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New York Copyright Questions & Answers
1 Answer | Asked in Copyright and Intellectual Property for New York on
Q: Is it legal to make an AI generating pictures app based on description from other ai engine that a user enters the url?

For example: a user get in to my app and tells me he wants to generate a picture like a listing on Airbnb (probably copyrighted), so he enters the url to the specific listing, I transfer the url to an ai engine that can describe pictures in details, I use ONLY the description that the engine gave... View More

James L. Arrasmith
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answered on Feb 4, 2024

Creating an AI-generated picture app based on descriptions from another AI engine that a user enters through a URL can potentially raise legal issues related to copyright and intellectual property. While the generated image may not be a direct copy of the original picture, it could still be... View More

1 Answer | Asked in Copyright, Business Law, Trademark and Intellectual Property for New York on
Q: Is it legally allowed to sell goods such as clothing items with the phrase "Spidey sense" on them?

Those clothing items do not include anything else that might be related to "spider-man". the clothing items only have the phrase "Spidey sense" and graffiti designs that are free to use on them.

James L. Arrasmith
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answered on Feb 1, 2024

Selling clothing items with the phrase "Spidey sense" on them may potentially raise legal issues related to trademark and copyright. "Spidey sense" is a term associated with the fictional character Spider-Man, a trademarked and copyrighted character owned by Marvel Comics, which... View More

3 Answers | Asked in Copyright and Intellectual Property for New York on
Q: If I took aspects of a smaller artist work to incorporate in my own song, could I be found guilty of copyright infringe

If I used synths and the background Melodie’s and the same arrangement. The lyrics and singer is completely different.

James L. Arrasmith
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answered on Jan 9, 2024

If you incorporate aspects of another artist's work, such as synths, background melodies, and arrangement into your own song, there is a significant risk of copyright infringement. Copyright law protects original works of authorship, including musical compositions, and using elements of... View More

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1 Answer | Asked in Copyright and Intellectual Property for New York on
Q: Hello: Cates v. Shlemovitz, et al. No.3:21-cv-00805 (N.D.N.Y. 2022) Am appealing # 23-750 2nd circuit.

Searching for the case # of the Dragnet controversy, over 4 notes (dum, da,dum,dum.) Can you help find that case? Thank you., on my own behalf. here is what I found https://library.syracuse.edu/blog/dragnet-a-musical-controversy/

James L. Arrasmith
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answered on Dec 30, 2023

The case involving the "Dragnet" musical controversy was a copyright dispute over a four-note motif originally composed by Miklós Rózsa for the film "The Killers" in 1946, which was later used in the "Dragnet" theme music by Walter Schumann. The case was eventually... View More

1 Answer | Asked in Copyright, Gaming and Intellectual Property for New York on
Q: So If a company doesn't renew a license deal for a game is it still illegal to pirate the game?

In 2017 Activision didn't renew a licensing deal they had with Marvel so they had to take down all of their Marvel games they had published. So I wanted to know if it would still be illegal to download any of those games through a website even though there is no possible way to get those games... View More

James L. Arrasmith
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answered on Nov 18, 2023

Whether a company has renewed a licensing deal or not, it is still illegal to pirate a game. The expiration of a licensing deal, such as the one between Activision and Marvel, affects the company's ability to sell or distribute the game, but it does not affect the copyright status of the game.... View More

1 Answer | Asked in Copyright and Intellectual Property for New York on
Q: Can I release a remixed song with new verses as a derivative or transformative work without permission?

I have altered the verses of a song while keeping the beat and chorus the same, and this change drastically alters the meaning of the song. The original song is copyrighted, and I don't have permission from the copyright holder, although I know who they are. I'm unsure if I want to... View More

James L. Arrasmith
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answered on Mar 28, 2025

Releasing a remixed song that uses the original beat and chorus without permission is risky from a copyright perspective. While you've changed the verses and altered the meaning, you're still using substantial portions of the original work that are protected by copyright law.

Your...
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1 Answer | Asked in Copyright and Trademark for New York on
Q: Could monetizing Beetlejuice-inspired fashion posts infringe on copyrights?

I'm a content creator planning to monetize a Halloween photography fashion-inspired look based on the Beetlejuice character. I intend to post photos and videos in a graveyard on Instagram and TikTok featuring black and white striped clothing and makeup similar to the character but with my own... View More

James L. Arrasmith
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answered on Mar 15, 2025

Your planned Beetlejuice-inspired content could present some copyright risks, even without using direct movie clips or trademarks. Copyright typically protects specific character portrayals and distinctive elements that audiences clearly associate with the original work. Because you're... View More

1 Answer | Asked in Copyright for New York on
Q: Do I retain all rights to my lyric?

I once entered a lyric to a contest after I agreed to its terms and conditions, then removed it before I paid the entry fee. The terms and condition state that entrants are required to pay a $25 fee to be nominated and all entries will be featured on the website. They sent me a private link to view... View More

James L. Arrasmith
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answered on Feb 3, 2025

Based on what you've described, you likely retain all rights to your lyrics since you didn't complete the entry process by paying the fee. Think of it like starting to fill out a job application but not submitting it - the partial process doesn't create a binding agreement.... View More

1 Answer | Asked in Copyright and Intellectual Property for New York on
Q: can i sell a Book which i own the copyright with inside a link to a free downloadable bonus ebook CC-BY-NC-SA?

the Book i sell has a qrcode link to the ebook. the bonus content is advertized.

the bonus ebook is made by me, using other CC-BY-NC-SA contents.

James L. Arrasmith
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answered on Oct 23, 2024

Including a free downloadable bonus ebook in your sold book can be tricky due to licensing restrictions. Since the bonus ebook is under the CC-BY-NC-SA license, the non-commercial (NC) aspect means it shouldn’t be distributed as part of a commercial transaction. Linking the bonus to a purchase... View More

1 Answer | Asked in Copyright, Business Law, Civil Rights and Entertainment / Sports for New York on
Q: If I shoot a music video for a new song in public, and regular people wind up in the recording, is that a problem?

We are planning to shoot a music video for a new song in various locations, Arizona, California, Nevada, New York. The video will be published to YouTube for the band. Normally on a set, the actors and everyone involved know they will be in the music video. However, this video will be out in public... View More

James L. Arrasmith
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answered on Sep 17, 2024

When filming a music video in public spaces, it's important to understand the legal implications of capturing individuals in the background. Generally, people in public places have a lower expectation of privacy, meaning they can be filmed without explicit consent, especially if they are not... View More

2 Answers | Asked in Copyright for New York on
Q: hello, I was looking to make a website like rotten tomatoes for WWE where people can rate there favorite matches and cre
Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Sep 10, 2024

It seams the question is incomplete. However, these are my comments: (THIS IS NOT LEGAL ADVICE)

Creating a website where users can rate and discuss WWE matches involves several potential legal considerations, particularly related to copyright and trademark issues. Here’s a breakdown of...
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1 Answer | Asked in Business Law, Copyright and Trademark for New York on
Q: I sell custom handmade tie dye for $40 and received a custom order request for a killer klown tie dye. Can I do this?

Everything is hand drawn by me, and each custom order is an original design.

The design:

I've used one of the characters as a reference, and the movie poster image.

My version of one of the clowns is on the front, the shoulders have a pink that drips down the front and... View More

James L. Arrasmith
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answered on Sep 7, 2024

When creating and selling custom art that incorporates recognizable characters or elements from copyrighted movies, it’s important to consider the legal implications. Even if the artwork is hand-drawn and each design is unique, using characters or distinct elements like taglines from copyrighted... View More

1 Answer | Asked in Copyright and Intellectual Property for New York on
Q: Stolen song published w/o my consent in 2010. Now it's platinum. I'm being sued by the thief b/c I stopped pub deal wtd?

Song published initially 2010, licensed over a dozen times globally w/o my consent. Now song the song was released again by a major label w/o my consent and it's platinum. I stopped the original thief's attempt to get paid from a publishing deal using my song as he is in efforts with the... View More

James L. Arrasmith
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answered on Sep 4, 2024

Given the complexity of your situation, it seems you have strong grounds to take legal action against the foreign branch of the American company. The fact that they filed multiple copyrights in the U.S. could indeed provide a basis for U.S. jurisdiction. This point strengthens your position to... View More

2 Answers | Asked in Copyright, Trademark and Intellectual Property for New York on
Q: Can I get sued for using my company name VMoss Body and the other companies name is “V The Seamoss Boss”?

my company sells body soaps with seamoss. and the other company sells raw seamoss.

Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Sep 10, 2024

Understanding the difference between using a name as a trademark versus simply as a business or legal entity name is crucial. Here’s what happens in each scenario:

1. Name Used as a Trademark

When a name is used as a trademark, it is intended to identify and distinguish the goods...
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1 Answer | Asked in Copyright for New York on
Q: Can I trade mark Diddle Hatt

I want to trademark this word phrase

John Michael Frick
John Michael Frick
answered on Sep 23, 2023

Assuming no one else already has, it is possible to trademark such a phrase in connection with your products or services. I assume this will be used in connection with some particular headwear brand.

1 Answer | Asked in Consumer Law, Copyright, Civil Rights, Gaming and Intellectual Property for New York on
Q: Doesn't censorship of a product after point of sale present some legal challanges?

What of censorship in general? the freedom of speech and exspression mean nothing when there's no one or no way to hear it.

I'm very concerned about the pressures from many special interest groups and diverse and even opposing political parties trying to control or cancel people... View More

James L. Arrasmith
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answered on Sep 11, 2023

You have raised a multi-faceted issue that encompasses both the legal domain and the evolving norms in society.

From a legal standpoint, private companies like game developers and publishers generally have a broad latitude to modify their products as they see fit, including post-sale. This...
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Q: The Skullgirls team has taken a digital product that many people purchased and altered it in very significant ways.

The Skullgirls team has taken a digital product that many people purchased and altered it in very significant ways. They've cut out entire pages from the art book, removed and re-announced voice lines, and drawn over concept art to make it less offensive. The current Skullgirls team, while... View More

James L. Arrasmith
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answered on Aug 15, 2023

While I understand your concerns, changes made to digital products like art books or video games fall under the discretion of the creators and developers. If these changes are made by the current team or company, and they own the rights to the product, they generally have the authority to modify... View More

Q: MarkTwain and Censorship. appeals?

I believe that, once upon a time, a publisher published the works of mark twain but censored what may have been offensive. The censorship won out in the end. (evil won in that case) but i wonder if that case was disputed further and appealed. does anyone know?

The Roald Dhal censorship was... View More

James L. Arrasmith
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answered on Aug 15, 2023

I'm familiar with historical cases of censorship, such as those involving Mark Twain's works, but whether a specific case was appealed and overturned would require a thorough review of the legal history and court records. Appeals and potential outcomes depend on various factors, including... View More

3 Answers | Asked in Business Law, Civil Litigation, Intellectual Property and Copyright for New York on
Q: Do I have as a software developer the right to confiscate source code, if the customer denies to pay the last 10%
Tim Akpinar
Tim Akpinar
answered on Aug 3, 2023

If you reached out to attorneys, they would ask about the terms of your agreement, as my colleague points out. It could depend on who is identified as the owner of the code. The intellectual property attorneys here would have insight into the issues that could arise in terms of ownership, if you... View More

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1 Answer | Asked in Copyright for New York on
Q: Etsy asks me to contact a lawyer for being unable to process a counter notice

I am a seller on etsy. I filed a counter notice for an incorrect report

from a competitor on one of my listings that had received a DMCA from them.

The next day etsy sends me an email telling that they won´t process my counter notice.

They told me that I would need to... View More

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jul 6, 2023

Have an IP lawyer look into the case to evaluate your options.

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