New York Copyright Questions & Answers

Q: I have an idea for a Credit Card product that will solve a number of problems for Banks & Card Issuers. Can I patent it?

4 Answers | Asked in Copyright, Intellectual Property, Patents (Intellectual Property) and Banking for New York on
Answered on Mar 21, 2019
Ahaji Kirk Amos' answer
I can't tell you that you can patent your invention. You can patent an invention that is patentable subject matter. It must be new, non-obvious and you must be the first to apply for a patent on the invention. You don't need a prototype so long as the invention is fully developed/designed.

Q: Hi, I have a clothing design, similar to a pattern that I was wondering if I should get trademarked . Is that possible?

1 Answer | Asked in Copyright and Trademark for New York on
Answered on Mar 19, 2019
Marcos Garciaacosta's answer
Most likely both

depending on what it is and the objective of the patterns and design

Think Louis Vuitton, where the pattern is used as a trademark, but it is also a design copyright, protection

make an appointment to understand your options

Q: Hello, how much would cost me to file anti cancer drug ?

2 Answers | Asked in Copyright and Patents (Intellectual Property) for New York on
Answered on Feb 5, 2019
Peter D. Mlynek's answer
To file a patent in the US will cost you $730, regardless of what the subject matter is.

How much will it cost you to get patent protection for an anti-cancer drug is a totally different question. As you know, cancer is the number 2 killer of people in most of the world, and will be #1 within a few years as we successfully battle heart disease. Cancer costs the society about $80 B / year in the US alone. Given that an anti-cancer drug may make you $10K to $100K per year per patient...

Q: Can an artist draw a picture from said photograph as in for a coloring book ? Is that still copywriter infringement?

1 Answer | Asked in Copyright and Intellectual Property for New York on
Answered on Feb 4, 2019
Ali Shahrestani, Esq.'s answer
If your drawing is a near or exact copy of another's art work, that sounds like copyright infringement. There are a few defenses: https://www.lib.purdue.edu/uco/CopyrightBasics/exceptions.html

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website,...

Q: How would I go about finding out what exactly is trademarked for Game of Thrones, or ask permission to use it?

2 Answers | Asked in Copyright and Trademark for New York on
Answered on Jan 31, 2019
Jason Brooks' answer
I would start with HBO's licensing & retail department. A Google search should point you in the right direction. My firm handles these kinds of deals regularly - if you would like assistance, feel free to email me at: Jason@altviewlawgroup.com

Q: Is it copyright infringement in 2018 for photo posted in 2014 if copyright wasn't filed until 2018?

2 Answers | Asked in Copyright for New York on
Answered on Jan 28, 2019
Jason Brooks' answer
A copyright is established the moment the work is produced in a tangible form (i.e. once the photo is created). So if you have exploited someone else's picture without authorization, you have committed copyright infringement. By registering a work for copyright with the US Copyright Office, an owner is not required to prove "actual damages" suffered by the infringement, which must be proven in court and can be very difficult to establish. Instead, by registering for Copyright, an owner has a...

Q: Looking for a pro bono lawyer to assist me with patent questions regarding an algorithm and technology we are building.

1 Answer | Asked in Copyright and Patents (Intellectual Property) for New York on
Answered on Jan 22, 2019
Peter D. Mlynek's answer
I am sorry, but you are going to have a tough time finding someone good to do pro bono work in patent law. Unless you are a church, a non-profit group, or some charitable organization, pro bono patent work is pretty much non-existent. The reason is that unlike in criminal law, patents are a business tool designed to make money -- if you are not willing to invest your money in order to get advice to make you money, why should the lawyer?

If you want free advice, then most patent...

Q: Want to get the rights to use music from an old TV show in a short film I am making. I believe it's owned by CBS.

1 Answer | Asked in Copyright, Entertainment / Sports, Intellectual Property and Trademark for New York on
Answered on Jan 2, 2019
Ali Shahrestani, Esq.'s answer
See my reply to your same question posted in the CA section of this forum. A license from the copyright owner would be required if you don't qualify under the "Fair Use" exceptions. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I...

Q: Is it legal to consult a textbook when writing a script for a monetized YouTube video?

1 Answer | Asked in Copyright and Intellectual Property for New York on
Answered on Sep 18, 2018
Peter D. Mlynek's answer
It is OK. Based on what you wrote, there should be no problem.

Q: I would like to trademark and copywrite my patches how do I do that

1 Answer | Asked in Copyright, Intellectual Property and Trademark for New York on
Answered on Sep 4, 2018
Peter D. Mlynek's answer
If you are talking about software patches, where you are making changes to a computer program designed to update, fix bugs, or improve it, then you need to take a look at the contract that you've signed with the software provider just exactly who gets to own the IP rights.

If you are talking about embroidered patches designed to be applied to clothing, then you may be able to trademark these. You should be careful that your patches do not infringe on patches of other people, entities,...

Q: Using Magazine and Newspaper covers on my website.

1 Answer | Asked in Consumer Law, Copyright, Communications Law and Intellectual Property for New York on
Answered on Aug 13, 2018
Michael David Siegel's answer
You cannot do it. The logos and designs of newspapers are copyrighted.

Q: What are the legal steps to start a brand for and copyright the creative works of an artist?

1 Answer | Asked in Copyright, Business Formation, Business Law and Intellectual Property for New York on
Answered on Jul 1, 2018
John Espinosa's answer
It sounds like you are currently operating as a sole proprietor, where there is no legal separation between you and your business. Your first step might be to form a separate legal entity, such as a single member LLC, with its own tax ID number and bank account for all of your business activities as an artist. Then copyright everything you can. You probably will not be able to get trademark protection for your own name though.

Q: Do you think it is safe to file a Counter Notification against someone who filed a false DMCA Takedown on A Youtube Vid?

1 Answer | Asked in Copyright for New York on
Answered on Jun 26, 2018
Benton R Patterson III's answer
You could have an attorney file the counter notice for you if you are concerned about distributing your contact information.

Q: Do I have copyright on a poster that I designed with a CC0 photo and a quote from someone who died 100+years ago?

1 Answer | Asked in Copyright for New York on
Answered on Jun 18, 2018
Benton R Patterson III's answer
Yes, but only to the extent of your contribution. You cannot claim copyright over what to took from someone else. But, you have a copyright in the assembled design you created.

Q: Is it okay to use a quote for commercial use if it's on the internet but not published in anything?

1 Answer | Asked in Copyright for New York on
Answered on May 27, 2018
John Espinosa's answer
No, not without the pernission of the copyright holder. You have the name of the author, contact them or their estate if they are deceased to get permission to use the quote commercially. Understand that a work does not have to be published to be protected by copyright; being on the internet is enough: https://www.copyright.gov/help/faq/faq-general.html

Q: Is it a copyright infringement if I have a license for an image on freepik.com and I make a similar image to sell?

1 Answer | Asked in Copyright for New York on
Answered on May 27, 2018
John Espinosa's answer
Read this about derivative works: https://www.copyright.gov/circs/circ14.pdf

Q: Is it possible to use fictional characters from tv shows in music under transformative usage?

1 Answer | Asked in Copyright and Entertainment / Sports for New York on
Answered on May 14, 2018
Benton R Patterson III's answer
In theory, yes it is possible. An attorney would need to know more about the work to give an opinion on whether the particular use is transformative.

Q: I want to create and sell an illustrated map of various places - what am I allowed to include on the map?

1 Answer | Asked in Business Law, Copyright and Trademark for New York on
Answered on May 11, 2018
Aubrey Claudius Galloway's answer
Because it is public information you can probably use all of it, you can definitely use all of it if you are not selling the map or distributing it, and likely even if you are. I would check with each organization or rather have your attorney check, If you were going to paint them in some sort of negative light, but otherwise you are likely good to go because they cannot complain about positive solicited if you were going to paint them in some sort of negative light, but otherwise you are...

Q: Can you use a similiar name ?for example: YelpMy website name: Melp, different layout and different features.

1 Answer | Asked in Copyright and Trademark for New York on
Answered on May 11, 2018
Aubrey Claudius Galloway's answer
Yes you can. Even if it is a satirical take on yelp, that goes to your advantage according to the caselaw. You should have no problems. If you have any questions navigating this I can offer a free phone consultation and can be reached at 914-912-1555. Best. Yes you can. Even if it is a satirical take on yelp, that goes to your advantage according to the caselaw. You should have no problems. If you have any questions navigating this I can offer a free phone consultation and can be reached at...

Q: If I'm a part of an event group can a person leave the group and take one of the events name and use it by rewording it

1 Answer | Asked in Copyright for New York on
Answered on May 9, 2018
John Espinosa's answer
You can try. This resource may apply depending on the structure of the group and this person's role: https://www.copyright.gov/circs/circ30.pdf

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