Ohio Copyright Questions & Answers
Q: Do I need permission to organize an event with a "where's Waldo" theme? Does this infringe on the current copyrights?
If you use images of Waldo and other recognizable features of the books, then yes, it would infringe the copyright. Getting permission might be difficult to track down the owner. The book publisher might have the rights, or the author might have retained them. Use the Find a Lawyer tab to retain... Read more »
Q: I was wondering if the headband underneath a sunhat was patented yet..Thanks in advance
Short answer is that I do not know without looking. Eventually, you may want a patent attorney to help you. I am not sure whether you are looking to obtain a patent or just want to be clear of the patents for others. The searches for these two questions overlap but they are not exactly the same.... Read more »
Q: Are there any patents for online databases for gravesites/cemeteries?
For example, a site to where a User can search a specific section of a cemetery/gravesite or the entire cemetery as a whole and looks for certain groups, people of interest and whatnot?
I'm not aware of any such patent and a cursory search of the available databases don't turn up any such patents. (though there was an interesting one which incorporated video into a gravestone!) However, this doesn't tell us if one exists either in the US or in other jurisdictions. To answer this... Read more »
Q: In marketing, can we mention that our products were previously sold under a trademarked brand name?
Our products were sold exclusively by a large fortune 500 company under a trademarked brand name. They have recently stopped selling our products in lieu of creating their own line. I'd like to know if, in our marketing, we can say, [our product name] has been sold by [their company name] under the... Read more »
Use the Find a Lawyer tab to retain a local intellectual property attorney to review all the facts of the situation and advise you if the large company might take any action against you if you do that.
Q: If I paid a designer to help design a city map, can another org. then use the same designer to publish & claim that map?
I co-designed a map for my business that helped with navigating an area...then had an organization go to the designer i paid to tweak the map a little, and put it out as their own. I have some questions.
If your written agreement with the designer did not also assign the copyright to you, then the designer still own the copyright in the map design, even though you paid the designer for it. An assignment of copyright must be in writing, otherwise, the designer retains it. If the designer still... Read more »
Q: As an officer of a 501c4 corporation am I personally liable for a copyright infringement by the corporation
The debts (loans by me) of the corporation far exceed the assets of the corporation and the corporation cannot pay the requested settlement fee.
Can't even answer without knowing more. Please call to set up an appointment.
Q: Can we use sound clips from a CBS news broadcast in a song, is that considered fair use?
I play in a local band and we are in the process of recording an album. We want to use a short segment from a news broadcast in one of our songs, do we need to get permission before using it, or is it acceptable under Fair Use?
Thanks!
Fair use is determined on a case-by-case basis and judged substantially on the following four factors:
1 )the purpose and character of your use
2) the nature of the copyrighted work
3) the amount and substantiality of the portion taken, and
4) the effect of the use... Read more »
Q: how do I know if an image/logo is trademarked?
i work at a bar, and created an image of ohio using the logos of the breweries in ohio. i want to be allowed to sell the image on shirts but dont know how to go about doing so. i do not know how to find if images are copyrighted or trademarked and therefore am unsure about my next step. any help is... Read more »
The only way is to conduct an image search via the USPTO's database of registered trademarks. Images are a bit tougher to research than word marks, because there's a bit of subjective interpretation in the description of the designs and their potential similarity to other registered marks. With... Read more »
Q: I want to sell a gift with this engraving “Davis-Besse Nuclear Power Station”. Do I need permission from the company?
A friend suggested I find out before marketing and selling the gifts to current and former workers at the power plant. Also, I am a current employee of the company that owns the nuclear plant.
Yes, you need to get permission.
Q: can I patent an ingredient in animal feed to prevent other feed companies from using it?
I have researched benefits of specific vegetables and fruits and started using them in animal feed production with great results in animal health and performance. No other feed company includes these ingredients in their feed. Can I patent this to prevent competitors from duplicating my feed /... Read more »
Starting in March of 2013, the rules for what could be patented changed. See https://www.law.cornell.edu/uscode/text/35/102
The relevant text is
A person shall be entitled to a patent unless—
(1) the claimed invention was patented, described in a printed publication, or... Read more »
Q: I created healthcare processes that are currently safer and better than are currently used. Can they claim ownership?
I work in healthcare and have found a medical procedure that is much more efficient and is safer than current “best practices”. I’d like to start a business teaching these techniques but am worried about them claiming ownership since I work there. I saw the current practices were not... Read more »
There is no way to answer without knowing details of what you have developed. It might fall under copyright or patent, or neither. Ideas are not copyrighted, but the expression can be. But a method or technique could be patentable. And any employment contract or terms of employment included in... Read more »
Q: Can make a Pokémon series on YouTube without overstepping the copyright
If you use any images or other graphics, characters, or other related recognizable elements, you could be infringing the copyrights and trademarks. YouTube could take down what you post, and the owners of Pokémon could then make claims against you, seeking an injunction, civil damages, and/or... Read more »
Q: Is a copyright on a Sound Recording valid if the entity registering the copyright never existed?
The person who took responsibility for registering the SR Copyright on a CD of original music and was supposed to finalize the legal paper work for the entity that was going to "own" the copyrights didn't actually finish the registration of the business entity to own the copyrights. There is an SR... Read more »
Yes, the copyright (i.e. the legal right, not the registration) should still be valid. A copyright registration which includes erroneous information can be corrected. Review the procedures under section 1800 of the copyright office Compendium.
Regarding ownership, a copyright is always... Read more »
Q: Do I have complete ownership of lyrics to have anyone I choose to write the music?
I wrote lyrics and someone else wrote the music to create a song. She is recording her composition with her band and sending me the audio. If another musician is interested in composing a different musical arrangement for the lyrics do I need the permission of the first musician to do so? I have... Read more »
The author of lyrics automatically gains copyright protection under US copyright laws. The author can register that copyright to get added protection against infringement. The composer who does the music also gains copyright protection in the musical composition. So a song has 2 copyrights.... Read more »
Q: I created a class and would like to get it protected but dont know what I need.
Do I need a patent, trademark, or copyright?
What type of class? How is the class material presented?
It's likely that copyright is the appropriate type of protection, but it's unclear without more information.
Q: My eBay listing keeps getting removed because my "listing used their copyrighted image without permission."
I keep trying to sell a Klipsch headset on eBay. I took the pictures of the product myself, but I keep getting my listing removed, because Klipsch is claiming copyright infringement over my images. They are my own pictures I took myself, and I feel I'm being harassed by Klipsch. Klipsch is wasting... Read more »
Try the Electronic Frontier Foundation. They sometimes take cases involving DMCA harassment pro bono.
Q: Hi, a proposed bar in my town is using the name "Studio 54". How can I find out if they're using it legally or not?
You can ask them, but they have no obligation to tell you anything about their business dealings.
Q: Can a logo that was purchased on Etsy by numerous people be trademarked?
I am creating a new company and was browsing Etsy for logos. I stumbled upon a premade logo that is being sold with a company name. It is not one of a kind, therefore can be sold to other people as well. If it has not been copyrighted/trademarked/registered yet, am I able to use this logo and... Read more »
There are an awful lot of issues here that can't be addressed without more facts, but here are some initial thoughts. First off, any copyright would be held by the designer of the logo. Presumably, if you purchase the logo from the designer, then it would come with at least a license to use the... Read more »
Q: Doing a guardianship application for Ohio?
If I want full custody, do I apply for non-limited? Also would it be best to hire a lawyer to talk on my behalf ?
The guardian for an Ohio resident must also be an Ohio resident. Use the Find a Lawyer tab to consult an attorney in the location where the person lives.
Q: I am starting a podcast and I want to name it: "Marlon Brando...then everything else." Can I use his name?
I want to also use his image in my logo as well. Just wondering if this is legal. Thanks so much for any help you can give.
Using the name and likeness of a person without permission could invite legal action against you. Use the Find a Lawyer tab to consult a local copyright and trademark attorney who can advise you of the risks before you do anything.
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