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New York Copyright Questions & Answers
1 Answer | Asked in Consumer Law, Copyright and Trademark for New York on
Q: Samsung has registered "SmartThings" as their trademark. Can I use Smartthingssolutions.com domain? Is there any issue?
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 30, 2017

I don't hear an immediate basis of confusion of the two, and I don't see anything particularly unique about the words "smart things". The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and... View More

1 Answer | Asked in Copyright for New York on
Q: I want to write a FREE book that is a critique of a published non-fiction book. Do I need permission for every idea used
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 30, 2017

I see no reason for licensing when you are publishing a critique of the original work. If that were the case, I cannot imagine many critics receiving a license by the original author! The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials,... View More

2 Answers | Asked in Copyright, Intellectual Property and Trademark for New York on
Q: I would like to know if I can alter ( change, shorten ) the existing trademark name or should I file a new app?

for example the trademark is first and last name and I want to leave only last name for the trademark ( use in commerce)

Donovan A Rodriques
Donovan A Rodriques
answered on Jan 28, 2017

You will file a new trademark application for the new name as used in commerce.

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1 Answer | Asked in Copyright and Intellectual Property for New York on
Q: Who owns the copyright on the Blue and White Anthora New York coffee cup design that says " We are happy to serve you "?

It was made by Sherri Cup in the 1960's and then Solo paper cup bought the company . I would like to know who owned the copyright on this cup design from its inception to date . Thank you

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 24, 2017

Check the copyright records at the US Copyright Office and/or the Library of Congress. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for New York on
Q: My Item Was Removed For Copyright Violation ... Rightfully?

Hello, here you can see original item and my item: http://goo.gl/9t0jKP

I was selling my item on Amazon and in the message I received from Amazon they notified me about copyright infringement and removal of my item.

They said if I believe I didn't infringe on any copyrights I... View More

Donovan A Rodriques
Donovan A Rodriques
answered on Jan 24, 2017

You should get in touch with an IP attorney for legal assistance.

The materials provided herein are for informational purposes only and do not constitute advertising, solicitation or legal advice. Consequently, you should not rely upon it as advice about specific legal problems because it...
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1 Answer | Asked in Copyright for New York on
Q: I have received a Cease & Desist notice from a lawyer representing a street artist.

I have received a Cease & Desist notice from a lawyer representing a street artist who's work was spray-painted onto the wall of a street we had a permit to film on in NYC. He claims we did not seek permission to film this artwork even though we had a permit to film there. Any information... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 23, 2017

That sounds like a valid basis for a cease and desist notice as it might constitute copyright violation. In the same way you'd have to obtain releases from identifiable persons or businesses, you'd have to do the same re: artwork. There might be possible defenses to assert during... View More

1 Answer | Asked in Copyright for New York on
Q: I want to use a copyrighted image for my Twitter avi (no profit), but don't know if it falls under fair use
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 23, 2017

It depends on the ownership of the copyright and the exact type of use. See: http://www.prometheuslaw.com/business-law/intellectual-property-attorney/

The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials,...
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1 Answer | Asked in Copyright, Entertainment / Sports, Intellectual Property and International Law for New York on
Q: Can I use Beyonce's song and make it funny like: Artist "Reyonce" doing Beyonce Cover (example) or any famous artist?

The funny remakes (karaoke version) of different artists will be used to sell "Reyonce's products). (This is not a real name, using it just as an example). Thank you.

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 19, 2017

There's a fine line between infringement and fair use (e.g., parody) of a copyrighted song. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or... View More

1 Answer | Asked in Copyright for New York on
Q: Hello, So my question to you is if I can get sued for using a picture my friend made to me?

Details: Basically I have this friend who lives in U.S, I live in Denmark. I asked him if he could make me a picture which I would use on my Twitch Stream (A website where you can stream live to other people) from which I would make money. I asked him if the image was free and he said yes. He then... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 19, 2017

If the owner of the copyright has licensed your use of the photo, then I see no problem in you using it as agreed. It depends on all the facts, though. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not... View More

1 Answer | Asked in Copyright and Intellectual Property for New York on
Q: Do I need permission from a publisher or author to create an Audio Book from a book that is currently out to the public?

There is a book that has been out for over 10 years that I would like to create an audio book of and sell the audio book do I need permission from author and/or publisher to do this?

I am wondering if this works like the music industry in that the rights of the book is retained by the... View More

Morgen Bowers
Morgen Bowers
answered on Nov 18, 2016

Yes. Unless the book is in the public domain (meaning it is no longer subject to copyright protection), you need permission to make a derivative work such as an audio book. The contract between the author and the publisher determines from whom you need the permission.

1 Answer | Asked in Copyright, Intellectual Property and Trademark for New York on
Q: Hi, I'm starting a t-shirt business with my own hand drawn and painted designs and have a q on what I can legally sell.

One of my simpler designs consists of a single word (not a brand or anything) with a symbol at the end. A prominent clothing brand uses the same word on their tshirts but their font is different and they don't have a symbol. Is it fair game if mine is different? I looked in the trademark and... View More

Barry E. Janay
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answered on Nov 4, 2016

Firs question is the identical word generic / commonplace? A company can trademark a word to identify the source of it's good and distinguish it, but it wouldn't be able to if the word is generic or commonplace. Another company can't use that identical word in the same industry or... View More

1 Answer | Asked in Copyright, Patents (Intellectual Property) and Trademark for New York on
Q: What do we have to consider, if we use a product idea from Germany?

We would like to use the idea of a new product in the German market to design and produce our own product for selling in the U.S. market. The product idea is actually a new application for an existing product.

Our product will be having a different design. We will register a new brandname.... View More

Barry E. Janay
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answered on Oct 24, 2016

Very generally speaking... Ideas are not copyrightable, what is copyrightable are the expressions of ideas fixed in a tangible medium. Patents can product products which are an advancement of the useful arts, that may be more apropos here. You indicated that you have a new application and a... View More

1 Answer | Asked in Copyright for New York on
Q: Can I use puppets of public figures saying actual quotes by those figures, attributed to them, in an animated short?
Ray Beckerman
Ray Beckerman
answered on Sep 5, 2014

It's more of a "right of publicity" question than a copyright question. It would depend a lot on who the public figures are. I would need to know more of the facts.

1 Answer | Asked in Copyright for New York on
Q: Can I be added to a copyright of a song that has already been registered, or it has to be an outside contract agreement?

I have been working on a music project for 10 years with a business partner. He owns the copyrights on 3 of the main songs, and we both put lots of time, money (splitting 50-50), energy and effort in the production of these songs. We have come to the point of the legal matter, and I was under the... View More

Ray Beckerman
Ray Beckerman
answered on Sep 4, 2014

You can have an outside contract which assigns rights in the copyright, and this can be publicly filed with the Copyright Office, but you MUST do this through a lawyer. Stop trying to save money; you are being penny wise and pound foolish.

1 Answer | Asked in Copyright for New York on
Q: I GOT AN ORDER FROM JUDGE THAT STOP SELLING SOME MERCHANDISE. HOW CAN I FILL THE CASE TO RELEASE THE ORDER
Ray Beckerman
Ray Beckerman
answered on Mar 8, 2013

You need to provide the legal documents to a qualified litigation law firm like ours, and we will then discuss it with you and come up with a strategy to fight it.

1 Answer | Asked in Copyright for New York on
Q: Is it legal to post a picture of someone online without the owners permission? If so, what is that law called?
Ray Beckerman
Ray Beckerman
answered on Mar 8, 2013

There is a New York statute which prohibits using someone's likeness for trade or business purposes without their permission. It is Civil Rights Law Section 50.

1 Answer | Asked in Copyright for New York on
Q: : Am I liable 3rd party if paid web designer use copyrighted pictures and did not tell me. I thought I purchased a packa

Package was turnkey. Designer is corporation in FL. Corp is now out of business.

Paul Overhauser
Paul Overhauser
answered on Dec 10, 2010

You could be liable, as there is no "intent" requirement to be liable for copyright infringement. However, your exposure could be reduced if you are determined to have been an "innocent infringer."

Paul Overhauser

www.overhauser.com

317 891-1500

2 Answers | Asked in Copyright for New York on
Q: I wrote a Twilight fan fic, Can I upload it to cafe press so I can buy a hard copy of my story as a book?

Can I do this, I just want to have a bound copy for my own use, is it copyright infringement if I wrote it, and I'm buying it for my own use?

Paul Overhauser
Paul Overhauser
answered on Nov 29, 2010

If your book copies copyrightable elements of the Twilight book, technically, writing your own book would probably be copyright infringement. However, as a practical matter, it is unlikely that the owner of the copyrights in the Twilight book would complain. Independent authors write proposed... View More

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