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Pennsylvania Copyright Questions & Answers
2 Answers | Asked in Intellectual Property, Trademark and Copyright for Pennsylvania on
Q: Is it legal to use a simplified design inspired by a Heinz ketchup bottle for a business?

I am considering starting a "print on demand" business and would like to use a design inspired by a Heinz ketchup bottle. Specifically, I plan to use the shape of the original bottle and keep the shape of the white label. I may also include the green and yellow border on the label, but I... View More

Alan Harrison
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answered on Feb 19, 2025

This is likely to be a concern under "Trade Dress" law. Trade dress is really formally registered. It constitutes things like the shape of the bottle, the shape of the label, the green line around the label. You are seriously playing with fire if you intend to use Heinz Ketchup trade... View More

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2 Answers | Asked in Copyright and Intellectual Property for Pennsylvania on
Q: Can I sell clothing inspired by movies without infringing on the copyrighted work?

I have several ideas for clothing designs that would reference movies without using any images, quotes or characters from those movies, but I’m not sure if this is still copyright infringement. For example, I want to create a shirt that says “stay” and underneath has the morse code for that... View More

Dominique Young
Dominique Young
answered on Feb 13, 2025

To obtain a copyright, the created work must be of the owner's own original creative thought. Derivative works can be registered for a copyright if the work represents an original work of authorship. Basically, if the work that you create based off a previously registered copyright, the work... View More

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1 Answer | Asked in Copyright and Intellectual Property for Pennsylvania on
Q: Copy right issue after business buy out

Hello, I had prior business buy out due to conflict settlement. The person is still having my profile pics as being its owner. How can I file a case and what’s the outcome.

James L. Arrasmith
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answered on Apr 15, 2024

In a situation where your former business partner continues to use your profile pictures without permission after a business buyout, you may have grounds for a legal case based on copyright infringement and potentially misappropriation of likeness. Here's what you can consider:

1....
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1 Answer | Asked in Copyright and Intellectual Property for Pennsylvania on
Q: What is the legal precedent for using part of a song lyric in a book title?

I am working on a book and would like to use a portion of one of my favorite artist's song lyrics in my book title because it fits the subject of the book (this phrase is only between three and five words and is not the title of the artist's song, album, nor is it a complete lyric from... View More

James L. Arrasmith
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answered on Feb 4, 2024

Using a portion of a song lyric in your book title can raise copyright and intellectual property concerns. When you want to incorporate someone else's copyrighted work into your own, you may need permission from the copyright holder, usually the songwriter or their publishing company. This is... View More

2 Answers | Asked in Copyright and Intellectual Property for Pennsylvania on
Q: Can I use TV show audio clips on my podcast?

We will be discussing different true crime cases and breaking down true crime show episodes. Are we able to use short audio clips from the show we are discussing?

James L. Arrasmith
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answered on Feb 4, 2024

Using TV show audio clips on your podcast, especially for the purpose of discussing and analyzing true crime cases, can potentially raise copyright issues. TV show audio clips are usually protected by copyright, and using them without permission could infringe on the copyright holder's rights.... View More

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2 Answers | Asked in Copyright and Intellectual Property for Pennsylvania on
Q: Can I use TV show audio clips on my podcast?

We will be discussing different true crime cases and breaking down true crime show episodes. Are we able to use short audio clips from the show we are discussing?

Simone Nisbett
Simone Nisbett
answered on Feb 2, 2024

It is always best to obtain rights clearance/permission to use the works of others, including audio/video clips, especially if you’ll be generating any for-profit revenue. Commercial endeavors are typically less likely to be treated as fair use. However, you may have the benefit of claiming fair... View More

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1 Answer | Asked in Copyright, Intellectual Property and Internet Law for Pennsylvania on
Q: A person took all my kids photos from my Facebook and made a Facebook account and Added it collection of photos of kids

He also likes all the elementary school posts

James L. Arrasmith
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answered on Dec 19, 2023

In such a situation, it's important to take immediate action. First, you should report the unauthorized Facebook account to Facebook. They have specific procedures for dealing with accounts that improperly use personal images, especially those of minors.

You may also want to contact...
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1 Answer | Asked in Copyright for Pennsylvania on
Q: I’m in a band and we are planning on releasing an original that has a same basics of another song. Will we get sued?

I’m in high school and I’m in a garage band that has performed live before. We believe we are qualified to make original songs. At practice, I showed the band a riff I came up with. We made a song out of it, but are still working on it. I showed it to one of my friends outside of our band, and... View More

James L. Arrasmith
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answered on Jan 27, 2025

It’s common for songs to share similar chord progressions, especially in popular music where certain progressions are used often. What sets songs apart are elements like melody, lyrics, rhythm, instrumentation, and overall style. Based on your description, your song is faster, heavier, and has... View More

1 Answer | Asked in Consumer Law, Copyright, Intellectual Property and Trademark for Pennsylvania on
Q: Is it legal to sell UNBRANDED products on-line (via eBay) without restriction? Product not made by original manufacturer
James L. Arrasmith
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answered on Dec 21, 2024

Selling unbranded products online requires careful consideration of several legal aspects.

The legality depends on whether these products infringe on existing trademarks, patents, or intellectual property rights. While selling generic, unbranded items is generally allowed, you must ensure...
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1 Answer | Asked in Copyright for Pennsylvania on
Q: Is megalovania copyrighted? If I did a remix is it copyright?
James L. Arrasmith
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answered on Dec 11, 2024

"Megalovania," composed by Toby Fox for Undertale, is protected by copyright law, which means the original composition and recording are his intellectual property.

If you create a remix, you'll be making what's called a "derivative work" - this falls into a...
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1 Answer | Asked in Copyright and Legal Malpractice for Pennsylvania on
Q: what was the ownership name for WCAU-TV Philadelphia on September 10, 1995?

legal name

James L. Arrasmith
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answered on Nov 30, 2024

Based on my records as of September 10, 1995, WCAU-TV in Philadelphia was owned by CBS Inc., following NBC's sale of the station to CBS in a complex multi-station transaction earlier that year.

The ownership transfer occurred as part of major affiliation switches and station trades...
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1 Answer | Asked in Copyright and Business Formation for Pennsylvania on
Q: Can I use this logo for my business under my name

I want to use a picture saying I’d smoke that for my food truck but need to verify I can without permission

James L. Arrasmith
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answered on Oct 8, 2024

Using a logo or image for your food truck without proper authorization can lead to legal issues. It's important to ensure that you have the rights to use the specific picture you’re interested in. This typically means obtaining permission from the original creator or verifying that the image... View More

1 Answer | Asked in Copyright and Trademark for Pennsylvania on
Q: would jpwonka brand infringing any trademarks such as Wonka etc..?

I run a chocolate store and want to start a website jpwonka.com (my first name is JP)

James L. Arrasmith
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answered on Aug 30, 2024

When considering the use of the name "jpwonka" for your chocolate store website, you need to be mindful of potential trademark issues. "Wonka" is a well-known trademark owned by Ferrara Candy Company, which holds the rights to the "Wonka" brand associated with candy... View More

1 Answer | Asked in Copyright and Intellectual Property for Pennsylvania on
Q: If I wanted to get a one time permission to create a cookie with the Aperol logo on it, who would I write to?

I have been asked to provide this design on a cookie, for a bridal shower, and I'm wondering if this is possible for a one time permission?

James L. Arrasmith
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answered on Sep 11, 2023

Obtaining a one-time permission to use the Aperol logo on a cookie is a responsible step to ensure you are respecting the brand's intellectual property rights.

To seek permission, you should reach out to the legal or marketing department of Campari Group, the company that owns the...
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1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Pennsylvania on
Q: my innovation work was stolen, research and notes on to be patents, Can I protect my drawings at minimal cost ?

Im a patented inventor, my patents were jumped and improperly applied for a design patent and not a utility patent in the 80s, in 2021 or 2022 all my work over 50 yrs were removed from me and copied. I'm seeing my invention online being sold on facebook. 5 maybe more initial drawing were... View More

James L. Arrasmith
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answered on Jul 28, 2023

To protect your initial drawings and innovations, it is essential to consider applying for patents and/or copyrights. Patents protect inventions, while copyrights protect original works of authorship, including drawings. You should consult with an intellectual property attorney to assess the best... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Pennsylvania on
Q: If someone wanted to sue me for using a trade mark for example the trade mark is "everwild music festival" if I made art

That just said "everwild" is the infringing on their trademark?

James L. Arrasmith
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answered on Jul 10, 2023

Using the term "everwild" alone for your art, without any additional context or connection to the specific trademarked "everwild music festival," may not necessarily infringe on their trademark. Trademark infringement typically occurs when there is a likelihood of confusion... View More

1 Answer | Asked in Copyright for Pennsylvania on
Q: If I'm writing a book that has 5 quotes by celebrities in it, will this be considered legal under the fair act?
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jun 25, 2023

Under the fair use doctrine of U.S. copyright law, it is permissible to use limited portions of others' work including quotes, for purposes such as commentary, criticism, news reporting, and scholarly reports. Keep it short, put it in quotes, and attribute the source to be fully clear.

1 Answer | Asked in Copyright and Intellectual Property for Pennsylvania on
Q: What exactly needs to be cited when writing a non-fiction e-book on passive income and side hustle ideas?

I got most of the general ideas from ChatGPT and some from articles. I have sections labeled pros, cons, and tips, which are collected mainly the same way. I'm including sections about initial investment and expected income based on the average price of things taken from a multitude of... View More

James L. Arrasmith
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answered on Jun 18, 2023

When writing a non-fiction e-book on passive income and side hustle ideas, it is important to cite any sources that you use to support your ideas or claims. This includes any statistics, data, or other information that you gather from external sources.

In general, you should cite any...
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1 Answer | Asked in Copyright and Intellectual Property for Pennsylvania on
Q: Is it illegal to buy a reproduced print of artwork from a generic online website? The art was soldout by the artist

The artwork was no longer listed on the original artist’s website. I did a Google search and found a site call Rugsers that had the print for sell. I bought 2 different sizes, but the payment process made me wonder if the site was authorized to sell the prints.

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answered on Feb 25, 2023

It is possible that the reproduction prints being sold on the website could be infringing on the artist's copyright, especially if the website is not authorized to sell the prints. In general, it is important to make sure that you are purchasing artwork from a reputable source that has the... View More

2 Answers | Asked in Copyright, Trademark and Intellectual Property for Pennsylvania on
Q: If Sony as a company owns the Sly Cooper Trademark, when does that enter the public domain?

How I understand it, a work is protected for the authors lifetime plus 70 years, since it was created in the early 2000’s. And since a company or corporation is the author and can’t “Die” when would it go into the public domain? Is it just protected for 95 years and then it’s free to use?

David Aldrich
David Aldrich
answered on Feb 15, 2023

The timeframes you’re discussing relate to copyrights, not trademarks. For a trademark, as long as the owner continues to use the name and continues to timely submit the proper renewal forms and fees, their protection does not expire.

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