Get free answers to your Copyright legal questions from lawyers in your area.
I am writing an adaptation of the novel Dracula, altering characters' roles and personalities. My character, Dr. Murray, shares similarities with Dr. Seward from the 1931 Dracula film in occupation and fatherhood of Mina, but I have not copied dialogue, plot, or storyline. I understand the... View More 
answered on May 9, 2025
You could use a character like Dr. Murray, who is inspired by Dr. Seward from the nineteen thirty-one film adaptation of Dracula, as long as your book is published after the film enters the public domain. Once the film is in the public domain, you might be able to draw from its specific... View More
I discovered after the death of my ex-romantic and art partner that much of his artwork was based on my photography and social media posts. I want to publish his art alongside the references he used, but I am concerned about the legality of including certain images.
Some of the photographs... View More
answered on Apr 7, 2025
1. Using Referenced Images for Commentary or Analysis
Including the original reference images alongside your ex-partner’s artwork for the purpose of commentary, critique, or scholarship can potentially fall under Fair Use, especially if:
The inclusion transforms the original... View More
I discovered after the death of my ex-romantic and art partner that much of his artwork was based on my photography and social media posts. I want to publish his art alongside the references he used, but I am concerned about the legality of including certain images.
Some of the photographs... View More
answered on Apr 7, 2025
That's a great question, and I think that you should be on pretty safe ground because your use is transformative: it is designed to shine a light into your partner's creative process, which is quite different from the original purposes for which the reference images were created. I would... View More
If I write a song and do not copyright it or publish it, then someone writes the same song or steals my song and copyrights it, can I still copyright my song and sue the person?
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answered on Dec 27, 2024
You would need to have evidence that you are the author of the song and make a claim of copyright infringement. If it is the same song that has already been registered, this would be the correct course of action to seek primary relief.
You can still try to register your song at the US... View More
I have a small business where I sell handmade bracelets. It has come to my attention that
SHEIN used to of my photos.
answered on Dec 19, 2024
I assume that your images are on Shein's website.
So long as you own your images (it wasn't a Shein photograph), they are using and they are using your image without your permission, especially in the case that they are using it for profitable purposes, there are two "causes... View More
So, say, someone has made a game and for it created a bunch of 3D models that are direct copies of copyrgihted content from different IP's. They are 100% breaking the law, this is out of the question.
What if I get access to those models? Can I use them without the creator permission?... View More
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answered on Oct 13, 2024
In the Second Circuit (where New York State sits) if you get access to the models and use them, the first consideration is if the models are in fact original expressions of an idea (not the idea itself) and are considered copyrightable. If you are right in your question, and the models do... View More
So, say, someone has made a game and for it created a bunch of 3D models that are direct copies of copyrgihted content from different IP's. They are 100% breaking the law, this is out of the question.
What if I get access to those models? Can I use them without the creator permission?... View More
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answered on Oct 10, 2024
Sorry, it's not that simple. At least under the Second Circuit, which is where New York sits, infringing derivative works can also be independently worthy of copyright. "Our Court concluded that Eden could state a cause of action for infringement of its own derivative works and licensed... View More
answered on Jul 25, 2024
Based on the information provided and general legal principles regarding the use of a public figure's image, here's an analysis of selling T-shirts with images of President Donald Trump:
Right of Publicity:
Public figures like former presidents have a right of publicity,... View More
answered on Aug 10, 2024
Selling T-shirts with images of President Donald Trump in the U.S. involves several legal considerations, primarily related to trademark and copyright law. Here are some important points to consider:
1. **Public Figures and First Amendment Rights**: In the U.S., using images of public... View More
The picture has now been used as a city mural project, this was not known to me at the time of taking the picture. It happened over a year ago. But the mural was completed in the last two weeks. The artist contact me after a friend had notice they saw my face on a building and ask the artist if he... View More
answered on Jul 25, 2024
Based on the situation you've described, there are several legal and ethical considerations to address regarding the use of your image in a public mural without your prior consent. Here's an analysis of your rights and potential courses of action:
Right of Publicity:
In... View More
If not, can I use a hand-drawn silhouette of his face?
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answered on Jun 19, 2024
There are a few potential copyright and trademark issues to consider here:
The "Make America Great Again" slogan was trademarked by Donald Trump for use in his political campaigns. Using it on yard signs without permission could be considered trademark infringement.
A... View More
Hello. Thank you for your time. I want to make a puzzle with New York on it. This map will consist of a large number of objects and landscape elements, and will also include famous architectural structures, such as: Empire State Building, Chrysler building, One World Trade Center, Rockefeller... View More
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answered on May 15, 2024
Creating a 3D map of New York City that includes famous architectural structures may potentially raise some intellectual property concerns, especially if the buildings are depicted in a realistic manner. However, the specific implications would depend on various factors and the laws of the... View More
I'm working with a wallpaper company who wants to make wallpaper from my artwork. For one piece, they want to remove the colored background and keep the original image that I created in the foreground. For another piece, they want to keep the actual drawing but just change the color lines that... View More
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answered on May 3, 2024
The changes you've described - removing the colored background from one artwork and changing the color of the lines in another - would generally be considered derivative works under copyright law.
A derivative work is a new creative work that includes aspects of a preexisting,... View More
I have some nonmonetary videos on YouTube and they're like slideshows of pictures of me. In some of them I'm at my boyfriend's parents old house. I took the pictures and they're just of me no one else but the background is inside one of the rooms of his parents old house. In the... View More
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answered on Mar 30, 2024
Based on the information provided, it is unlikely that your ex-boyfriend or his parents would have a valid basis for a copyright claim on your videos. Here's why:
1. Copyright protects original works of authorship, such as photographs, videos, and other creative content. In this case,... View More
I am creating word search books for the American market and was wondering if it is ok to use the names of famous people, such as authors and actors, or the names of games, such as Monopoly in my word lists. They would be factual and not portray anyone/thing in an unfavourable light. The words would... View More
answered on Mar 29, 2024
When considering including the names of famous individuals or games in word search books for the American market, it's essential to navigate copyright and trademark laws cautiously. While individual names typically aren't protected by copyright, using them in a commercial context could... View More
I am creating word search books for the American market and was wondering if it is ok to use the names of famous people, such as authors and actors, or the names of games, such as Monopoly in my word lists. They would be factual and not portray anyone/thing in an unfavourable light. The words would... View More
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answered on Mar 26, 2024
When incorporating the names of famous people or trademarks, such as board games, into your word search books intended for the American market, it is crucial to consider intellectual property laws. The use of famous names can be complex due to copyright, trademark, and rights of publicity.... View More
I am currently writing a book about a scholar who passed away three years ago. This individual was a professor at a state university and a well-known public figure worldwide. On the website of his foundation, there is a list of all the lectures he delivered across the globe. I requested access to... View More
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answered on Mar 22, 2024
In the realm of academic research and historical documentation, access to archives can indeed be crucial. However, the legal right to access such materials depends on a variety of factors, including copyright law, the intentions of the decedent, and any existing agreements or policies established... View More
I am creating an app that helps people make smarter decisions when going out. We have a lot of venues on the app and reached out to many to see if we can use their content (from Instagram and their websites) but we have not received a response yet. We have read the privacy terms on various clubs... View More
answered on Mar 29, 2024
In developing an app aimed at helping users make informed decisions when going out, it's crucial to consider copyright laws when using content from venues, such as photos or videos from Instagram and websites. While reaching out to venues for permission is a commendable step, the absence of a... View More
I am creating an app that helps people make smarter decisions when going out. We have a lot of venues on the app and reached out to many to see if we can use their content (from Instagram and their websites) but we have not received a response yet. We have read the privacy terms on various clubs... View More
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answered on Mar 8, 2024
The legality of using your own photos and videos of nightclubs for a commercial app depends on several factors. Here are some key considerations:
1. Copyright: If your photos/videos capture any copyrighted material such as artwork, logos, or distinctive architectural features, you would... View More
answered on Mar 29, 2024
Using a trademarked name for your new tech company can be legally complex and potentially risky. Trademarks are protected intellectual property, and using a trademarked name without permission could lead to legal issues, including allegations of trademark infringement.
To determine if you... View More
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