I worked as a 1099 Photographer with no contract or agreement for a company in NC. I was wrongfully let go (They are now claiming was a mistake), but my images are still being used for marketing and promotions even after I asked for a cease and desist. After a long wait, the companies legal... Read more »
answered on Jan 2, 2020
It is possible their response is a canned one and uses the term employee.
It is similar rule with contractors involved in creative work
you should contact a local attorney who is familiar with the local regulations
in general the work done for pay tends to be owned by the... Read more »
trademark and copyright knowledge needed
answered on Nov 26, 2019
If you're merely trying to protect the design on the shirt, then you'll want to register it for copyright with the US Copyright office. If however, the design is actually the name of your brand, then you'll want to register that brand name for trademark.
Note that word... Read more »
answered on Oct 25, 2019
I would not recommend it. You are calling for a cease and desist and potential lawsuit.
Look for alternative ways, logos, make sure they are not in use and are not similar to others.
marcos.e.garciaacosta@gmail.com
www.legalbizglobal.com
DaVINCI EDITRICE S.R.L., VS. ZIKO GAMES, LLC, et al., in CIVIL ACTION NO. H-13-3415 cited a card game's mechanics aren't protected, I'm looking - quite literally - to copy a card game (as the defendant in the cited case) that is no longer in production by reskinning the game and... Read more »
answered on Oct 15, 2019
Games can be copyrighted as can the rules. So skinning a game can cause a variety of legal issues. I would have an attorney do a detailed analysis. One fact can change the result.
answered on Sep 9, 2019
try USPTO, it may be hard to navigate. Try also google patents.
It may give you a decent idea. You may need to pay an expert who knows how to navigate deeper the patent databases.
answered on May 17, 2019
You can't use another's logo in a confusingly similar manner, i.e. that is likely to cause confusion as to the source of the goods or insinuates endorsement.
answered on May 4, 2019
It isn't clear what the question is, but if you're wondering what you should do as a result of experiencing back pain after an accident, a first step could be to contact an accident attorney in North Carolina. Many give free initial consultations. Based on how the accident took place and... Read more »
Creating a website that creates profit, however, I want to know if I'm able to use song titles without any of their physical content (for example without their lyrics or digital media). I only need the titles.
Thank you for your time.
answered on Apr 13, 2018
I’m inclined to say yes, but definitely would need more info regarding the intended use. Feel free to email me at: Jason@altviewlawgroup.com to discuss
My photograph will only be viewed by the illustrator so they are able to create their own artwork based off the image and then sell their artwork, so I'm not sure if I would charge a licensing fee (and how to go about configuring that) or charge royalty fees. I'm having trouble... Read more »
answered on Mar 27, 2018
As the creator of the work, and therefore the owner of the copyright (assuming you have not otherwise transferred the copyright or made the work as a work-for-hire), you have the exclusive right, among other rights, to create derivative works. An illustrator who creates illustrations from your... Read more »
They are just old ad posters that were stapled to telephone poles and buildings every week promoting the show and then torn down and replaced. The old ones were thrown in the trash. The company that printed them has been out of business for over 40 years. Do I need permission to make some copies of... Read more »
answered on Jun 22, 2017
If you want to avoid any legal liability for copyright infringement, yes - you need permission to reproduce those posters. The printing company is probably not the party that needs to grant permission, unless they also created the posters. The artist who created the posters, assuming the artist... Read more »
This website and web service would allow users to upload their screenshots from video games and share it with their friends. There is more to it, but as far as legal, would it be copyright or other IP conflicts if users screenshot their own in-game experience and upload it to the site and share it.... Read more »
answered on May 18, 2017
If you're going to allow users to post potentially infringing material, you should become familiar with the DMCA takedown process and register a DMCA takedown agent with the U.S. Copyright Office. Qualifying for the DMCA safe harbor would shift the concerns of copyright infringement from you... Read more »
I’m going to be releasing a video game soon and since I’m likely going to charge a small fee for people to download it I’d like to answer a legal couple questions just to be on the safe side:
1. Is it legal to use cartoon likenesses of famous/living American politicians or Hollywood... Read more »
answered on May 5, 2017
1. Is it legal to use cartoon likenesses of famous/living American politicians or Hollywood actors in a video game? (artwork is original, my own)
It's certainly legal to do this *with the permission* of the person, or the permission of whoever may own the rights to their image and... Read more »
My teaching materials are my original ideas & design using concepts from a research group who shared them freely. My former partner is angry that I took his name & company name off my materials when we broke up. I re-named everything I created and credited him where he actually made a... Read more »
answered on May 1, 2017
Creative works receive copyright protection from the moment they are fixed in a tangible medium of expression. "Sending yourself materials through the mail to get copyright protection" is a myth that does not affect your copyright protection at all. Creative works receive more robust... Read more »
I live in NC, the website is maintained in FL. A falling out led to removal of work. I want to ensure copyright to my own writing and prevent further use of it on the site in the future, but do not know if I have ownership of copyright due to the nature of the "publishing"/posting on the... Read more »
answered on Apr 20, 2017
Works are copyrighted to producer of the work. So in this case, the removed work is still under your copyright. However, one has to look for two issues which might have transferred the copyright. If you perform a "work-for-hire" for a company, another person, etc. then although you... Read more »
I have had people who have stolen apps without permission, who have then sold my apps (properties) without my permission. I need a lawyer to represent me as retaliate as well as when I contact big name tech companies concerning offers. I need representation to help me draft contracts as well as... Read more »
answered on Apr 14, 2017
There are several attorneys listed on the Justia directory who would be able to help you. You should look for North Carolina attorneys with experience with copyright law, business transactions (licensing agreement and business entity formation), and civil litigation. You should contact 2-3... Read more »
answered on Mar 1, 2017
If you use an image of a cymbal, produced by someone else, in software you produce: Yes, you need their permission to use their image or you could face a copyright infringement action.
I'm looking to start a clothing/skateboarding company. I came up with the name of "Scythe" , or maby "Scythe Skateboards". But I looked online and found that there's a musical band called "SCYTHE", apparently they trademarked it like a year or 2 ago. But I in... Read more »
answered on Feb 9, 2017
The success of a trademark infringement lawsuit depends on whether the defendant's use causes a likelihood of confusion in the average consumer.
The U.S. Patent Office explains on its website:
Generally, the court will consider evidence addressing various factors to determine... Read more »
answered on Feb 9, 2017
The process to trademark a name or logo, as well as other informational resources, can be found at: https://www.uspto.gov/trademark
I always sourced the pictures but I just learned that might not be enough to keep me from getting sued. Do you have any suggestions? I haven't received any complaints that I know of and the sites never cotancted me. The blogs are now deleted and I never made any money off the pictures. Should... Read more »
answered on Jan 27, 2017
Should you worry?
If no copyright holders have contacted you regarding infringement, you should not worry.
Do I have any suggestions?
You "nuked" the site already, which is a great first step. Delete all copyrighted images you have from the server, it's not... Read more »
(for example, a detailed analysis of the great gatsby with chapters on characters, plotlines, and stories about the author)
answered on Nov 10, 2015
Probably not. Copyright protection for the Great Gatsby has probably expired by now anyway.
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