Get free answers to your Copyright legal questions from lawyers in your area.
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

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
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

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
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.

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.... View More
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

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
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?

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
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?

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
He also likes all the elementary school posts

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... View More
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

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

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... View More

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... View More
legal name

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

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

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
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?

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... View More
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

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

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

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.
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

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... View More
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.

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
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?

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.
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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.