Ask a Question

Get free answers to your Copyright legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
New York Copyright Questions & Answers
1 Answer | Asked in Copyright and Intellectual Property for New York on
Q: wanted to know firm attorneys contact copyright infringement Manhattan Federal court case
Tim Akpinar
Tim Akpinar
answered on Mar 2, 2020

This is not a law firm (you ask about firm attorneys). It's only a Question and Answer board. If you need a copyright infringement attorney, you could look in the Copyright section here, or other Intellectual Property categories (you list Intellectual Property as a heading) if applicable, or... View More

2 Answers | Asked in Copyright for New York on
Q: I am the sole defendant in a copyright infringement case in NY. I don’t have a lawyer and the judge denied me one.

Plaintiff is not serving me his filings and I have not consented to email service. He responded to discovery demands but not sent anything. He doesn’t respond to meet and confer requests.

What should I do?

Tania Maria Williams
PREMIUM
Tania Maria Williams pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 27, 2020

I would highly recommend getting an attorney. You do not have a right to have an attorney appointed in a copyright infringement case, which I'm assuming is why "the judge denied [you] one". An infringement case can be costly in legal fees, but it can also be costly in damages. I... View More

View More Answers

1 Answer | Asked in Copyright for New York on
Q: Students used a section of the image from Justin Timberlakes Album cover (front and back) on the cover of the yearbook.
Tania Maria Williams
PREMIUM
Tania Maria Williams pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 27, 2020

Technically that is infringement if it is used without permission because that artwork either belongs to the artist or the label. There may be a defense of fair use.

2 Answers | Asked in Copyright and Trademark for New York on
Q: getting permission to use a trademark
Marcos Garciaacosta
Marcos Garciaacosta
answered on Feb 13, 2020

it will depend on the owner and what your intentions are

expect to pay, if it is a famous mark, unless they have a licensing program, you would not get it

best luck

View More Answers

1 Answer | Asked in Copyright and Patents (Intellectual Property) for New York on
Q: Let’s say I have a design in mind for a beauty product to be sold in , does it make sense to get a design patent?

I want to know if I can prevent other vendors or manufacturers from replicating my idea .

Peter D. Mlynek
Peter D. Mlynek
answered on Jan 30, 2020

I assume that you have designed some sort of a bottle or a container for holding nail polish, hair gel, mascara, body lotion, etc.

You have several options.

First, you should trademark the name of your product, and possibly the logo.

Second, you may want to get a design...
View More

1 Answer | Asked in Copyright and Intellectual Property for New York on
Q: As co-author of an artwork ( painting) can I sell my part of copyright without approval from my co-author?
Sindee Levin
Sindee Levin
answered on Dec 6, 2019

It depends. Do you and your co author have an agreement between you? If so, the terms of the contract will govern. If there is no agreement are you selling the actual copyright or an interest in royalties. Without an agreement, you can sell your part of the copyright, or a royalty interest.

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...
View More

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... View 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

www.legalbizglobal.com

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...
View More

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... View 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... View 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... View 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... View 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.

View More Answers

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...
View More

View More Answers

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,
Ali Shahrestani,
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...
View More

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

View More Answers

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,... View More

View More Answers

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... View 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,
Ali Shahrestani,
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... View 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.