Pennsylvania Copyright Questions & Answers

Q: I create decals on Etsy. One decal I created is a combing of all the Pittsburgh teams in one. Is this infringement?

1 Answer | Asked in Copyright and Intellectual Property for Pennsylvania on
Answered on Mar 5, 2019
Marcos Garciaacosta's answer
Nope. Most leagues have enforcement teams and will depend on how strongly they enforce their rights.

You want logos or brands that are as far away from those registered products as possible.

NFL owns the names, logos, art of all teams, so you run into problems the closer you get to those creations in your products.

Make a Consultation to understand your options.

Q: Can I sell illustrations of the entrance of a defunct amusement park that was sold at public auction/demolished in 1933?

1 Answer | Asked in Copyright for Pennsylvania on
Answered on Feb 4, 2019
Peter N. Munsing's answer
I don't see why not--assuming the images aren't copyrighted. If they were the copyright may have expired.

Q: I wrote an essay for a collection, and the editor completely rewrote it while still attributing it to me. Is it illegal?

1 Answer | Asked in Copyright for Pennsylvania on
Answered on Oct 28, 2018
Peter N. Munsing's answer
Read the fine print. If you get attribution, that's the major point. You can always redo another version your way.

Q: I'm a war/vintage style artist and I was wondering how can I legally use aircrafts and vehicles in all my prints?

1 Answer | Asked in Copyright and Trademark for Pennsylvania on
Answered on Jun 20, 2018
Peter N. Munsing's answer
As long as you aren't lifting the entire image and photo reproducing it no. You may paint a subject already painted--many art students do this. I'm not seeing the concern. If you are painting an aircraft shown in a photo it's not a copyright violation. I believe you may be over thinking this but if you have a specific concern why not ask a copyright lawyer.

Q: My former employer is refusing to remove pictures I took that are displayed on their webpage. Is this illegal?

1 Answer | Asked in Copyright for Pennsylvania on
Answered on May 29, 2018
John Espinosa's answer
It depends on who owns the copyright to the pictute, you or your former employer. Here is a resource from the copyright office that explains works made for hire: https://www.copyright.gov/circs/circ30.pdf

Q: Me and my friends are trying to start a clothing line

1 Answer | Asked in Copyright for Pennsylvania on
Answered on May 22, 2018
Benton R Patterson III's answer
It depends on several factors, such as the goods and services associated with the other mark, what is claimed in the application, how long the mark has been in use, among others. An attorney would need to review all the facts to answer this question.

Q: Can you use music in a presentation to teachers?

1 Answer | Asked in Copyright for Pennsylvania on
Answered on May 4, 2018
Peter N. Munsing's answer
If it's no charge then I believe if it's a limited use and no recording then you may use the music; if you are really concerned call the library of Congress copywright office.

Q: Do we have the right to make a PowerPoint with images of a book we own?

1 Answer | Asked in Copyright for Pennsylvania on
Answered on May 2, 2018
Benton R Patterson III's answer
Yes, you need to obtain permission from the copyright owner. Purchasing a book does not provide the right to reproduce images in the book.

Q: I quoted a famous person & credited the person online. Is that copyright infringement?

1 Answer | Asked in Copyright for Pennsylvania on
Answered on Apr 23, 2018
Benton R Patterson III's answer
In the vast majority of cases, using a short quote from another person's work is not copyright infringement.

Q: I have received a copyright infringement notification on my eBay account about a product I am selling.

1 Answer | Asked in Copyright and Intellectual Property for Pennsylvania on
Answered on Feb 13, 2018
Benton R Patterson III's answer
An attorney would need to review the two products to answer this question. From what you have described, it seems unlikely that your bracelet would infringe a copyright for the other bracelet. While jewelry is protected by copyright, the rights are not so broad as to cover entire design concepts. To infringe, your product would need to be nearly an exact replica. Based on your description, this is far from true. I recommend having an attorney prepare a response.

Q: I'm creating a campaign video using clips from popular music and tv videos. Can this be considered Fair Use?

1 Answer | Asked in Copyright and Intellectual Property for Pennsylvania on
Answered on Jan 31, 2018
Andrew Zulieve Esq's answer
Doubtful. Go online and read the section of the U.S. Copyright Act of 1976 which defines what is a fair use.

Q: Hello. Would this logo be an infringement of our logo? https://trademarks.justia.com/873/79/mf-87379413.html

1 Answer | Asked in Copyright and Trademark for Pennsylvania on
Answered on Jan 6, 2018
Michael Gerity's answer
Hello. You actually haven't provided what YOUR logo is, so it's impossible to compare the two.

Q: I want to start a business named RZR edge performance, would that create a legal trademark issue with Polaris Industries

1 Answer | Asked in Copyright and Trademark for Pennsylvania on
Answered on Jan 2, 2018
Benton R Patterson III's answer
It depends on what line of business you are in and the scope of the other trademark. I recommend discussing your business plans with a trademark attorney in a confidential conference.

Q: What are the legal risks for me selling a game system that looks like a nintendo nes but bears no trademark

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Pennsylvania on
Answered on Oct 16, 2017
Benton R Patterson III's answer
You could potentially be liable for trade dress infringement, which is very similar to what you are describing.

Q: My college merged with another school and the name was changed. Would I be able to print the old name on shirts to sell?

1 Answer | Asked in Copyright and Trademark for Pennsylvania on
Answered on Jun 3, 2017
Will Blackton's answer
You can find out if someone owns a live trademark on "Philadelphia University" by searching the United States Patent and Trademark Office's Trademark Electronic Search System. Pennsylvania also has a state trademark registration system, so search there also. If someone owns the trademark, contact them and obtain a license for your intended use. If your search doesn't turn up anything, you should contact an attorney in your state to determine your legal liability for using the name and logo...

Q: Can I use certain disney scrap kit for personal use on social media sites to make cover photos and profile pictures?

1 Answer | Asked in Copyright and Trademark for Pennsylvania on
Answered on Jan 27, 2017
Will Blackton's answer
You would have to consult with an attorney, there is not enough information in your post to determine if you're in danger of trademark infringement.

So, you have three options:

(1) make these cover photos without consulting a lawyer and risk a lawsuit;

(2) make these cover photos after consulting a lawyer, implementing any changes to your plan that they advise, and face a lesser risk of a lawsuit;

(3) do not make these cover photos and avoid the risk of a...

Q: Can I claim statutory damages and attorney costs if I registered my photos from multiple years in one submission?

1 Answer | Asked in Copyright for Pennsylvania on
Answered on Nov 11, 2016
Peter N. Munsing's answer
you may have a claim regardless of copywrite based on the contract. But you really should have an artists rights/copywright attorney look over your paperwork. Quantum meruit, unjust enrichment are other possibilities. Don't count on attorneys fees.Within the discretion of the court. Get a consultation anyway, and ask then.

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