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Pennsylvania Copyright Questions & Answers
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 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 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.

James L. Arrasmith
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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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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?

James L. Arrasmith
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answered on Feb 25, 2023

In the United States, the length of copyright protection for works created by a corporation, such as Sony owning the Sly Cooper trademark, is generally 95 years from the date of publication or 120 years from the date of creation, whichever comes first. So, since Sly Cooper was created in the early... View More

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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 for Pennsylvania on
Q: Can I make a play on a name of a series for the name of a blog.

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... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
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... View More

4 Answers | Asked in Copyright and Trademark for Pennsylvania on
Q: What do I do when you become aware someone is using your registered trademark in another state?

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... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
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... View More

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1 Answer | Asked in Copyright for Pennsylvania on
Q: I have a copyright on a curriculum I co-authored. I need to create a non-exclusive licensing agreement. What do I do?
Robert Kost
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Robert Kost
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...
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2 Answers | Asked in Copyright for Pennsylvania on
Q: How do I create a non-exclusive license for my copyright? Do I need to report it to the copyright office?

An organization wants to use the curriculum I co-authored.

Marcos Garciaacosta
Marcos Garciaacosta
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.

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2 Answers | Asked in Copyright, Intellectual Property and Trademark for Pennsylvania on
Q: Copyright, Trademark, and Parody.

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... View More

Robert Kost
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Robert Kost
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... View More

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1 Answer | Asked in Copyright for Pennsylvania on
Q: How do I notify a trademark owner of illegal use of their property?

There is a local business in my area marketing merchandise with unauthorized use of a trademarked "Stay Salty" logo

Robert Kost
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Robert Kost
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... View More

1 Answer | Asked in Copyright for Pennsylvania on
Q: I donated articles to a Pennsylvania newspaper without compensation-published under my name. Can I republish elsewhere?

I was employed by that newspaper as a copyeditor, not a writer. My articles were also posted online.

Marcos Garciaacosta
Marcos Garciaacosta
answered on Oct 12, 2021

Check if you had any contract with the company. Consult with an attorney.

1 Answer | Asked in Copyright for Pennsylvania on
Q: Can I use a copyrighted character such as a dc comic book character for twitch streams and YouTube content creation?

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.

Marcos Garciaacosta
Marcos Garciaacosta
answered on Sep 30, 2021

No. You should consult with an attorney.

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