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Washington Copyright Questions & Answers
1 Answer | Asked in Copyright and Intellectual Property for Washington on
Q: If my painting was used on a blog with my permission, can another online publication use same image if I own copyright?
Timothy John Billick
Timothy John Billick
answered on Dec 28, 2020

It depends on what rights you gave to the blog, and if your subsequent usage would exceed those rights. Talk with an experienced copyright lawyer.

1 Answer | Asked in Copyright for Washington on
Q: Can a screenshot of a show be used as an artistic template that is then sold as my art?

If I take a screenshot of a show, say Game of Thrones, and then draw over it in a photo editing software, is it against the law to sell the art? Copyright infringement or something else?

Allison Higgins
Allison Higgins
answered on Nov 23, 2020

It depends on how similar your drawing is to the original photo. Merely tracing the photo in an animated format, as is the latest craze, is copyright infringement. The standard for copyright infringement is "substantial similarity" and this situation would likely fall under that.

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Washington on
Q: In a trademark, can I protect future additional goods & services that are in progress & haven't been created yet?

I'm planning on creating a book series in which I want to trademark the title. I'm also currently creating a video game to add to this franchise. In the future, I want to file another application to extend my trademark to not only protect my books, but my video games too.

Since... View More

Allison Higgins
Allison Higgins
answered on Nov 12, 2020

Hi there! It is great that you are thinking about IP protections from the very beginning.

From a trademark standpoint you have limited options that far in advance. You can file trademark registrations for things that are not in commerce yet (called an intent-to-use application), but the...
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2 Answers | Asked in Copyright and Trademark for Washington on
Q: Can I put anime designs on t shirts and sell them with the anime title in the name?

I'm trying to design some t shirts based off of anime. However, they are simply inspired by the anime. For example, its not an entire picture of naruto or anything, but like a blue swirl and some yellow and orange lines for naruto. I don't think the designs infringe on any copyright and I... View More

Floyd Edwin Ivey
Floyd Edwin Ivey
answered on Oct 17, 2020

Re: Copyright, your phrases :"...based off or anime..", "..simply inspiredly the anime...", "I don't think the designs infringe..." , "...I am the one creating..." may show willfulness and are troublesome regarding Copyright Infringement. It may be... View More

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1 Answer | Asked in Consumer Law and Copyright for Washington on
Q: Is the website PDFDrive legal to use?

I’ve been using it for a day or two now and I’m really scared I’ll face legal repercussions

Steve Charles Vondran
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answered on Oct 12, 2020

This is general legal information only and not legal advice. This is a very good question. It appears their site is a bit like google (where you can search for pictures and images. They allow you to search PDF's but this does not necessarily mean you have legal rights to reproduce, share,... View More

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Washington on
Q: I am trying to create my own gum and mint that has caffeine, l theanine and other Supp. How does this patent affect it?
Timothy John Billick
Timothy John Billick
answered on Sep 28, 2020

Without knowing what patent you're referring to, I can't answer this question fully. However, you can create various search terms around these elements if you utilize Google Patent Search, the USPTO database (PatFT), and the WIPO patent search database (patentscope) to get you in the... View More

1 Answer | Asked in Copyright for Washington on
Q: If someone were to take my private DM to them and use my exact words to then create merchandise and profit

Is there anything illegal with me not getting a cut or signing off consent

Tania Maria Williams
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answered on May 5, 2020

Copyright doesn't protect ideas so it would depend on what you actually said and whether it could be considered "fixed tangible expression" as defined by the Copyright Act.

2 Answers | Asked in Copyright and Intellectual Property for Washington on
Q: I have a questions about copyright infringement and my stolen content

Hello, I am an artist known by the name LeopARTnik (everyone calls me Leo). I create different content but lately, it is short video animations. I am not making money on my work yet. I am still growing and building my audience but it is growing rather fast. The issue I want to discuss is related to... View More

Enrico Schaefer
Enrico Schaefer
answered on Mar 30, 2020

This is a common problem. The first thing you should do is register your copyrights. You typically have less leverage if you are not registered. Registration will definitely help you with infringement moving forward. I would need to know more about where the works are being copied from and other... View More

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1 Answer | Asked in Copyright and Intellectual Property for Washington on
Q: I'm an artist who is using portraits from historic photos for which copyright is difficult to determine.

The photos have generally been captured from online sites such as Pinterest or general historic photo searches. Specifically I'm plucking images of people from the internet, printing them on my home computer, physically cutting them out of their original setting and collaging them into bigger... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Sep 9, 2019

You are facing a tough issue. You should definitely talk to an attorney. Also check with an insurance company agent covering copyright violations. They may have some clear cut criteria you can use as a guide.

In general there are several layers of rights. Pintrest and the poster could have...
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1 Answer | Asked in Copyright and Patents (Intellectual Property) for Washington on
Q: Do you know anything about these pattends ? Where are the loop holes or?

Im looking to start my own company in trip hazard removal but it seems they have pattebded alot of things on it what exactly are there pattends for and what do they mean in other words what do i follow so i dont use any of there pattends

Peter D. Mlynek
Peter D. Mlynek
answered on May 11, 2019

There are no easy answers to your question. You need to hire a patent attorney to guide you through this.

1 Answer | Asked in Copyright and Trademark for Washington on
Q: Can I use a well-known Guru's teaching concepts and unlicensed verbiage to create an income producing website?

That's it in a nutshell. I want to use said Guru's concepts and some lose verbiage so I can advertise and gain traction in the community of people that follow her. I found a list of the company's trademarks and none include the terms I want to use. I would not be selling the... View More

Ahaji Kirk Amos
Ahaji Kirk Amos
answered on May 2, 2019

I think you can, so long as you don't use his language or any materials or publications.

1 Answer | Asked in Copyright and Intellectual Property for Washington on
Q: What is the process for requesting permission to use Robert Indiana's LOVE to raise funds for a non-profit maker space?

We would like to open a non-profit maker space to offer STEAM Camps for students in Washington, DC. We would like to sell products, derived from Robert Indiana's LOVE sculpture, made by students and members, to raise $20,000-40,000 to cover the first few months of rent.

We would... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Mar 13, 2019

You should look up him, or his agent. And ask for the right to use it.

2 Answers | Asked in Consumer Law, Contracts, Copyright and Products Liability for Washington on
Q: How do I go about looking into a idea I have that's related to bail bonds and something I want to possibly invent safely

I have a idea that would be something you can pay into with a bailbonds company and want to look in to making this idea work if its possible and so how would I do that without getting my idea stolen but I don't have much money and don't really have any to put into this project I think its... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 24, 2019

Local law libraries provide ample self-help resources re: Intellectual Property and Business law. Typically a Non Disclosure Agreement is a great tool to help prevent disclosure of confidential information re: your ideas. You might need to ultimately file for a copyright, trademark, and/or patent,... View More

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1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Washington on
Q: Are provisional patents for design?

Competitor claims they have a provisional patent for all but color change of an (my) existing product. I thought provisional patents were for utility only. Could they be lying? How do I find out?

Kevin E. Flynn
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Kevin E. Flynn
answered on Apr 26, 2018

A provisional patent application is for a utility patent but one can file a design patent application as a continuation of a utility patent application so there is some small chance that they could end up with a design patent from an initial provisional patent application.

Generally a...
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1 Answer | Asked in Copyright and Intellectual Property for Washington on
Q: Can I use some lyrics from an album in a zine I created of analog collages if I give credit to the artist/album?

The whole zine (magazine) is an ode to the influence and inspiration I received in my life from the album which is explained in the introduction. I've taken some of my favorite lyrics and created a series of analog collages for each lyric. I listed the credits on the end page. I have reached... View More

Andrew Zulieve
Andrew Zulieve
answered on Jan 31, 2018

Copyright infringement requires that there be a substantially similar reproduction of another's original work of authorship. It is a fact-intensive inquiry and may be, but is not necessarily always, tied to the actual amount of copying from the original work of authorship. It may be a good... View More

1 Answer | Asked in Copyright for Washington on
Q: Copyright -- reproduction and sale of foreign works

Is there any particular law against reproducing and selling, say, the book cover of a book that is from another country? If so, where can I read more about it?

Will Blackton
Will Blackton
answered on Jan 2, 2018

The U.S. Copyright Office has published on this topic, search for "Copyright Office Circular 38A" on your search engine of choice or at the copyright.gov.

2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Washington on
Q: I’m trying to determine if this patent is what I’m looking to create - https://patents.justia.com/patent/8656283

I’m looking to create a mobile program that allows kids to create their own stories by supplying them with art assets and allowing them to write in text. If this patent is that exact thing, is there a way around creating that or am I completely blocked on making this program? When does the patent... View More

Kevin E. Flynn
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Kevin E. Flynn
answered on Nov 7, 2017

Thanks for caring enough about doing the right thing to ask a question. The technical term for what you are asking is called freedom to operate (FTO) or sometimes "clearance". You are asking whether there are concrete legal rights that exist that would impinge on your freedom to operate... View More

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1 Answer | Asked in Business Law, Contracts, Copyright and Internet Law for Washington on
Q: I bought some sticker logos legally on line. If I apply these logos to hats, can I then sell the logoed hats on ebay?
Barbara Berschler
Barbara Berschler
answered on Sep 2, 2017

Do you intend to apply the actual logo stickers that you bought? In copyright, there is the First Sale Doctrine that provides that if a person buys an object having copyright protected material, the buyer can do what they want with the object. For example for a book, you could give it away or... View More

1 Answer | Asked in Copyright, Internet Law, Business Law and Intellectual Property for Washington on
Q: Eat24 or an affiliate marketer made a site "stacias-pizza.com" that makes it look like my client's. Is this legal?
Will Blackton
Will Blackton
answered on Jul 7, 2017

Are you saying you're a web designer and you created a website for a pizza place, and someone copied and rebranded that website as Stacia's Gourmet Pizza?

If so, how much of your work was copied? What elements: images, text, html?

Or are you saying that Stacia's...
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1 Answer | Asked in Copyright and Trademark for Washington on
Q: if someone already trademarked upper left apparel llc does that mean I can't make a company with upper left?

trying to start a brand/fabrication company

Walker Weitzel
Walker Weitzel
answered on Jul 3, 2017

Trademarks are specific to the type of goods being sold. If your company would not produce competing products with the existing mark, then you probably would not infringe their mark, and registration of your trademark may be possible. I would suggest contacting a trademark lawyer for a free initial... View More

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