I own an LLC and copyright application is active and in processing. I sell digital printable online and baked goods under VA Cottage Laws
answered on Feb 25, 2023
Yes, you can send a cease and desist letter if someone has recreated your product and is selling it as their packaging without your permission. As the owner of the copyright, you have the right to control the use and distribution of your original work.
In the cease and desist letter, you... Read more »
Onlyfans.com is copyrighted and I feel like this falls in intellectual rights violation. My soon to be ex husband and his lawyers presented images of my content without knowledge or consent.
answered on Jan 10, 2022
It is true that the photo/video content on the platform is the subject of copyright, and that the creators and the platform can assert their exclusive right to distribute the content. If one were to print the content and sell or redistribute it commercially, that would be an actionable... Read more »
another company (i hired) added images to my social media business site. they retrieved images from free images website but they didn't link image to creator of image from my business site. The Law Firm wants to resolve matter outside of court because I didn't have a license to use... Read more »
answered on Aug 5, 2021
You need to consult with an attorney as soon as possible
Hi, I have a small business which features original designs on t-shirts.
answered on May 6, 2021
As indicated a design patent can provide protection.
Depending on what you are doing you could file for other registrations depending again on what your creations are.
Consult with an attorney.
answered on Feb 7, 2021
Preparation for the Bar exam does not involve knowing a little bit of everything. It involves knowing a lot of some things, and it is exceptionally wise to find out which things from a very expensive preparation course that requires intense concentration and memorization of huge amount of state law... Read more »
answered on Dec 9, 2020
This is not legal advice. From my jurisdictions (California and Arizona), I don't normally see a fee demand with a cease and desist, although I do not believe there is anything improper about requesting a pursuit fee in the right case. See you at the top! Attorney Steve®
I write and produce songs. One of the songs contains dialogue from a movie, that I speak in the song. Is that a copyright violation or an infringement to add that dialogue, even though its spoken by myself? It's a total of 19 words.
answered on Nov 2, 2020
Generally speaking, any time copyrighted material is incorporated into a new work you will need permission from the original author. This may be obtained by getting a license to create a derivative work. Copyright issues are complex and each matter is different. It is recommended that you consult a... Read more »
I just moved to VA on Oct. 1, 2020 after living in MD for six years. Alleged infringements (I have EXCEPTIONALLY STRONG FAIR USE claim) came after I left PA. There are 225,000 fashion industry and cultural images on my website, and I've had zero problems in 13 years. I'm being sued... Read more »
answered on Oct 10, 2020
You need to consult a litigation firm. There are many variables in this scenario that must be considered to determine a prudent course of action, including but not limited to: are the allegedly infringed images federally registered? were they registered AFTER first publication? can/should the two... Read more »
Purchased a preowned Rolex from an established online jewelry store. What are my rights?
answered on Oct 6, 2020
You could sue them for a violation of the VA Consumer Protection Act, but you'd need to have someone testify that the watch is a fake. You'd be able to recover the amount you paid, reasonable attorney's fees, and possibly treble damages if you can prove that the store knew the watch... Read more »
I can provide the original files and such, and I want to keep my characters protected.
answered on Aug 6, 2020
You had the copyright as soon as you created the work (you might say a "common law copyright"). But to be eligible for "statutory damages," U.S., copyright law encourages registration before publication. Beyond 3 months after publication, if there's been an infringement,... Read more »
Im interested in obtaining the copyright for the fabric to produce fabric for paintball good
answered on Jun 22, 2020
Greetings.
There are two options that basically stem from the root of asking the person who owns the right for permission to use it.
(1) Ask for a license. Basically you just would tell them what you plan on doing and see if they will allow you to do it. You may have to pay them... Read more »
I'm making a photo-sharing app where users can add music to photos (if they're members of Apple Music or Spotify) and share these photos that have songs on them to other apps, would that be illegal? Since Apple Music/Spotify both own licenses to songs and users are paying for these services.
answered on May 27, 2020
It mostly boils down to what are permitted uses of the music based on the licenses issued by Apple Music/Spotify. It would be important to check the Terms of Use/licenses granted to the members. The licenses may not extend to letting members add the licensed music to another application. Best... Read more »
I’m writing a YouTube episodic and wanted to use a few actual news broadcasts in the promo trailer. The show is a work of entirely fiction just loosely based on real life. I would be using less than 30 seconds of each broadcast.
answered on May 22, 2020
The news broadcast itself is protected by copyright. You would need to get the permission of the owner of the copyright in the broadcast. You may be able to negotiate a licensed use for your fictional work. Best to work through a copyright counsel.
answered on Apr 19, 2020
Yes
Obviously it will depend on what you say
Your defense is the truth, so if you get sued you can just show that all you wrote was truthful or the consensus of experts
If they are a large very public organization, they have more barriers to jump through to succeed in a... Read more »
I'm writing a book, and I want to use Leonardo DeCaprio's hair cut (from the '90s) and I feel like the readers won't be able to know what I'm talking about if I don't say something like, "It looks like Leonardo DeCaprio's haircut." Can I get sued for doing that? Like sued for copyright?
answered on Apr 1, 2020
will depend on the context and extent.
If you are just making a minor mention, like in a critique, it may fall under fair use.
if it is bigger than that, you may be stepping in his rights.
check with an attorney.
www.legalbizglobal.com
If one wanted to use it within the title of their own work. Is this a patent, trademark, or copyright issue?
I was asked by the founder of a dog rescue to maintain her website. In two years of maintaining that website, I had also taken pictures of the dogs and volunteers at the rescue. Since I was maintaining the website I posted those pictures on the website. The founder all of a sudden, with no... Read more »
answered on Oct 8, 2019
You can try asking her formally to remove the pictures as they are your property.
Your legal option is possible to sue. Expensive though.
You can recover damages caused by him using the pictures without your approval, but you have to prove that.
You can copyright the photos... Read more »
answered on May 3, 2019
Usually, things printed on clothing are not considered identifiers of source. Trademark protects against source confusion, and frequently the things printed on clothing are considered ornamentation rather than suggestive of the quality or origin of the clothing itself. Nevertheless, you may be able... Read more »
Multiple companies like Singer, Dritz and less well known companies sell sewing tape measures. How do they escape infringing on patents? Further, how can multiple companies sell retractable tape measures without infringing?
answered on Mar 5, 2018
There are a few options for how multiple companies sell a product when there is a patent for that product.
1) The patent has expired at the en of its normal term or early for failure to pay a maintenance fee. Once the patent is no longer in effect, companies are free to create a generic... Read more »
Got papers saying from comcast first saying i can sign forms to stop release of my info. I didnt because thought was junk mail. The yesterday got papers saying have a lawsuit and want me to settle for 4300$.
answered on Dec 14, 2017
If you were served with a lawsuit you must respond within a certain period of time or you lose by default. If you received anything that is captioned as a "Summons" or "Complaint" and is accompanied with the name of a specific court, contact a lawyer in your state as soon as... 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.
