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Ohio Copyright Questions & Answers
1 Answer | Asked in Copyright and Patents (Intellectual Property) for Ohio on
Q: Copyright infringement and Patents

If I design a device similar to Patent number: 9033760 but not a direct copy and is a DIY project. Where the purchaser receives 3d files to 3d print the pieces and assemble the system themselves.

Kevin E. Flynn
Kevin E. Flynn answered on Sep 16, 2020

Let's assume that what you send in your files allows users to use 3D printers to create all the pieces needed to make what is in claim 1 of the cited patent.

1. An interchangeable, modular display system for miniature models used in wargaming, comprising:

a display panel...
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2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Ohio on
Q: Are the drawings in a patent also public domain when a patent is expired, or is there a copyright attached limiting use?

I'd like to print and sell drawings from expired patents as art pieces. Is this legal?

Kathryn Perales
Kathryn Perales answered on Sep 3, 2020

Drawings included in a published patent application are in the public domain, under long standing US law. In the unlikely event that a copyright notice is included on the patent drawing in the patent application, you should look twice. But, in most cases you can do whatever you want with... Read more »

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2 Answers | Asked in Copyright for Ohio on
Q: Can someone screenshot a picture i upload to facebook of myself and 2 people and send it to others

I uploaded a picture of my friend, my cousin, and myself to Facebook. Then without my consent or knowledge some people were screenshoting it and sending it to other people. Is this illegal?

Matthew Williams
Matthew Williams answered on Aug 31, 2020

In general, yes that is legal. Under certain circumstances it may become illegal or be part of an illegal activity. But when you post something online, you are putting it out there.

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1 Answer | Asked in Copyright and Intellectual Property for Ohio on
Q: i run a large social platform and have got some copyright claims, the copyright holder refuses to work with me.

is there any legal process i can go through to get claims resolved on a un-responsive holder?

Jason Brooks
Jason Brooks answered on Aug 3, 2020

Not really. except for certain streaming music licenses, copyrighted work does not require a compulsory license, and so if the copyright holder does no want to work out a license to you, they are under no obligation to do so.

1 Answer | Asked in Copyright, Estate Planning, Family Law and Patents (Intellectual Property) for Ohio on
Q: Do i need permission from her parents/family to name my foundation after my late girlfriend

I live in Ohio and they live in California. Its for a non-profit and non-charitable, if thats a thing, foundation. It's to make changes, not money, for what people like her went through ex: wheel chair measurements and kidney failure sense birth

Nicholas P. Weiss
Nicholas P. Weiss answered on Jul 2, 2020

No. You do not need their permission. A person's name cannot be copyrighted or trademarked.

3 Answers | Asked in Copyright and Trademark for Ohio on
Q: How do I go about patenting my last name (Blunt)and if I do should I retain a attorney
Joseph Jaap
Joseph Jaap answered on Jun 25, 2020

Names are not patentable or copyrightable. In most cases, not trademarkable either. Use the Find a Lawyer tab to consult a local intellectual property attorney to review with you.

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1 Answer | Asked in Copyright for Ohio on
Q: If I have an idea for a game written down, but I haven't made the game itself yet, is it protected?

I have both a google docs page and a discord server with information on the idea, including level ideas, story ideas, character designs, etc. In the doc I have it stated who it belongs to with both my name and discord username. I do not have any actual coding or finished art, just text explaining... Read more »

Evelyn Suero
Evelyn Suero answered on Jun 7, 2020

Generally speaking, copyright does not protect ideas, concepts, systems, or methods of doing something. You may, however, claim copyright in the actual written expression of your description and ideas in writing or drawings.

2 Answers | Asked in Copyright and Trademark for Ohio on
Q: Is it copyright infringement if the logo itself is not altered or modified?

If i go to Starbucks and purchase a reusable cup, am I legally allowed to go home, personalize it with a name or decoration and resell it? I’ve read several things, such as the “first sale doctrine”, and that leads me to believe that this is legal as long as I am not reproducing the logo or... Read more »

Barbara Berschler
Barbara Berschler answered on Jun 6, 2020

When you buy the cup, you own the cup, but you do not own the copyright rights associated with the logo. Your additions could be considered as creating a derivative work without the copyright owner's permission. Also, you would be infringing upon the trademark, and, since Starbucks mark is... Read more »

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1 Answer | Asked in Copyright, Business Formation and Business Law for Ohio on
Q: Creating a online program to help pass state testing. Can I use questions from the textbook in the program

Should I reword questions or cite sources or both ?

Joseph Jaap
Joseph Jaap answered on May 19, 2020

Test questions are subject to copyright. And the testing companies have enough money to go after infringers.

2 Answers | Asked in Copyright for Ohio on
Q: Do I need copywriter permission to make a 1 time driver license image for a birthday cake

Using a picture of an Ohio drivers license I erased all the info and put my daughter information on it so it could be printed One time on a birthday cake. The cake decorated said I need permission to use it because the Oh DL is copyrighted. How do you get permission

Bill Hulsey
Bill Hulsey answered on May 14, 2020

No

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2 Answers | Asked in Copyright for Ohio on
Q: Is downloading copyrighted music, With no intent to distributing. Illegal?
Bill Hulsey
Bill Hulsey answered on May 10, 2020

Generally not, especially if you have paid for the download.

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1 Answer | Asked in Consumer Law, Copyright, Products Liability and Trademark for Ohio on
Q: Hello, If I wanted to get a pair of standard dumbbells manufactured with my brand name/logo. is that possible?

E commerce seller with business. Wants to sell dumbbells. does not want to be in trouble with patent law. Your help would be appreciated.

Thank you,

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 19, 2020

Yes.

Unless there are other details beyond what you have posted, you should be able to buy from anybody a standard product and put your trademark there.

You need to file for a trademark of course.

always consult with an attorney.

Marcos

www.legalbizglobal.com

480 324 6378

1 Answer | Asked in Copyright for Ohio on
Q: Does a website have to be predominantly news reporting in order to qualify for section 107 the fair use copyright act?

For example, a website that does news reports about consumer equipment but also posts other articles and how-to's - does this mean they don't qualify for the fair use doctrine above?

Barbara Berschler
Barbara Berschler answered on Apr 4, 2020

You ask an interesting question concerning "fair use" in the context of copyright protection. Copyright protects the expression of an idea, not the idea itself. So, you can write articles on any subject provided you express the "ideas" in the articles in your own words. The... Read more »

1 Answer | Asked in Contracts and Copyright for Ohio on
Q: If I use a drawing of a girl that resembles Freddy Krueger and put it on a makeup eyeshadow cover will I be in trouble?
Tania Maria Williams
Tania Maria Williams answered on Mar 3, 2020

The Craven estate owns the rights to Freddy Krueger and are actively enforcing them. Just last year, a company that makes action figures based on the Nintendo versions of Freddy and Jason has to stop production because of the ongoing legal battle over the rights to the characters. I wouldn’t... Read more »

1 Answer | Asked in Business Formation, Civil Litigation, Copyright and Intellectual Property for Ohio on
Q: Do I need to pay to research a copyright where one is claimed but cannot be found in US Copyright Offices online search?

This is regarding a litigation I would like to bring to light in Ohio. Its very specifically plagiarism and the plagiarist has even used my penname. There are many specific parts of this that make it very difficult, one being I was a minor aged 13 when I wrote it and the law says I have no right to... Read more »

Carl G Hawkins
Carl G Hawkins answered on Feb 27, 2020

It’s technically infringement because copyright protection begins when you put pen to paper. However, you must prove that you created the work in the first place. That might be tough to do in your predicament. Always a good idea to register your works with the copyright office, and always use an... Read more »

1 Answer | Asked in Copyright and Intellectual Property for Ohio on
Q: Under fair use, is a 501(c)(3) non-profit org permitted to use copyrighted images in a YT video for educational purpose?

I'm talking about still (not moving) images, obtained without a license, in a video work that criticizes religious or political developments for the sake of advancing public knowledge, without any profit motive whatsoever, and without any financial gain.

Joseph Jaap
Joseph Jaap answered on Jan 27, 2020

If you are sued for infringement, fair use would be your defense in court. But the outcome would depend on all the facts and evidence submitted to the court. Sometimes the person with the most money to spend on litigation wins. If the court finds it is an infringement, and not a fair use, it can... Read more »

2 Answers | Asked in Copyright for Ohio on
Q: Can you publish a book as a sequel to a CS Lewis series not in public domain? No changes were made to his original work.

Chronicles of Narnia: Susan was left behind in the final book "The Last Battle". Lewis recognized the story was incomplete in a 1960 letter to Pauline Bannister and suggested she finish it. This is my attempt to do just that and complete Susan's story. I was very careful to make no... Read more »

Joseph Jaap
Joseph Jaap answered on Jan 17, 2020

There is a lot of fan fiction published on-line, so it is difficult for the owners of copyrights to monitor all that. But since the Narnia books have been made into movies, the production companies or whoever still owns the rights to those works could take action against you. Use the Find a... Read more »

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2 Answers | Asked in Copyright for Ohio on
Q: is it legal to use part of a poem, written in 1794, in a song written now?

i'm writing a song and i like the line "tiger, tiger, burning bright" which was a poem published in 1794. would it be safe to include it in my own writing or do you think i would still be sued by the writers family or estate?

Joseph Jaap
Joseph Jaap answered on Jan 9, 2020

If the poem has passed into the public domain, then it would be available for anyone to use. If it was written that long ago, it probably is now in the public domain. And even if a work is copyrighted, if only 4 words of a copyrighted work are used, that might not be enough to be an infringement.... Read more »

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2 Answers | Asked in Copyright and Patents (Intellectual Property) for Ohio on
Q: How do i find out if someone has a patent on an idea

I worked for a company that had many non-disclosure agreements

Enrico Schaefer
Enrico Schaefer answered on Oct 24, 2019

Hi. Good question. You have to do a prior art search. Not an easy thing to do, often containing two levels. First is a outsourced company doing the prior art search. Second, a patent attorney analyzing and providing opinions on the prior art.

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1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Ohio on
Q: I would like to have a hard copy of a patent I originated. How much does that cost?

Worked for Lennox Industries for 19yrs; this was my final project. Even the events to my termination were questionable; at best, in my estimation.

Kevin E. Flynn
Kevin E. Flynn answered on Sep 28, 2019

Congratulations on being an inventor on a US patent. You can download a PDF of the patent at https://patents.google.com/patent/US10337727B2/en?oq=10337727 and then print the patent out.

If you want the patent on some thicker stock, you can buy one from the USPTO for $3. I have not done...
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