Google, I posted on a social media page with intentions just to share my ideas. people asked if they could buy the PDF from me to print their own. I didn’t claim anything as my own and realized afterwards that this could be counted as copy right. Am I going to go to jail over this??? I am having... Read more »
answered on Jul 14, 2022
You do not go to jail for copyright infringement of this type, if it is even copyright infringement. People making counterfeit DVDs or the like on a massive scale are the ones who go to jail. Whether or not what you copied is even copyrighted or copyrightable is a different story and would require... Read more »
Some work can be observed, many require mirrors and tricks to find (102 so far). Some are public domain, most are not. The artist can only be understood through deconstruction and reconstruction. At first I thought it was all public domain, before I understood there were loop holes. I now have... Read more »
answered on Jun 4, 2022
In a nutshell, no. Copyright belongs to the creator/author (or their heirs/assigns), and you are not the creator. You could write a book about it and own the copyright to your book.
For instance, CPK is copyrighted by the Cabbage Patch Kids company. So if someone uses CPKCLAIRE would that be infringement? Specifically the ending of a URL, like blogspot.com/cpkclaire.
Update: In regards to Michael’s answer, CPK is a registered trademark, so if someone uses it with... Read more »
answered on Jan 13, 2022
No, because you cannot copyright initials or even a signature. But, you can trademark initials and signatures.
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 »
answered on Oct 17, 2021
Depends. You should consult with an attorney and make sure you understand the terms and conditions of the museum.
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???
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.
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 »
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.
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 »
More specifically, if I use a Rawlings baseball and make earrings with the logo on the earrings, is that copyright infringement?
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.
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?
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.
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 »
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 »
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.
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 »
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 »
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 »
It's being used in reference to the city of Portland. More of just a fancy way of saying Portland.
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.
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
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.
answered on May 27, 2019
Basically no. You could get a license from them (IBM?), but that is about it.
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 »
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 »
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
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.
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 »
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 »
Can other people use it? Or is it property of Paramount/CBS like I expect?
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.
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.
