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New York Copyright Questions & Answers
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.

1 Answer | Asked in Copyright for New York on
Q: Is it okay to use a quote for commercial use if it's on the internet but not published in anything?

The quote is "A river cuts through rock, not because of its power, but because of its persistence." -

John Espinosa
John Espinosa
answered on May 27, 2018

No, not without the pernission of the copyright holder. You have the name of the author, contact them or their estate if they are deceased to get permission to use the quote commercially. Understand that a work does not have to be published to be protected by copyright; being on the internet is... View More

1 Answer | Asked in Copyright for New York on
Q: Is it a copyright infringement if I have a license for an image on freepik.com and I make a similar image to sell?

Freepik.om is a website for free vector images and I have a premium subscription to use the image but the image can not be use as the main theme to print and sell on things like mugs. So I want to make a similar design to sell.

John Espinosa
John Espinosa
answered on May 27, 2018

Read this about derivative works: https://www.copyright.gov/circs/circ14.pdf

1 Answer | Asked in Copyright and Entertainment / Sports for New York on
Q: Is it possible to use fictional characters from tv shows in music under transformative usage?

Like an empathic autobiography.

Benton R Patterson III
Benton R Patterson III
answered on May 14, 2018

In theory, yes it is possible. An attorney would need to know more about the work to give an opinion on whether the particular use is transformative.

1 Answer | Asked in Business Law, Copyright and Trademark for New York on
Q: I want to create and sell an illustrated map of various places - what am I allowed to include on the map?

I'm an artist/illustrator and want to create a series of maps - not actual maps someone would use for directions, but an art print they would hang on a wall showing things the city or state is famous for.

What standard would I use to decide what I am allowed to include on the map?... View More

Aubrey Claudius Galloway
Aubrey Claudius Galloway pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 11, 2018

Because it is public information you can probably use all of it, you can definitely use all of it if you are not selling the map or distributing it, and likely even if you are. I would check with each organization or rather have your attorney check, If you were going to paint them in some sort of... View More

1 Answer | Asked in Copyright and Trademark for New York on
Q: Can you use a similiar name ?for example: YelpMy website name: Melp, different layout and different features.
Aubrey Claudius Galloway
Aubrey Claudius Galloway pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 11, 2018

Yes you can. Even if it is a satirical take on yelp, that goes to your advantage according to the caselaw. You should have no problems. If you have any questions navigating this I can offer a free phone consultation and can be reached at 914-912-1555. Best. Yes you can. Even if it is a satirical... View More

1 Answer | Asked in Copyright for New York on
Q: If I'm a part of an event group can a person leave the group and take one of the events name and use it by rewording it

The event name is IGG (ice gold and green) paint versus powder which is copyrighted which is held annually at the same time every year and as of last year a member remove their self from the group stole the name wrote it and has the event on the same day there's evidence on social media to... View More

John Espinosa
John Espinosa
answered on May 9, 2018

You can try. This resource may apply depending on the structure of the group and this person's role: https://www.copyright.gov/circs/circ30.pdf

1 Answer | Asked in Copyright for New York on
Q: I was told trademarks are specific to function. could i use something like beauty and the beast to name a business?

The business would be unrelated to disney or the movie and the characters. not sure how this works. thanks

Jason Brooks
Jason Brooks
answered on Apr 22, 2018

If that name is available for registration as a corporation, LLC or some other entity in your desired state, the. Yes you can register that name as a business — with that said, Disney is fairly aggressive about protecting their IP so you’d be limiting g yourself in scope and also running the... View More

1 Answer | Asked in Copyright for New York on
Q: What are the risks when using free stock photos for publications? Sites like unsplash, pixabay. stocksnap.io, pexels

I'm creating a cookbook which will be sold online and in stores. I will be buying the photos I can't find on the free stock photo sites but what loopholes can I expect? Last thing I want is to spend thousands to publish a book only to have someone claim rights to a photo.

Benton R Patterson III
Benton R Patterson III
answered on Apr 20, 2018

The risk is that the person who submitted the photo to the site never had the rights in the first place. The true owner could then sue you. Make sure you work with reputable, well established companies that own the photos.

1 Answer | Asked in Copyright for New York on
Q: How can we protect ancestral journals and letters?

We have several journals and letters from 1850-1920 written by family members (all deceased). We are in the process of retyping these and putting into PDF format for immediate family members. We would also like to make these available to more distant relatives and possibly parts to any local... View More

Will Blackton
Will Blackton
answered on Feb 15, 2018

A will does not have to specifically bequest intellectual property rights for those rights to pass to heirs. If, for example, father gives everything he owns to son, his son inherits the intellectual property rights in his letters and journals. Son could apply for copyright protection from the... View More

1 Answer | Asked in Copyright and Trademark for New York on
Q: Can my mother get a trademark for the name of a church dance group that she started?

My mother started this church dance group about 10 years ago and recently wanted to get either copyright or trademark protection for the name. Can she actually get a trademark for the name even though she has not formed a separate entity for the dance group?

Morgen Bowers
Morgen Bowers
answered on Jan 29, 2018

You do not need to have an entity to own a trademark. As long as the name otherwise qualifies for trademark registration, she can own the trademark personally. There is not enough information here to determine if the name would qualify for a trademark registration.

1 Answer | Asked in Copyright, Business Law and Entertainment / Sports for New York on
Q: hello please i need advice on what to do i do photography and videography and couple months ago i did a reality show

video recording and took photographs for a popular basketballer and i was there the whole day with him and at the end of my work with him he didn't pay me for all the work i did for him and he took with him all the photos and recordings i did for him and he insisted of not paying me because he... View More

Michael David Siegel
Michael David Siegel
answered on Jan 29, 2018

You can sue. An oral contract is enforceable. It is just harder to prove. Here you have the commercial use.

1 Answer | Asked in Copyright for New York on
Q: Can I register a t shirt design from a person in Taiwan as my own?I want to register the design in USA so he cant sue me
Benton R Patterson III
Benton R Patterson III
answered on Dec 26, 2017

No, because you are not the author of the work. You cannot escape copyright law by registering someone else's work in another county.

1 Answer | Asked in Business Formation, Business Law, Copyright and Intellectual Property for New York on
Q: i want to use my name as my website for my music. someone else owns it but not using it. i reached out to them, but...

they blocked me apparently. what are my chances of taking it over and actually using it for my music?

Michael David Siegel
Michael David Siegel
answered on Dec 2, 2017

You can usually almost always use your name if it is your own name.

1 Answer | Asked in Copyright and Intellectual Property for New York on
Q: If Court Clerk entered Default should Defendant not respond ?

Since I filed Default and it was entered by court clerk first should the defendant not file any other response ?

Will Blackton
Will Blackton
answered on Nov 27, 2017

You say you "filed Default" so I assume you are the plaintiff in this case. If, instead, a default judgment has been entered against you, you should contact a lawyer in the state the judgment was entered immediately to determine your options.

Generally, obtaining a default...
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1 Answer | Asked in Copyright and Trademark for New York on
Q: Can you trademark a generic search term? A competitor is claiming they own it and i cannot use it on my site.

I sell Long Island Wine Tours, a competitor claims they "OWN" the trademark:

http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4801:91vdmw.6.1

And it is registered. They are demanding that i remove all mentions of "Long island wine tour" from my website... View More

Barry E. Janay
PREMIUM
Barry E. Janay pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 10, 2017

The disclaimer on the USPTO for their Trademark states:

Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "WINE TOURS" APART FROM THE MARK AS SHOWN

So, while they may own "LONG ISLAND WINE TOURS" both "Long Island" and "Wine Tours"...
View More

2 Answers | Asked in Business Formation, Business Law and Copyright for New York on
Q: Can I use the business name e.g. ABC Appliance Repair store, if there is a store called "ABC Store". Same industry, geo.

I am launching an electronics repair store in a new state. They use the name iFix. Mine is iFix (With two other words). Would this be infringing?

Michael David Siegel
Michael David Siegel
answered on Sep 13, 2017

The answer turns on confusion in the marketplace. If the Secretary of State lets you do business under that name, it is probably fine as a matter of trademark.

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1 Answer | Asked in Copyright for New York on
Q: A celebrity on a talk show states the virtues of a beauty product. There is no mention of a brand name......

can I quote her verbatum and use a picture of her on said talk show in my company's sales catalog?

Donovan A Rodriques
Donovan A Rodriques
answered on Sep 11, 2017

You may quote her so long as it is not done in such a manner that implies celebrity's endorsement of your goods/services. You will need celebrity's permission to use her/his name and likeness in your catalog. You may also need permission from the talk show's owner to use the image... View More

2 Answers | Asked in Copyright and Trademark for New York on
Q: What does it mean when it says case assigned to intent to use paralegal?
Barbara Berschler
Barbara Berschler
answered on Sep 2, 2017

The phrase "intent to use" describes one kind of application a person can make to the United States Patent and Trademark Office to register a trademark. It means that you "intend" to use the mark in the future but as of now your use does not meet all of the requirements to prove... View More

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2 Answers | Asked in Copyright, Intellectual Property and Trademark for New York on
Q: Someone applied for a trademark I wanted. Can i compete for the said trademark? Their application is new.

My partners and I have been following an abandoned trademark. When we were ready to take action, we found out another entity has submitted an initial application for said trademark. Can we still put in an application for this trademark? Does the fact of having created merchandise, logos, and... View More

Michael Gerity
Michael Gerity
answered on Aug 21, 2017

When it comes to rights to use a particular trademark in conjunction with particular goods and/or services, the most important issue is the date that a party first used the mark in commerce in conjunction with the offering of those goods/services. Thus, the first to use the mark in commerce wins... View More

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