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New York Copyright Questions & Answers
1 Answer | Asked in Copyright for New York on
Q: I have found a PDF copy of the a book I want to use for my class on the web. Can I post this PDF for the students?

The publisher of this edition was shut down in 2018, and W.W. Norton only has the 5th edition, which is not available as an e-book that the students can obtain for free. Are there any legal issues in giving the students that file? I think the students were actually directed to that link anyways, so... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Aug 18, 2021

Yes, it is infrigement.

Consult with an attorney

You may want to approach the publisher and ask for a license

1 Answer | Asked in Copyright for New York on
Q: Hi. How to prove that I posted online my musick 2 months before other person used it under her name?

I crerated melody and posted it on instagram under my name. How I can save information about it was posted? I think it can be hacked or deleted by other way. So I need fast decision. Thank you.

Tim Akpinar
Tim Akpinar answered on Aug 14, 2021

The copyright attorneys here would have the best insight into your matter, but your question remains open for three weeks. The issue you're asking about might even be a non-intellectual property issue simply involving digital upload logs the public at large is familiar with. If the website to... Read more »

1 Answer | Asked in Consumer Law, Contracts and Copyright for New York on
Q: I have a clothing line with ideas of using thunder cats as one of my themes. Looking for permission to use.

Wanna use characters etc for different t shirt designs

Tim Akpinar
Tim Akpinar answered on Aug 7, 2021

Your question remains open for a week. You chose good categories to post under. You could additionally add "Trademarks" as a category. There's no guarantee that every post here is picked up, but there might be improved chances of a response with that additional category included.... Read more »

1 Answer | Asked in Copyright and Internet Law for New York on
Q: Are rewritten articles legal?

It is widely known, that it is illegal, to copy articles 1: 1 from Websites and then publish them under your own name on your blog.

However, what about rewritten articles? To what extent do articles have to be rewritten in order to be safe with the copyrights laws?

Marcos Garciaacosta
Marcos Garciaacosta answered on Jul 25, 2021

Depends. You need to consult with an attorney.

You can write about the same topics, but the words and order, the creation itself, needs to be unique, in order to be safe.

1 Answer | Asked in Copyright, Entertainment / Sports and Intellectual Property for New York on
Q: Can I use the name of a fictional city from a movie in my book?

The name used in the movie is “Koriko” while I’ll use “Corico City”. The cities won’t be similar in any way. I wanted to use the name to pay homage to the movie, but am worried about copyright infringement. Thank you!

Marcos Garciaacosta
Marcos Garciaacosta answered on Jul 12, 2021

Maybe.

Consult with an attorney to search for use of the name and whether there is any registration.

Best luck!

1 Answer | Asked in Copyright for New York on
Q: what does the contract for the transfer of copyright for a song look like, bit?
Marcos Garciaacosta
Marcos Garciaacosta answered on Jul 5, 2021

It depends on the scope of the rights.

Contact an attorney to understand your needs and options.

1 Answer | Asked in Copyright for New York on
Q: Who holds the copyright for material published on a blog?

Hi. If I write an article for a blog, who holds the copyright to the work, the author or the publisher? I am writing without payment or signed agreement and I am credited as the writer. The blog is supported by paid advertising if that matters. Do I, as the writer, have the right to publish the... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Jun 22, 2021

You are the owner

Unless you are giving the rights to somebody else

Consult with an attorney

2 Answers | Asked in Copyright and Trademark for New York on
Q: Hello we Have israely brand name sabon michal ( the soap of michal) can i use the word SABON? Sabon in hebrow its soap
Evelyn Suero
Evelyn Suero answered on Jun 15, 2021

Generally speaking, it is permitted to use a foreign word as part of your trademark. However, whether a trademark can legally be used depends on several factors including whether the trademark is not confusingly similar to another trademark that is in use for the same or related goods or services.... Read more »

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1 Answer | Asked in Contracts and Copyright for New York on
Q: Game designer stuck in a bad contract with a scammer who refuses to produce my games.

My contract stipulates that he has the rights to two of my games, and my next few. I've given him the games I'm required to, and he is optioning them (they will never be produced). The second game he has rights to is for a vague idea for a game that was never finished (he never provided... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on May 31, 2021

You need to consult with an attorney to review your contract to understand your risks and options.

1 Answer | Asked in Copyright and Intellectual Property for New York on
Q: I purchased an original Kodachrome slide at auction. Do I now have the right to reproduce the image for commercial gain?

The image on the transparency/slide appears to be one that was NOT selected for publishing by the original photographer. The slide that I own (Slide A) depicts the first picture in a sequence of at least two images taken a few seconds apart. Slide B (the second image in the sequence) was published... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 23, 2021

Very interesting situation you have here

You will definitely need an attorney to navigate these waters

Many questions come up.

Is it the only original?

where other copies made?

under what agreement do the owners of copies of the material got it?

what...
Read more »

2 Answers | Asked in Contracts and Copyright for New York on
Q: I own a company in this same exact spelling and everything. Any advice ?

My company in the same name and same tax class, created prior to the date of this trademark filing. What do I do ?

Marcos Garciaacosta
Marcos Garciaacosta answered on Feb 7, 2021

Consult an attorney

Depending on the facts of your case, you may have some established rights.

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1 Answer | Asked in Copyright for New York on
Q: Hello there. I’m opening a restaurant and was gonna use the DBA name as Pan Am. I know the airline is trade marked.

Will I get in trouble using the name as a restaurant?

Giselle Ayala Mateus
Giselle Ayala Mateus answered on Jan 29, 2021

I general terms when two business of different industries have the same name this is not a problem if they as so different that consumers will not misleaded. That said, in the world of trademarks the airline could do two things if it discover that another business is using its name. It could send a... Read more »

1 Answer | Asked in Copyright and Trademark for New York on
Q: Can I register this brand for clothing .?

I want to register this brand for clothing and accessories and I would like to know if it's possible and what is the cost

Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 26, 2021

You need to consult an attorney so he can do a thorough search for you

2 Answers | Asked in Copyright, Intellectual Property and Trademark for New York on
Q: Can I use the word capricorn on a hoodie and not get sued?
Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 26, 2020

Depends on whether somebody else is using and in what context

Consult with an attorney

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2 Answers | Asked in Copyright for New York on
Q: How much would it cost to buy the Brown Hornet trademark?
Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 20, 2020

You do not buy a trademark unless you are buying from somebody who is the owner.

IF it is not owned by somebody you need to file for registration.

Consult with an attorney for your options and risks.

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1 Answer | Asked in Copyright, Entertainment / Sports and Trademark for New York on
Q: An established comedian made a web series with a name I've been using to DJ for years. Do I need to change it?

I've been operating as a DJ under a certain name since 2016. I'm small-time, but have been paid to perform and have social media profiles registered under my performance name that have been in use since 2016, although I have never registered a trademark or anything.

Today, I found... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 8, 2020

Depends on how long you have been using it and if they started using it before you or after.

You may have common law rights.

You should contact an attorney to understand your rights better.

At best you could continue using the name unless they contact you in which case you...
Read more »

2 Answers | Asked in Copyright for New York on
Q: I need to get copyright permission for a t-shirt made with janis joplin's photo?
Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 8, 2020

yes.

You would need the photographer's permission and her permission in order to stay out of trouble.

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4 Answers | Asked in Trademark, Copyright, Business Formation and Intellectual Property for New York on
Q: Broke dad trying to help broke college daughter file for a trademark

My daughter is an artist, photographer, craftswoman, woodworker and a very creative person. She has been selling by word of mouth. She creates and re-purposes many different items putting her flair on them and is attempting to build a brand. She came up with a "company" name and wants to... Read more »

Steve Charles Vondran
Steve Charles Vondran answered on Dec 4, 2020

I have a video on this that many thousands have enjoyed. See you at the top! Attorney Steve®

https://youtu.be/8gSE59gC94c

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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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