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... Read 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.
I want to make a blog about exterior remodeling and we do a lot of James Hardie products. So my main source of content would be tips and tricks for installing as well as reviews and other aspect of home remodeling. But I don't know if It'll be copyright to the series The Hardy Boys as... Read more »
answered on Aug 22, 2022
Although James Hardie Industries owns the trademark HARDIE for siding materials, your use of the word as the name of an informative blog would not be infringing. Regarding the old Hardy Boys works of fiction, the titles themselves are not the subject of copyright and your use would be... Read more »
I obtained my trademark for "The Cheesecake Fairy" last year. I have been in business for over 7 years and finally decided to trademark my name. A bakery in another state is now calling themselves "The Cheesecake Fairy" and I fear this will cause great confusion for when I... Read more »
answered on Mar 12, 2022
Your federal trademark registration for THE CHEESECAKE FAIRY (no. 6377579, for baked goods and store services since 2018) provides the ability to sue infringers in federal courts throughout the nation. Whether you can sue in your own state or in the state of the infringer, is a question that an... Read more »
answered on Nov 30, 2021
First, you should consider registering the curriculum with the Copyright Office -- there are a number of benefits to doing so.
A license is a kind of legal contract. You can find forms for non-exclusive licenses to copyrighted works online. But to make sure it serves your specific... Read more »
An organization wants to use the curriculum I co-authored.
answered on Nov 30, 2021
You should consider copyrighting your product. Your license is a private contract, unless you are transferring full ownership you should not have to register anything.
Consult with an attorney.
1st Question: Would this fall safely under parody? (Yes I believe it to be parody and not satire as the image and words only produce comedic effect with the knowledge of the video game elements and stand alone does not create a comedic effect)
I used photoshop to impose two copyrighted... Read more »
answered on Nov 8, 2021
It's not clear from your description what the superimposed images are a parody of. A parody is a "humorously exaggerated imitation" that borrows from a copyrighted work in order to make fun of it. So, it's very difficult to even comment (let alone give advice) without more... Read more »
There is a local business in my area marketing merchandise with unauthorized use of a trademarked "Stay Salty" logo
answered on Oct 29, 2021
The trademark owner identity and contact information is publicly available at the "Trademark Status and Document Retrieval" site within the US Patent and Trademark Office website. You would first search for the mark via "TESS" -- the trademark search engine available at... Read more »
I was employed by that newspaper as a copyeditor, not a writer. My articles were also posted online.
answered on Oct 12, 2021
Check if you had any contract with the company. Consult with an attorney.
To clarify, I would like to use the character as a cosplay with no mention to the characters name. The idea would be to interact as the character while gaming.
answered on Jan 4, 2021
This course of action runs a high risk of copyright infringement. Copyright protection extends to television characters and television shows. It is also possible this show has a trademark separately on the show name as well. As always, please consult an experienced intellectual property before you... Read more »
My question is about avoiding violating a third-party trademark.
Here’s a quick summary:
A third party, let’s call them “Tower, Inc.” took a dead trademark (which lived from c. 1870-1970) and filed to bring it back to around 2000. Tower, Inc. now uses the trademark in new... Read more »
answered on Dec 28, 2020
It depends on how you use the trademarked image. Trademark infringement depends on a lot of factors such as: (1) strength of the marks, (2) relatedness of the goods, (3) similarity of the marks, (4) evidence of actual confusion, (5) marketing channels, (6) degree of consumer care, (7)... Read more »
I took a picture of the VW logo, photoshopped it into artwork, will I get sued if I put it on a shirt that I would sell?
answered on Oct 24, 2020
This is never an easy question. There are ways to "transform" copyrighted and trademarked works in a way that "fair use" rights will apply. However, I tell my clients not to mess with big established brands and logos. It may end up in having to scrap your project, pay... Read more »
I took a picture of a Porsche and I want to use that picture as a shirt design to sell. Will I get sued for selling that shirt?
answered on Oct 24, 2020
You can never tell for sure if someone (or a company like Porsche) is going to sue you for using their car and trademarked logo commercially on shirts. Me, I would not take my chances knowing what I know. I would probably try to create my own dream car and own unique logo.
I am a Marine and a certified personal trainer, I named my business Marine fit. My business makes money and I am currently turning it into a official LLC. I should have the LLC done in a few days. I read on Marines website they do not authorize the use of USMC or their logos/brands for other... Read more »
answered on Sep 26, 2020
Hi there,
First, thank you for your service! Second, good on you for asking these questions ahead of time! Third, congrats on starting your business!
To the merits ...
Your risk of upsetting the USMC to the point of eliciting a Cease and Desist letter here is relatively... Read more »
Hi. I have a question about intellectual property and copyright. If I’ve written a book, how do I know if my book title is taken or if it’s too similar to other book titles? For example could I title it “The Adventures of Ozzy, the Big Blue Dog” or would that be in violation of the... Read more »
answered on Sep 26, 2020
The short answer is that it depends on how litigious the rights holders would be. Based solely on the information in this this hypothetical, your risk of infringement would be low. That said, characters are subject to copyright protection so an A-to-B comparison of the character(s) would need to... Read more »
The jerseys do not use any similar colors or shapes of the player’s real team. Also, this made up alphabet that I create will not be disclosed. So it will take other people to “crack the code” if you will, but numbers and length of names will be clues.
answered on Sep 23, 2020
Be careful about the NBA's trademarks, and the players' rights of publicity here. But if it's not readily apparent that you're pointing to another's trademark; or that the players' identities are readily discernible, your risk of infringement here is quite low.
answered on Sep 23, 2020
Generally speaking, using copyrighted content for educational purposes is squarely within the "fair use" doctrine of copyright law. Without knowing a bit more about your situation, it's difficult to answer this fully, but your risk of infringement here is very low.
I.E. If you pay a photographer to take a picture of a professional athlete, can you then sell that picture on clothing? Since you now technically own the image.
answered on Jun 28, 2020
There are two elements here – rights to the image under copyright law and rights to the use of the image related to rights to publicity/likeness/privacy related to the famous person (and maybe others). You are claiming rights to the image under copyright. You need to clear the rights related to... Read more »
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.
