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New York Copyright Questions & Answers
1 Answer | Asked in Contracts, Copyright and Business Formation for New York on
Q: Chain of title concern for film under LLC

thank you

Michael David Siegel
Michael David Siegel answered on Oct 28, 2019

Why not just change the membership of the LLC to you?

1 Answer | Asked in Copyright and Business Law for New York on
Q: Qmatic and qless seemed to have same type of patent on virtual queue ? How are they different?
Marcos Garciaacosta
Marcos Garciaacosta answered on Oct 8, 2019

You need to review the patents or publications and analyze them.

Make an appointment for a consultation as it will require access to the patent documents, review and provide an opinion.

You may also need to get an expert opinion, from somebody specialized in the field or with these...
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1 Answer | Asked in Copyright for New York on
Q: I got a software copyright infringement notice for a company that i am not a member of any more, what should i do?

I got a letter to my personal address from a company i dont know of for a software copyright infringement claim (a software i do not use to know of), with a quote attached. It was for a company i used to be a partner of 2 years ago but no longer am and have no part of their affiars. What would be... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Oct 8, 2019

You can try talking to them and explaining the situation.

Maybe a mistake.

If it is not a valid invoice you can tell them that. And if they keep harassing you you can try to get legal counsel or use your state attorney general.

marcos.e.garciaacosta@gmail.com...
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1 Answer | Asked in Copyright and Trademark for New York on
Q: Can I use a word that is part of a trademarked phrase for my artist name when I release music?

The word is (Lyoko) and is part of the trademarked phrase "Code Lyoko". The trademark for Code Lyoko does not include music production or releases, so does this mean I would be okay because it's a different industry?

John Martin Hilla
John Martin Hilla answered on Jul 29, 2019

Your best bet is to come up with a name or brand this is totally unique and original. However, you should discuss your proposed trademark with a knowledgeable trademark attorney.

Most trademark attorneys practice nationally, so you should feel free to discuss your artist name with an...
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1 Answer | Asked in Copyright and Intellectual Property for New York on
Q: Copyright laws in NY- replicating photos in paintings

I would like to start giving art classes to amateur students. This would involve them producing a painting, using a picture as a guide. What are the legal parameters surrounding the pictures I can provide, from which they will copy? Is it a problem to have them print pictures from the internet or... Read more »

Charles Oliver Wolff
Charles Oliver Wolff answered on Jul 22, 2019

For personal use, not an issue, but if they are displayed publicly, like in a product label, periodical or on a website, there are potential problems, especially if the photo contains the likeness of a person without their permission. It gets tricky. Why not take some phots yourself. thereby giving... Read more »

1 Answer | Asked in Copyright, Intellectual Property and Trademark for New York on
Q: Am I infringing on trademarks, or copyright?

I want to sell a wooden box that is similar to a competitor. It will be pretty built pretty much the same as the competitors. (the box has a base connected to it I want to use in mine). I will use different card designs, stain color, wood, and metal label.

I was told the appearance of a... Read more »

Sean Erin Serraguard
Sean Erin Serraguard answered on Apr 23, 2019

The appearance of a product can be a type of "mark" called a trade dress. Trade dress is concerned with the promotional aspects, or image, of a product or service that makes the presentation of the product or service distinctive. Trade dress does not apply to any aspect that is purely functional.... Read more »

4 Answers | Asked in Copyright, Intellectual Property, Patents (Intellectual Property) and Banking for New York on
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?

I cannot 'deploy' the invention, of course, since I cannot issue credit cards. The idea is specific to how card fees are charged. How can I protect it.

Ahaji Kirk Amos
Ahaji Kirk Amos answered on Mar 21, 2019

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.

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1 Answer | Asked in Copyright and Trademark for New York on
Q: Hi, I have a clothing design, similar to a pattern that I was wondering if I should get trademarked . Is that possible?

Or should it be under a copyright. It is for a clothing line.

Marcos Garciaacosta
Marcos Garciaacosta answered on Mar 19, 2019

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

2 Answers | Asked in Copyright and Patents (Intellectual Property) for New York on
Q: Hello, how much would cost me to file anti cancer drug ?

we have anti cancer drug. we would like to file ?how much would it cost including hiring lawer ?

Peter D. Mlynek
Peter D. Mlynek answered on Feb 5, 2019

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...
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1 Answer | Asked in Copyright and Intellectual Property for New York on
Q: Can an artist draw a picture from said photograph as in for a coloring book ? Is that still copywriter infringement?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 4, 2019

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...
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2 Answers | Asked in Copyright and Trademark for New York on
Q: How would I go about finding out what exactly is trademarked for Game of Thrones, or ask permission to use it?

I am looking to open a Game of Thrones pop up bar in NYC. I would like to be able to have it be a Game of Thrones bar, versus a Game of Thrones inspired bar because of the trademarking.

Jason Brooks
Jason Brooks answered on Jan 31, 2019

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

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2 Answers | Asked in Copyright for New York on
Q: Is it copyright infringement in 2018 for photo posted in 2014 if copyright wasn't filed until 2018?

Can a photographer claim copyright infringement and sue for damages on photos posted to a hobby website in 2014 with clear credit and links given back to the photographers website and Instagram account when the copyright was not filed until 2018 for said photos?

Jason Brooks
Jason Brooks answered on Jan 28, 2019

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... Read more »

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1 Answer | Asked in Copyright and Patents (Intellectual Property) for New York on
Q: Looking for a pro bono lawyer to assist me with patent questions regarding an algorithm and technology we are building.
Peter D. Mlynek
Peter D. Mlynek answered on Jan 22, 2019

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... Read more »

1 Answer | Asked in Copyright, Entertainment / Sports, Intellectual Property and Trademark for New York on
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.

The music is from two 1961 episodes of The Twilight Zone that were scored by composer Jerry Goldsmith. How would I go about getting the rights to use that music in a short film I am working on? Would this even be possible? Any idea of what it would cost? Thanks!

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jan 2, 2019

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... Read more »

1 Answer | Asked in Copyright and Intellectual Property for New York on
Q: Is it legal to consult a textbook when writing a script for a monetized YouTube video?

I am planning to start a YouTube channel with videos that teach English grammar. I write all my scripts myself, but I occasionally consult an English grammar textbook to make sure my videos have no false information. I also use it to look up lists of words to use in my videos, such as common... Read more »

Peter D. Mlynek
Peter D. Mlynek answered on Sep 18, 2018

It is OK. Based on what you wrote, there should be no problem.

1 Answer | Asked in Copyright, Intellectual Property and Trademark for New York on
Q: I would like to trademark and copywrite my patches how do I do that
Peter D. Mlynek
Peter D. Mlynek answered on Sep 4, 2018

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...
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1 Answer | Asked in Consumer Law, Copyright, Communications Law and Intellectual Property for New York on
Q: Using Magazine and Newspaper covers on my website.

Hello! I was wondering if it would be fair use to include magazine and newspapers covers along with their logos in a "Print Advertising" section of an Ad agency's website? The covers will be placed in magazine and newspaper mockups in a digitally made-belief home setting next to other props and... Read more »

Michael David Siegel
Michael David Siegel answered on Aug 13, 2018

You cannot do it. The logos and designs of newspapers are copyrighted.

1 Answer | Asked in Copyright, Business Formation, Business Law and Intellectual Property for New York on
Q: What are the legal steps to start a brand for and copyright the creative works of an artist?

I am an artist. I create paintings, I do customizations, and also design merchandise and apparel related to my art. I want all of these entities of my work to operate under one brand, named after myself, as subsidiaries.

John Espinosa
John Espinosa answered on Jul 1, 2018

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... Read more »

1 Answer | Asked in Copyright for New York on
Q: Do you think it is safe to file a Counter Notification against someone who filed a false DMCA Takedown on A Youtube Vid?

Someone filed a false DMCA Copyright Takedown against one of my videos and is asking for 1000$ to remove it. How should I approach this situation. I am sure they will blackmail me more if I were to give them my personal information such as: Physical Address, Name, And Phone Number, if I try to... Read more »

Benton R Patterson III
Benton R Patterson III answered on Jun 26, 2018

You could have an attorney file the counter notice for you if you are concerned about distributing your contact information.

1 Answer | Asked in Copyright for New York on
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?

I used a circle crop and specialized fonts.

Benton R Patterson III
Benton R Patterson III answered on Jun 18, 2018

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.

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