The debts (loans by me) of the corporation far exceed the assets of the corporation and the corporation cannot pay the requested settlement fee.
answered on Oct 31, 2018
Can't even answer without knowing more. Please call to set up an appointment.
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!
answered on Sep 11, 2018
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... View More 
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... View More
answered on Jun 6, 2018
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... View More
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.
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 /... View More
answered on Mar 31, 2018
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... View More
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... View More
answered on Mar 12, 2018
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... View More
answered on Feb 7, 2018
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... View More
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.... View More
answered on Jan 17, 2018
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... View More
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... View More
answered on Nov 28, 2017
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.... View More
Do I need a patent, trademark, or copyright?
answered on Oct 25, 2017
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.
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... View More
answered on Oct 7, 2017
Try the Electronic Frontier Foundation. They sometimes take cases involving DMCA harassment pro bono.
answered on Aug 11, 2017
You can ask them, but they have no obligation to tell you anything about their business dealings.
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... View More
answered on Aug 8, 2017
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... View More
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 ?
answered on Jul 31, 2017
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.
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.
answered on Jul 25, 2017
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.
Under Chapter 1 Circular 92 of US Copyright law, it states that a public performance can be meant "to perform or display it (a performance) at a place open to the public or at any place where a substantial number of persons outside of a normal circle of a family and its social acquaintances is... View More
answered on Jul 21, 2017
The copyright law does not provide a specific answer, beyond the text you quoted. Prior copyright cases that have been decided, might give a court's decision on a specific set of facts in a particular case. That decision might provide some guidance in a case of similar facts, but another... View More
Designed a simple logo for a friend to use at his place of employment a few years back, but they just recently forced his resignation and I no longer want them to use my logo. I was never paid for the logo and never gave any sort of formal rights of ownership to them, just sent him the file and... View More
answered on Jun 28, 2017
You were not an employee of this company, so absent a written transfer of rights, you retain the copyright in your work. As to the rest of your questions, an attorney will need to review any communications between you and your friend or his former company to determine what your rights may be.
The university exams are copyrighted by professors. I am planning on altering all the numbers, words and images before I start selling them online.
answered on Jun 7, 2017
It could be infringement. Access + similarity = infringement. If the professors have registered copyrights in those exams with the US Copyright Office, they can seek statutory damages for each item infringed. 17 US Code Section 504(C)(2): "In a case where the copyright owner sustains the... View More
answered on Jan 3, 2017
Yes, there could be problems. There is no requirement to register a trademark. Many famous marks are unregistered, and still enjoy legal protection at both state and federal law. The registration of a mark might be cancelled or expire, and the owner of the mark can still assert rights in the... View More
I recently discovered that my idea of invention had already been patented by another individual 5 years ago. However, the product is not available to this day and I passionately wish to bring this invention to life. What are my options?
answered on Dec 27, 2016
You can contact the patent owner and negotiate a license from the patent owner to produce the product or purchase the patent rights. Consult a local patent attorney.
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