Get free answers to your Copyright legal questions from lawyers in your area.
Am I protected with my copyright or does the trademark override my copyright?
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
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
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
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
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
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
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
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
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
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
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
If members post pictures of items containing registered trademark brands. Is that a crime?
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
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.
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
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?
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
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
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
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
filming would take place in Illinois
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
I would use the Wonder app.
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
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
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?
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
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
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
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.
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.
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?
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
answered on Mar 29, 2023
This is not a copyright question. Direct this towards family law.
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