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
Ohio Copyright Questions & Answers
2 Answers | Asked in Copyright, Trademark and Intellectual Property for Ohio on
Q: I received a copyright with a made up word & illustration, then found out someone has a trademark on a similar word, am

Am I protected with my copyright or does the trademark override my copyright?

Sean Goodwin
Sean Goodwin
answered on Sep 26, 2024

Copyrights and trademarks are different forms of intellectual property, and the rules for infringement are different for each.

In general, different people can own the same trademark name so long as they are using them for different goods or services that a consumer would not find to be...
View More

View More Answers

2 Answers | Asked in Copyright, Personal Injury, Intellectual Property and Libel & Slander for Ohio on
Q: Can I send a cease and desist letter for defamation/ libel?

I recently watched a presentation of a marketing and sales coach who gave names of his clients as examples. I reached out to a client who was in a similar industry to me to both find out more about her offerings for my own life but also to learn more and gain insight from her sales process. The... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Aug 30, 2024

Your inquiry to the client who had been identified by the coach was perfectly reasonable and defensible, so the threat of retaliation was bluster. The threat to cause you harm is "actionable", that is, you could sue for it to get an injunction and possible money damages. So, challenging... View More

View More Answers

2 Answers | Asked in Copyright and Intellectual Property for Ohio on
Q: Can I publish new illustrations for a children's book that the copy right has ran out
Bao Tran
PREMIUM
Bao Tran
answered on Jul 25, 2024

Yes, you can publish new illustrations for a children's book if the copyright on the original illustrations has expired. Here are the key points to consider:

Copyright Expiration

Public Domain: If the original illustrator has been dead for more than 70 years, the illustrations...
View More

View More Answers

2 Answers | Asked in Copyright and Intellectual Property for Ohio on
Q: Can I publish new illustrations for a children's book that the copy right has ran out
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 24, 2024

Yes, you can publish new illustrations for a children's book where the copyright has expired. When a book enters the public domain, it means that the copyright protection has ended, and the original content can be freely used by anyone. You are free to create and publish your own illustrations... View More

View More Answers

2 Answers | Asked in Copyright, Entertainment / Sports and Intellectual Property for Ohio on
Q: AI Music Making

There's this AI music making software called Suno. Suno's TOS states that anything made with their software are not permitted for commercial use (and Suno owns the song) unless it the song was made during a premium subscription.

From what I see, you can't own AI generated... View More

Bao Tran
PREMIUM
Bao Tran
answered on Jul 25, 2024

Given the terms of service (TOS) for Suno and the current legal landscape regarding AI-generated music, here are the key points to consider regarding the commercial use of songs generated by Suno without a premium subscription:

Suno's Terms of Service

Ownership and Commercial...
View More

View More Answers

2 Answers | Asked in Copyright, Entertainment / Sports and Intellectual Property for Ohio on
Q: AI Music Making

There's this AI music making software called Suno. Suno's TOS states that anything made with their software are not permitted for commercial use (and Suno owns the song) unless it the song was made during a premium subscription.

From what I see, you can't own AI generated... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 21, 2024

No, you cannot use the songs generated by Suno for commercial purposes without a premium subscription. According to Suno's terms of service, they retain ownership of any music created using their software unless it is made while you have an active premium subscription.

If you try to...
View More

View More Answers

2 Answers | Asked in Copyright, Entertainment / Sports, Gaming and Intellectual Property for Ohio on
Q: Can I copyright songs made in a game making mobile app?

I was wondering if songs in any game making mobile app made are eligible to copyright whether it's made by me or anyone else

The songs I believe would be public domain, and in the app you're able to take the "MIDI" of the song and change it (if you want)... View More

Bao Tran
PREMIUM
Bao Tran
answered on Jul 25, 2024

When considering whether songs created in a game-making mobile app can be copyrighted, several factors come into play. Here’s an analysis based on the provided context and general copyright principles:

Ownership and Copyright of AI-Generated Content

Terms of Service (TOS): The TOS...
View More

View More Answers

1 Answer | Asked in Copyright, Civil Rights and Intellectual Property for Ohio on
Q: Are Facebook administrators liable for Content posted in the group

If members post pictures of items containing registered trademark brands. Is that a crime?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 22, 2024

The liability of Facebook administrators for content posted in their groups can vary based on local laws and the specific circumstances of the content shared. Generally, administrators are encouraged to monitor and manage their groups to prevent illegal activities, including the unauthorized use of... View More

1 Answer | Asked in Copyright, Trademark and Intellectual Property for Ohio on
Q: More than one entity can own a trademark? Like (Sun's out guns out). Has more than one serial # ownership

The original person that trademarked this phrase did not renew their trademark license on it. Now there are at least two or more people who trademarked this phrase.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 20, 2024

Yes, more than one entity can hold a trademark for the same phrase if the marks are registered for different classes of goods or services. This means that the phrase "Sun's out guns out" could be trademarked by different parties, each using the phrase in a different context or... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Ohio on
Q: I'm starting a beverage company and would like to name it Moana, but am unsure about if I'm able to use that name.

Obviously Disney has their film titled MOANA, but seeing as it's just the Hawaiian word for Ocean, would I be within my right to use that name in a different industry? Or am I asking for trouble?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 27, 2024

Choosing a name for your beverage company is a crucial step, and it's understandable why the name "Moana," with its beautiful meaning and connection to the ocean, appeals to you. However, it's important to consider the implications of using a name that is also associated with a... View More

1 Answer | Asked in Copyright and Intellectual Property for Ohio on
Q: Are their any copyright for Mako Mermaids by Jonathan m Shiff Productions?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 30, 2023

"Mako Mermaids," also known as "Mako: Island of Secrets," is a children's and teenagers' television series created by Jonathan M. Shiff. It is produced by Jonathan M. Shiff Productions in association with Network Ten, ZDF, and Netflix. As a professionally produced... View More

1 Answer | Asked in Copyright, Libel & Slander and Trademark for Ohio on
Q: Criticized a city logo for looking like a local business' trademarked logo. Will I be pursued for defamation?

City logo was designed by a city official in their freelance business. I stated that the city and designer should expect an injunction from the company with the trademarked logo. I was posting on social media as a concerned citizen. I stated that the level of carelessness in the logo could be... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 3, 2024

Truth is generally the strongest defense against defamation claims, and expressing your honest opinion about potential trademark issues would likely be protected speech. Your comments appear focused on legitimate public concerns about government spending and potential legal risks to taxpayers,... View More

1 Answer | Asked in Copyright and Intellectual Property for Ohio on
Q: Can I use a fraternity hoodie in a pornographic film that I sell for profit?

filming would take place in Illinois

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 16, 2024

Using a fraternity hoodie in a pornographic film that you intend to sell for profit involves several legal considerations. Fraternity hoodies often feature logos, symbols, or designs that are protected by copyright or trademark laws. Unauthorized use of these elements can lead to infringement... View More

1 Answer | Asked in Copyright, Identity Theft, Intellectual Property and Trademark for Ohio on
Q: Can I use an AI created cartoon image of Donald Trump and Sean Hannity on an album cover?

I would use the Wonder app.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 25, 2024

Using a cartoon image of public figures like Donald Trump and Sean Hannity for commercial purposes, such as an album cover, can raise legal concerns. Even though public figures have less protection under right of publicity laws, you might still face legal risks, especially if the images suggest... View More

1 Answer | Asked in Copyright for Ohio on
Q: Will i get into legal trouble naming my photography page "Triforce Imaging?" (From The Legend of Zelda)
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 25, 2024

Naming your photography page "Triforce Imaging" could potentially lead to legal issues, as "Triforce" is a well-known symbol from *The Legend of Zelda* franchise, which is owned by Nintendo. Nintendo is protective of its intellectual property, and using a recognizable element... View More

1 Answer | Asked in Copyright and Intellectual Property for Ohio on
Q: How can I protect printables/digital products from being stolen?

I am looking into selling printable products online, but I am concerned that my designs/quotes may be taken and sold by others. Is there a way I can get my designs and quotes copyright protected in the name of my LLC?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 2, 2024

To protect your printable and digital products from being stolen, you can take several steps. First, ensure you register your designs and quotes with the U.S. Copyright Office. This provides you with legal protection and the ability to enforce your rights if someone copies your work without... View More

1 Answer | Asked in Copyright for Ohio on
Q: Am I potentially violating a trademark/copyright

I am creating a children's picture book and want to illustrate with photographs of people/objects made of acorns and other stuff from the woods. David M. Bird has inspired some of my creations and they may look similar. Would my creating/ photographing and selling the book create a legal... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 29, 2024

Creating a children's picture book with your own photographs of people and objects made of acorns and other natural materials is generally acceptable. Your inspiration from David M. Bird is fine as long as your creations are original and not direct copies of his work. It's important to... View More

2 Answers | Asked in Copyright and Intellectual Property for Ohio on
Q: When a photo is taken on private property with permission of the property owner who owns the image?

I take images at motorsports venues and want to clarify who is the owner of the photo. The photographer, the property owner of both?

Thank you.

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Aug 21, 2023

The photographer is owner of the copyright in the photo, unless he has been hired to do it, in which case the employer owns the copyright as a work-for-hire.

View More Answers

1 Answer | Asked in Copyright and Intellectual Property for Ohio on
Q: I am making a children book. For that, I use AI to help me make the pictures. Who has the copyright to pictures from AI?

I provide my own prompts to make the pictures of AI. I also plan to edit them a little so they exactly look the way I want them. at least some of them. Does it make a difference if I change something on them?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 18, 2023

The question of who owns the copyright to pictures created by AI is a complex and evolving area of law. In general, copyright law grants ownership of creative works to the human author or creator of the work. However, in the case of AI-generated works, the question of authorship and ownership can... View More

1 Answer | Asked in Copyright, Criminal Law, Personal Injury and Gaming for Ohio on
Q: How does it effect the non custodial parent if the mother and child now adult are in a troubled situation living with a
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 29, 2023

This is not a copyright question. Direct this towards family law.

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.