hi,

There are two main issues at play here:

1. Even if the law is on your side, it often times may not be economically beneficial to mess around with intellectual property of a behemoth company like the one mentioned.

2. The underlying question, would very likely hinge on...
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1 Answer | Asked in Copyright for New York on
Q: Can I use works of art in a curriculum I am creating that are under the Fair Use Act, not public domain?

This be will available in digital and print form. It will cover all art movements and will include featured artists and certain works of art as reference for the movement and lessons. People will not know what artists are included in the packs when they buy them, just the movement and general... Read more »

John Kiritsis
John Kiritsis answered on Nov 28, 2020

Hi,

Maybe I am reading this wrong or you are mixing up different terms, but how can you have artists that are featured, and yet people will not know them when they buy the packs? Would they know after unpacking them? How would the featured artists be featured? These are just some of the...
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3 Answers | Asked in Copyright, Products Liability and Environmental for New York on
Q: Can you make a anti viral incense

By mixing essential

Tim Akpinar
Tim Akpinar answered on Nov 26, 2020

In terms of offering it to the public, that could involve issues with regulatory agencies beyond the scope of this forum - health and safety, what would it contain, what would it aim to achieve, what are its risks, etc.

In terms of protecting your idea from an intellectual property...
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1 Answer | Asked in Business Law, Copyright and Intellectual Property for New York on
Q: copyright laws for digital magazine

i’m looking to create my own digital magazine. Some of the pages would consist of work from other people and they would be credited of course but i’m just thinking ahead to when I’m ready to monitize the magazine. Currently I would not be paying other people to contribute nor would I charge... Read more »

Allison Higgins
Allison Higgins answered on Nov 23, 2020

Just because you credit an author does not mean you can use their work, even if you are not selling the magazine. This could very easily get you in trouble for copyright ingrinment and get a DMCA notice. You would need to get permission from each author to post their work in your magazine.... Read more »

1 Answer | Asked in Copyright for New York on
Q: Hi! I'm starting a business and have been working on a logo. I found art that I would like to reference for it.

I have contacted the artist and would like to buy ownership of the artwork so that I can alter the image to my liking, patent it, and not have legal issues. How would I go about doing that? Would I even need to contact the artist and buy the design?

Allison Higgins
Allison Higgins answered on Nov 12, 2020

It seems like you are wanting a licensing agreement that allows you to create a derivative work. Also, you would be looking to copyright and/or trademark the final logo, not patent it.

I would definitely recommend contacting an IP lawyer to help draft a licensing agreement as well as help...
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2 Answers | Asked in Copyright for New York on
Q: Can usage of the same illustrator for a book of a similar topic be considered a copyright infringement?

Dear Sir or Madam,

I'm an author of a children's book that was illustrated as "work for hire" by a freelancer. I got contacted by an author of another book who complains that I would be infringing her copyrights because my book has the same illustration style. The story... Read more »

Kathryn Perales
Kathryn Perales answered on Nov 3, 2020

The way you describe it, it sounds like there is no infringement and you have nothing to worry about. Understand, however, two things: there are 2 sides to every story, and this person has the power to sue you and cause you to run up all kinds of expenses and costs, even if they don't... Read more »

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2 Answers | Asked in Copyright, Intellectual Property and Trademark for New York on
Q: Can dapper be registered as a trademark since there currently late code 602 I think. Mine would be Dapper with no period
Floyd Edwin Ivey
Floyd Edwin Ivey answered on Oct 18, 2020

The suggestion is that a TM of "dapper" has expired. the expiration may be an oversight, the mark may still be in use and your use may infringe. Also, is the use of "dapper" with the same or similar goods or services as you propose to use? See an attorney having Trademark Law experience.

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3 Answers | Asked in Copyright, Estate Planning, Intellectual Property and Probate for New York on
Q: If I wanted to publish my dead grandpa's written songs (he had no will), could his children sue me for the rights?

He died 20 years ago, he had no will. He had 3 daughters, including my mother, who are all still alive.

He was a singer/songwriter. Many of his songs were either typed on a typewriter or written in notebooks (only I have access to).

I want to publish his work, but I am afraid that... Read more »

Floyd Edwin Ivey
Floyd Edwin Ivey answered on Oct 16, 2020

His songs were copyright property and, like everything else he had, passes to others by a will or, if no will, by state laws. Someone owns the property including the copyright songs. A granddaughter might have rights however, with a mother(wife?) and children, it is not likely.

Your use...
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2 Answers | Asked in Copyright for New York on
Q: Can you use celebrities as models for photoshopped works?

One of my hobbies is photo editing, and sometimes my ideas involve people. My question is, could I edit/photoshop images of a celebrity I like and post them, or would I need direct permission from them? It would be posted on a social media site, like Instagram, and wouldn’t be sold commercially.... Read more »

Giselle Ayala Mateus
Giselle Ayala Mateus answered on Oct 6, 2020

You need to consider copyright issues considering the authorship of the original photo, that the more transformative a work is the less likely it is infringement under copyright, and that the models may have a cause if action under right of publicity if you don't have permission to use their... Read more »

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2 Answers | Asked in Copyright and Trademark for New York on
Q: My birth name is Tia. My question is how would my name being trademarked effect my ability to use it?

My original birth name is trademarked. How would this effect my ability to use it In business? I would like to use my real name for future Business ideas and brands.

Timothy John Billick
Timothy John Billick answered on Oct 4, 2020

Generally speaking, trademark law does afford you additional flexibility in using your own name for your own business under the "fair use" doctrine. But you should still be mindful of any potential "likelihood of confusion" with the other brand. Also, avoid using your name in... Read more »

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2 Answers | Asked in Contracts, Copyright and Gov & Administrative Law for New York on
Q: Can I create a brand called s.c.u.m or would their be a conflict ?
Giselle Ayala Mateus
Giselle Ayala Mateus answered on Oct 3, 2020

It is important to understand that brand and trademark are different concepts. You can create a brand using that designation, and from a marketing point it might be alright. However, from a legal standpoint it is a best practice to go through a clearance process thinking of trademark and copyright... Read more »

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1 Answer | Asked in Copyright for New York on
Q: Does Person B have a case to make for copyright infringement when the item isn't theirs to begin with?

Person A sells a digital product with a book to Person B that's copyright protected from a company that Person A isn't affiliated with. The payment is done through an online money sending service. Person B then tries to blackmail Person B by saying the product is outdated (when the... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 17, 2020

It would be best if a copyright attorney answered your question, but you await a response for two weeks. In the age of traditional paper textbooks, this issue never really came up - students freely sold their used textbooks all the time without a second thought. But digital teaching materials... Read more »

1 Answer | Asked in Copyright for New York on
Q: Can i use the name buffalo bills in my song without their permission
Tim Akpinar
Tim Akpinar answered on Aug 12, 2020

Maybe you could consider reposting, additionally adding the categories of Intellectual Property and Trademark to your question. There's no guarantee that all posts are picked up, but your question remains open for a week, and it's possible a trademark/IP attorney could identify issues... Read more »

1 Answer | Asked in Copyright and Civil Litigation for New York on
Q: Can I ask a potentially theoretical question relating to a legal battle won by deceit, extortion and manipulation of law

It was a civil case in supreme court and one of the lies was, that they did not receive any services from my firm, but now 10 years later they are using / selling my idea of two product I initially conceived when developing larger project for them which proved to be difficult as they kept revising... Read more »

Bernard Samuel Klosowski
Bernard Samuel Klosowski answered on Aug 12, 2020

Your question is a bit vague - if you're asking whether the causes of action in the original state case can be revisited, the answer is "maybe." It would depend among other things on whether the evidence of the "lies" is new or known at the time of the original case, or... Read more »

1 Answer | Asked in Copyright, Intellectual Property and Internet Law for New York on
Q: Is it legal to screenshot a Getty Images image I have embedded into my website from that website and then post it?

Getty Images has an embed feature where one can embed a photo into their website for free. If I make a private Google Site, embed a photo, and then screenshot that photo (from the Google Site), is it OK to include it in a non-commercial post on Instagram, or do I have to obtain a license for the... Read more »

James D. Williams
James D. Williams answered on Aug 4, 2020

Getty Images is not someone to mess around with. They are incredibly active in copyright infringement suits.

If they give you an embed feature, then they absolutely have terms and conditions on how the license works for that. I can practically guarantee, though will not without actually...
Read more »

1 Answer | Asked in Copyright for New York on
Q: What does this mean?

My permission is given without any representations or warranties as to other consents and permissions that may be required to use the Recording. BOLD agrees to indemnify, defend, and hold me and any affiliated companies, heirs, executors, administrators, and successors harmless from and against... Read more »

Mr. Joshua Q. Mostyn
Mr. Joshua Q. Mostyn answered on Aug 4, 2020

It means the owner (or agent of the owner) of the Recording is granting permission to use the recording, but isn't making any statements other than that there is permission from the owner. BOLD won't get sued by the owner of the Recording for using the Recording (in whatever way the... Read more »

1 Answer | Asked in Copyright for New York on
Q: are gifs of an animated tv show protected under copyright laws?

i make gifs for a tv show that i like and i ask people not to repost them since it takes a lot of effort to make and edit. i understand that doesn't compare to the effort it takes to create the show and that i have no claim to the show. from my understanding, gifs are considered fair use, but... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 5, 2020

First, don't be STUPID, just because you ask someone to not repost or resend your GIF does not put them under any obligation to comply. I don't know where you got your "understanding" about fair use, but what you say does not come within my understanding of "fair use"... Read more »

1 Answer | Asked in Consumer Law, Small Claims and Copyright for New York on
Q: Is "Ain't nobody got time" protected? If I made mugs that had this written on them could I be fined? Sued?

Correction ..."Ain't nobody got time for that"

John B. Hudak
John B. Hudak answered on Jun 12, 2020

Confirming the risk free use of a trademark can take some time and resources for searching—and analysis of what is found.

Trademark rights are obtained when a mark is used to identify the source of goods/services. A trademark search should determine if someone else is using a trademark...
Read more »

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