Lawyers, Answer Questions  & Get Points Log In
Oregon Copyright Questions & Answers
2 Answers | Asked in Copyright for Oregon on
Q: Is a piece of folk art, created in 1831, owned by a museum, in the public domain for the purposes of creating a likenes

The museum acquired the piece in 1941 and declares that the website image is in the public domain with no restriction on use. The item is a cross stitch sampler. I want to create and copyright a pattern for others to use to recreate the sampler. I intend to profit from my use of the likeness of the... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Oct 17, 2021

Depends. You should consult with an attorney and make sure you understand the terms and conditions of the museum.

View More Answers

3 Answers | Asked in Copyright, Business Formation and Insurance Defense for Oregon on
Q: Can I use a like image of PennyWise on my Tattoo Shops logo?

My company's name is INK Therapy, or "IT"

AND the slogan is,"Sit down and deal with IT"

I'm trying to find out if I can use PennyWise's image???

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Oct 10, 2021

Basically no, as you would presumably infringe on someone's copyright and also likely a trademark.

I try to make it simple: If you are trying to make money off of someone else's work, there is likely a problem.

View More Answers

1 Answer | Asked in Copyright for Oregon on
Q: Am I considered an author for a Photoshop edited image that was made from 2 different Creative Commons images?

So the 2 photos used were under Creative Commons 4.0. The new image I designed aesthetically and artistically looks different but doesn't really transform the meaning of let's say original work (although the 2 original photos are not full of meaning themselves, one is just a city skyline... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on May 6, 2021

Consult with an attorney.

Depending on the license agreement you may not have any protection for the derivatives.

Check the commons license.

1 Answer | Asked in Copyright and Trademark for Oregon on
Q: It looks like "the sorting hat" is TMed for toys and the like, but that I could use it in a coffee shop name, correct?
Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Apr 21, 2021

Just because there is no federal US trademark on it does not mean it would be fair game. An analysis would be much deeper. Besides, there are three live marks for "the sorting hat" and one is for a bunch of printed material. If you look at that, let's say you could open a coffee... Read more »

1 Answer | Asked in Copyright for Oregon on
Q: Is it legal to purchase baseballs, cut them up with parts of the logo showing, and then use to make jewelry?

More specifically, if I use a Rawlings baseball and make earrings with the logo on the earrings, is that copyright infringement?

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Apr 14, 2021

Copyright would likely not be the issue as the Rawlings and/or MLB logos are likely not copyrighted (nor likely copyrightable), but you could have a trademark issue. The issue would be similar to an extent of the recent Lil Nas X Satan shoes issue that Nike sued over.

1 Answer | Asked in Copyright for Oregon on
Q: Copyrighted photograph, recreated and manipulated for my album cover. Do I need to purchase rights to use original pic?

My artist essentially re-created a photograph that is licensed (in the UK) using Pastel paint, and then a graphic designer manipulated the painting a little further to create my album cover. Should I seek out and purchase the rights to use the original photograph?

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Mar 26, 2021

This sounds like a derivative work, so if that is the case, you would most likely need to get a license.

2 Answers | Asked in Copyright for Oregon on
Q: How can i trademark the phrase 'If it flies it dies'? i searched it and it says the status is cancelled.
Evelyn Suero
Evelyn Suero answered on Jan 6, 2021

A cancelled trademark registration does not mean that a trademark is no longer is use. Moreover another business may have started using a similar mark for similar goods/services. Before submitting a trademark application, it is recommended that you work with a trademark attorney to assist you with... Read more »

View More Answers

1 Answer | Asked in Copyright for Oregon on
Q: Is YouTube Audio License music free to use everywhere - or just YouTube?

I have a question about copyright law. Youtube Audio Library has multiple songs under their "YouTube Audio Library License" . The license details read,

"You’re free to use this audio track in any of your videos, including videos that you monetize. No attribution is... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Nov 19, 2020

One would need to review the entire contract to be able to provide a proper opinion. Odds are, the music is likely only for use on YouTube.

2 Answers | Asked in Copyright, Intellectual Property and Trademark for Oregon on
Q: Can I trademark Floyd D Duck? I think the trademark has lapsed
William Scott Goldman
William Scott Goldman answered on Jul 8, 2020

Well, assuming the grace period has already expired and there's no common law use or federal registration(s)/pending application(s) for anything identical or similar in the relevant categories, then you could attempt to register the mark. I'd recommend hiring a trademark attorney to... Read more »

View More Answers

3 Answers | Asked in Copyright and Intellectual Property for Oregon on
Q: How do I get copyright of my photos?

I have a store on eBay and noticed that other sellers are using them without my permission and now I found a company using my photos .. its frustrating because I took the time, patience, and dedication to take each photo and for someone to just use them is not fair, I've tried contacting the... Read more »

Barbara Berschler
Barbara Berschler answered on May 26, 2020

Without doing anything special, you already own the copyright in your photos. That being the case, you could proceed under the Digital Millennium Copyright Act (DMCA) to notify the internet service provider where the photos are being displayed. Check the Terms of Use of the ISPs to follow the... Read more »

View More Answers

1 Answer | Asked in Copyright and Trademark for Oregon on
Q: If I wanted to title a book with "Portlandia" in the name, do I need to get permission? Or is this a commonly used name?

It's being used in reference to the city of Portland. More of just a fancy way of saying Portland.

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Feb 29, 2020

Depends on how you are using it. Portlandia is a trademark for several items, see the USPTO's TESS search for details.

2 Answers | Asked in Copyright and Intellectual Property for Oregon on
Q: I made a song with a free beat that the creator allows anyone to use and someone else who doesnt own it Copyrighted me

They have whole different lyrics just the same beat and they copyrighted my song causing me to unwillingly forfeit all future revenue I may make and I was wondering what I can do about it legally

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Feb 8, 2020

Unsure, as your information does not exactly make sense. The person who wrote the beat owns the copyright to that part, you would own the copyright to your lyrics. The other person would own the rights to their lyrics.

View More Answers

1 Answer | Asked in Copyright for Oregon on
Q: Can I use the trademarkednwords ¨Think Different¨ for a non-commercial magazine?
Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on May 27, 2019

Basically no. You could get a license from them (IBM?), but that is about it.

1 Answer | Asked in Consumer Law, Contracts, Copyright and Products Liability for Oregon on
Q: I won an abandoned storage unit in PDX owned by a film company. Can I sell the manuscripts/ reels/ photos back to them?

The unit contained not only the manuscripts/reels/files/notes/art for most of the films they have ever produced, but I have over 20,000 personal family photos dating back to the 1920's, and original artwork of a locally famous painter related to the films studio owner.

I want to... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Dec 22, 2018

The items are now your personal property. Keep in mind you only have the property rights, so some items would have intellectual property rights to them (for instance copyright on the manuscript) so you just own that copy, not the rights to the films.

The one thing to keep in mind, is if you...
Read more »

1 Answer | Asked in Copyright for Oregon on
Q: Say a brand that sells the exact same products and services as I do is named “Chris”.. could I name my brand “Chris!”??

Adding emphasis on the name.. using an exclamation mark consumers will say “Chris!” When talking about my brand and simply say the no fun... “Chris” when talking about another brand

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Jun 4, 2018

First, this would be a trademark issue, and secondly, I think there would be likelihood of confusion between the two marks.

2 Answers | Asked in Copyright for Oregon on
Q: I got dinged for image copyright violation. How to decide how much I should pay.

The company PicRights found a copyrighted image I used on a book review blog post seen by about 12 people. They want $110 for using the image on a commercial website. Is my site a commercial website? What determines a commercial website? There are no ads, nothing being sold but there are links to... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on May 23, 2018

Statutory damages are $750 on the low end, though a judge could lower it to $200. This assumes the work is registered, and they would also be entitled to attorneys fees and costs, which could be substantially more than the $750 that is likely.

As to a commercial website, do you make money...
Read more »

View More Answers

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Oregon on
Q: Is the Star trek logo/insignia trademarked

Can other people use it? Or is it property of Paramount/CBS like I expect?

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Apr 19, 2018

Without searching, I would say that is almost guaranteed that it is. As to use, there are some uses that would be allowed under fair use.

1 Answer | Asked in Copyright and Trademark for Oregon on
Q: trademark filed '17 has a 602 status. can I apply using same word but different graphic for similar purpose as describd

i don't see evidence of it's current use in commerce. but how to prove?

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Feb 27, 2018

You can, as it is abandoned, but that does not mean your registration will be successful.

1 Answer | Asked in Copyright, Communications Law and Entertainment / Sports for Oregon on
Q: Are we legally allowed to use names/addresses from old letters in new published works?

We purchased a stack of old letters (perhaps 70 years old), and would like to use them as the basis for a book/podcast/video series/photo gallery.

Is there any reason we couldn't use or sell works that contain the names/addresses/content/etc. or photos of the actual items? Are we... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Feb 6, 2018

This should not be an issue as to copyright, as addresses would not in this format likely be copyright-able.

Could be an issue as to personality rights though.

1 Answer | Asked in Copyright for Oregon on
Q: Hi there, Can I use the title of a poem for a company name? The Poem is from a published book.

And the name is not in the trademark database that I can tell.

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Jan 11, 2018

It is really impossible for any attorney to provide a comprehensive response without knowing what the name is. The state will literally let you register just about any name if no one else is using it. Trademark though is much harder to provide an answer, though if your search via TESS found... Read more »

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.