I take character art from online, take out the background in Photoshop, make the character solid white; leaving only the outline and define the edges with a black stroke and then import the final product into a virtual table to resemble characters in our Dungeons and Dragons role-playing sessions... Read more »
If you are copying in any way from someone else's art work, you will be making a derivative work which would be an infringement unless you received permission from the owner of the copyright protected work.
Do I need to create a contract or we can agree on terms in e-mail or a freelancer can sign a paper in free form saying that whenever they get paid for their work they transfer copyright ownership to me? My website is just .com, it’s not registered as a company.
When working with an independent contractor it is good practice to have a signed written agreement where the contractor agrees that any intellectual property created while providing the services to you will be deemed "work for hire" and, if a court determines that the intellectual...Read more »
I can figure out recipes (may be or may not be true) of manufactured food products by using publicly available ingredients lists and my algorithms. I want to post them on my website and then rate products and review them - whether I find them healthy, safe, etc based on their ingredients amounts... Read more »
Reviews of a product have particular protections, but understand that some manufacturers are more litigious than others. If your algorithm is incorrect, and results in a misrepresentation of their product, they may try to pursue legal action.
Certain foods have its ingredients listed in a specific order. Based on that I created an algorithm that can calculate ingredients percentage in a formula (that may or may not be different from the manufacturer’s). Can I post my calculations on my website (of course I will mention that these are... Read more »
The question you pose could cover several areas of intellectual property. For example, a trade secret is not violated if you figure it out without violating a legal obligation to keep the secret. I assume you have no contract of non-disclosure with the manufacturer. If you can figure out the...Read more »
Say I was writing a fiction novel and wanted to overtly reference a distinct piece of visual art created by a real, living artist. Could describing it in detail in a literary work infringe on copyright? Specifically if I changed the context of the art, in this instance had the piece created by a... Read more »
You pose an interesting question, not easily answered based on what you have described. However, there is a concept in copyright law called "moral rights." Some countries, like France, take a broad view of the concept. In the US, moral rights are addressed in Section 17 U.S.C. 106A....Read more »
Take a look at the requirements for fair use of copyrighted subject matter. Here is a link to a page by Stanford University on the issue: https://fairuse.stanford.edu/overview/fair-use/what-is-fair-use/
If you comply with the fair use restrictions, you are probably fine.
I have a for-profit learning platform but it is free for people to use. We only make money when someone is called for an interview through our platform. The videos are not the primary source for learning, they are only a resource for people to refer to when they get stuck while practicing on the... Read more »
When you say N.W.A. is trademarked, do you mean it is a registered trademark with the USPTO? If that is the case, then you need to examine what classes has the person registered or applied for. For example, it sounds like you want to offer financial advice services. What are the good or services...Read more »
I'm an amateur comic book artist and I was thinking about writing a similar plot from a TV show, but using MY characters instead and possibly putting in little different aspects. Will that be safe to do without permission or no?
I am creating a Men’s athletic wear clothing store called Freshletics. However, after doing some research, I came across a very large athletic wear company that specializes in woman’s athletic wear but also does men now. Is this name to similar to use and could there be legal trouble down the... Read more »
It is great that you want to examine this trademark issue before you launch your business. Coming to the appropriate answer will save you a lot of money and grief. You should work with a local trademark attorney to help you investigate whether your name/mark would infringe the mark of the other...Read more »
A friend and I were interview subjects in a documentary that aired locally, and then later, on Amazon Prime. Normally I wouldn't consider suing anyone, but the guy that filmed it became pretty rude after he got what he needed from us. We were never asked to sign a release, nor were we filmed... Read more »
You may be able to raise the issue of your Right to Privacy. However,it may be hard to enforce because you appear to have acquiesced for a number of years. It would be a good idea to consult with a local attorney familiar with issues associated with rights of privacy to see how realistic your...Read more »
It depends on the class of goods and services and potential related goods or services that the marks protect. Just because a term is registered in one class doesn't mean a person cannot use it for different goods and services. The test is whether there is a likelihood of confusion among...Read more »
A gentleman I met over the internet offered to teach me 3D modeling. After a long lesson, he informed me he had obtained Star Wars assets from a mobile video game; he offered a partnership where we would transform the assets into usable avatars for VR. These avatars would be released into the... Read more »
Copyright law. I purchased an item from Amazon and sold it on eBay. I used the stock pictures from the seller on Amazon. A "customer" bought the item and now says he will sue me stating the item used pictures that he copyrighted. He is not the seller on Amazon. He is the rights owner to... Read more »
Unfortunately, copyright infringement is a strict liability tort. The fact that you didn’t know the person didn’t have permission means they would not be able to show willful infringement but it doesn’t mean there may not be an infringement action. I think $6,000 may be a bit opportunistic...Read more »
I asked this question about 5 days ago, but got no answer. I came up with a slogan for my dads company, and even bought the web domain for it, but later found out another organization had been using it first, by sheer coincidence. They don't have it trademarked from what I can tell, so can I... Read more »
Trademark rights are based on use and a person does not have to register their mark with the USPTO to have common law rights in the mark. Because of that, the other organization's use may be paramount to yours in the jurisdiction where they have been using it even though you won the domain...Read more »
What are my rights? I need advice! I know I've made mistakes, but im a great mom and my babies need me! How can i help this nightmare end? Im going to do better for my babies, no doubt. Im trying to work with the investigator, but when will my case become important enough? Im no one in this... Read more »
Based on your details it sounds like you’re a good mother who has made some mistakes. Sounds like you have taken responsibility of those mistakes and ready to forge ahead. In order to fight the way you need to you’re going to have to hire your own attorney and be ready to spend thousands of...Read more »
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