answered on Apr 5, 2023
You need to conduct a copyright search to determine whether you are potentially infringing on Sinclair’s IP. You should also run a trademark knockout search to see whether your dinosaur is a registered or common law brand, or resembles one closely enough to create a “likelihood of confusion”... Read more »
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 6, 2023
Using sauropod images for educational purposes in a small business or non-profit organization is generally allowed under fair use principles. However, if the sauropod image you plan to use is substantially similar to an image owned by Sinclair or another entity, you may be at risk of infringing on... Read more »
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 29, 2023
Yes, you can publish public domain lyrics as a children's book and make money from it. Public domain works are not protected by copyright, which means that they are free to use and adapt for commercial purposes. However, it's important to ensure that the lyrics you are using are indeed in... Read more »
I paid the artist for my caricature, and (because I have a sense of humor) I later decided to use it in my online marketing materials. Do I need his permission? And since he signed the work, must I include his signature when using the work?
answered on Mar 15, 2023
Because you paid the artist, it is a "work for hire" and owned by you. If you are using the work for commercial purposes, it would be prudent to register the copyright in the work and in the application you will identify the artist as having created the work for you.
You have no... Read more »
I paid the artist for my caricature, and (because I have a sense of humor) I later decided to use it in my online marketing materials. Do I need his permission? And since he signed the work, must I include his signature when using the work?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 29, 2023
When you paid the "boardwalk artist" for your caricature, you purchased a physical copy of the artwork, but it does not necessarily mean that you own the copyright to the image. The copyright is owned by the artist, unless they transfer the rights to you in writing.
If you want to... Read more »
A colleague (musician-turned-lawyer) and I have written a musical piece together. Can he himself represent the music legally and handle the copyright registration? He would also have to be the legal third-party regarding the publishing company. It seems to me this would all present a conflict of... Read more »
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 10, 2023
It is possible for your colleague, as a lawyer and co-creator of the musical piece, to represent the music legally and handle the copyright registration. However, there could be potential conflicts of interest depending on the specific circumstances of your situation. It is important to discuss any... Read more »
A colleague (musician-turned-lawyer) and I have written a musical piece together. Can he himself represent the music legally and handle the copyright registration? He would also have to be the legal third-party regarding the publishing company. It seems to me this would all present a conflict of... Read more »
answered on Mar 10, 2023
If you and him are business partners, one may thing that their interests are aligned. However, it may not be the case for ever. It is a good practice to have independent counsel. Thereafter, you can make an informed decision as to who should be in charge of the legal aspects of the registration of... Read more »
My name for free and has refused to pay for the book and it content they are selling online as a collectible against my will and knowledge. I would like to file a suit against this company for millions of dollars since 2017 to this writing I have not been given a dime for my work, beside $100 for... Read more »
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 11, 2023
To seek legal action against the publishing company, you should consider hiring a lawyer who specializes in intellectual property law. The lawyer can review your contract with the publishing company and determine if there are any breaches of contract or infringement of your intellectual property... Read more »
My name for free and has refused to pay for the book and it content they are selling online as a collectible against my will and knowledge. I would like to file a suit against this company for millions of dollars since 2017 to this writing I have not been given a dime for my work, beside $100 for... Read more »
answered on Mar 8, 2023
This may be something that a copyright/intellectual property attorney would have insight into. You could repost and add Copyright and Intellectual Property as categories. Not all questions are picked up on this forum, but you might increase chances for a response by adding those headings. Good luck
He asked me to send it to him
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 25, 2023
It's unlikely that your coworker could sue you for taking a picture of him using an app, as long as you had his consent to take the picture. However, if he did not give his consent and you took the picture in a place where he had a reasonable expectation of privacy, he may have a case for... Read more »
Are we allowed to use one line phrases, pictures or anything to do with show, how do I find out if something is copyright and if it is how do I legally get rights. I want to do things the correct way
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 25, 2023
As a vendor at a Vampire Diaries convention, you need to be aware of the copyright laws surrounding the show and its associated intellectual property. Using copyrighted material without permission can lead to legal issues, including potential lawsuits.
To find out if something is... Read more »
The event in question took place a couple of decades ago. Some of the main people involved are dead and some are alive. It's a relatively well known/publicized event, though not everyone's involvement is super well known its all easily available in news articles. I want to know about... Read more »
answered on Feb 3, 2023
Aside from intellectual property issues, there can be tort law issues. Diligent publishers will review certain manuscripts to ensure that a book does not open the door to allegations of libel, the act of defaming (causing damage to dignitary interests) a person in written form. Good luck
The event in question took place a couple of decades ago. Some of the main people involved are dead and some are alive. It's a relatively well known/publicized event, though not everyone's involvement is super well known its all easily available in news articles. I want to know about... Read more »
answered on Feb 3, 2023
You potentially have to contend with the New York Civil Rights Law §§ 50 and 51, New York’s “Right of Privacy” law, which prohibit the use “for advertising purposes, or for the purposes of trade” of the name, portrait or picture of any living person without obtaining his or her prior... Read more »
A customer asked me to plant ten trees in her yard. My worker planted the wrong kind of trees. The customer saw it after the third tree but remained silent. After planting all the trees, she demanded to get rid of the wrong trees and plant the right ones at a 25% discount. Another offer she had is... Read more »
answered on Jan 23, 2023
Ah…the case of the wrong trees. I saw your questions on Avvo. You will have to contact a lawyer to evaluate your rights. Depending on the application of the UCC and the terms of your written contract, if any, you may or may not have several options available to you.
A customer asked me to plant ten trees in her yard. My worker planted the wrong kind of trees. The customer saw it after the third tree but remained silent. After planting all the trees, she demanded to get rid of the wrong trees and plant the right ones at a 25% discount. Another offer she had is... Read more »
answered on Jan 22, 2023
You should speak to a lawyer because ALL details and fine points matter for a correct analysis. Generally, the parties are bound by the terms of the agreement. If the customer wants to modify (renegotiate) the agreement it can be done only per the terms of the agreement and with the other... Read more »
Creating a YouTube channel in tourism for Latin Americans visiting USA. Would like to use the nickname Captain America
answered on Jan 20, 2023
You will have to research whether the current owner of the Captain America trademark owns the rights in similar service or product classes to your proposed use to promote tourism. Whether you will be sued for infringement will then depend on whether your uses interfere with the rights owner in... Read more »
Does the attribution to the original comedian overcome copyright? And, would the answer be different if the videos were free to the public versus being included in a fee based subscription?
answered on Jan 20, 2023
No, attribution is not a defense to copyright infringement. Fair use might be a defense. Section 107 of the U.S. Copyright Act provides for certain cases where permission from the rights holder is not required. Courts assess whether the "fair use" defense applies based on four factors:... Read more »
If I have uploaded a design on a file-sharing website under a Creative Commons non-commercial license, and somebody uses it uncredited for a commercial purpose. If the site refuses to take it down, what recourse do I have?
answered on Jan 17, 2023
If your copyright is unregistered, you can only file a lawsuit where you will have to prove damages such as lost profits. The better move is to register your copyright with the USPTO. Then you will have access to statutory damages (only requiring proof of infringement) of anywhere between 750 and... Read more »
Selling my cookie I invented in stores without paying me. They also didn’t let me name it and are asking customers online to compete in naming the cookie and winner gets creator rights on the cookie. I was basically thrown to the side after I made them a delicious cookie they liked and they... Read more »
answered on Jan 2, 2023
By itself, a recipe is not protected by copyright law because it is only a list of ingredients. See U.S. Copyright Office, Circular 33, Works Not Protected By Copyright.
However, a recipe embedded in detailed instructions on how to combine the ingredients, especially when written in your... Read more »
na
answered on Dec 18, 2022
If you were an independent contractor as opposed to an employee, the work for hire doctrine wouldn’t apply absent a signed writing to that effect executed by both parties to the contract. However, whether you would be considered an “employee” for the purposes of copyright law is not as simple... Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
