Get free answers to your Copyright legal questions from lawyers in your area.
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 
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
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
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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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... View 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... View More
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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
There is a local business in my area marketing merchandise with unauthorized use of a trademarked "Stay Salty" logo
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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
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... View 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... View 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)... View 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?
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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... View 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?
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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... View 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... View 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... View 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... View 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... View More
I am paying a physics professor a consulting fee for help with a private entrepreneurial project. I haven't set anything up on my part as a business entity yet. But I want to protect the ideas I share while speaking with the professor during our consulting sessions. Can an NDA do the job, or... View More
answered on Jun 24, 2020
The NDA (which includes a non-compete provision) can be entered between two individuals - it does not need to be between business entities. Make sure the NDA is strong and thoroughly defines confidential information to include all forms that the information could be - in other words, the... View More
answered on Jun 17, 2020
Your new work may be considered a derivative work of the original song. A derivative work uses some or all of the original work and adds new elements. The copyright owner has the exclusive right to make derivative works. Therefore, if you made a derivative work without permission it could be... View More
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