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Oregon Copyright Questions & Answers
1 Answer | Asked in Copyright and Trademark for Oregon on
Q: I'm in a guitar build site and the question is one of trademarks.

If I put a logo, say "Fender" on a "look alike" for personal use only, am I breaking the law? I know if I try to sell it as a genuine "Fender" I would be guilty of fraud. But where is the line between personal use and fraud?

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Nov 13, 2017

The thing is, my guess is you want it on there so that when people see you play they think it is a Fender. But its not. So, when you say it is for personal use, I am a bit skeptical if that is entirely accurate.

Otherwise, I would venture that even by just putting it on there, there could...
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1 Answer | Asked in Copyright for Oregon on
Q: I received a letter today: from another Etsy designer stating that I can not use my design

Because it is similar to hers. I used my own image, design and ideas to create this. Yes it looks similar to hers but isn't. I tried to attach the letter but it is too long. Here is part of it?

In light of the above, I must insist that you immediately cease and desist from all... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Oct 24, 2017

This is a rather complex question, and one that in many ways becomes a matter for a jury. Similar to what is the meaning of life.

That said, if your business is profitable, might consider sitting down with a copyright attorney; if not profitable, might not be worth the fight/hassle.

3 Answers | Asked in Business Law and Copyright for Oregon on
Q: Hobby Lobby selling my art without permission

I am a graphic artist and sell my creations on Etsy. I display them with watermarks on the images and remove them when purchase is made. I recently became aware that they are selling bottles with my images (along with the watermarks) as labels on the bottles for as long as the last 3 years. The... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Aug 10, 2017

You do have some recourse. If you registered your images with the Copyright Office you have better options, but at the least you could send a take down letter/cease and desist letter.

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1 Answer | Asked in Copyright and Intellectual Property for Oregon on
Q: Hi, i wish to know if copyright subsists if my work was extorted out by someone and subsequently used

I was forced to perform work for a former classmate during university. The latter did this by means of death threats and other blackmail acts. I complied and authored the said person's final year project for her. The person has since passed this work off as hers and has used it for commercial... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Aug 5, 2017

Potentially, but the statute of limitations is 3 years on copyright infringement. So, you may need to act quickly.

1 Answer | Asked in Copyright for Oregon on
Q: Am I violating copyright law?

I have a concern about a copyright laws. So I was designing my art for my Graphic Tee when I realized that I may have been violated a copyright grounds. What I drew is a Maleficent's crown with a quotes from the movie 'Maleficent'. So I was wondering did I violate any copyright... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Jul 20, 2016

First, it would likely not be fair use as it appears you are looking to perhaps sell copies of your work. Without seeing your work and what the original looks like it would be difficult to tell if you were or were not infringing.

1 Answer | Asked in Copyright for Oregon on
Q: Is it illegal to watch movies online? Without downloading anything.
Mark B. Saku
Mark B. Saku answered on Jun 18, 2015

Watching itself does not constitute copyright infringement. Using a reference to a colleague who previous used this example, you are not infringing copyright by watching a band perform cover songs on stage.

However, copyright infringement in the United States is a strict liability offense....
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