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The situation is messy. I went into business with my sister. She had a partnership with another sister, but the other sister left the business. So she asked me to join. We had a verbal agreement. It was promised that I'd become a partner, or we may renegotiate for me to have a stake in... View More 
answered on Jul 25, 2024
Based on the situation you've described, there are several legal considerations to address:
Copyright ownership:
Your husband, as the creator of the logo, automatically owns the copyright to his work unless there was a written agreement transferring those rights.... View More
The situation is messy. I went into business with my sister. She had a partnership with another sister, but the other sister left the business. So she asked me to join. We had a verbal agreement. It was promised that I'd become a partner, or we may renegotiate for me to have a stake in... View More
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answered on Jun 26, 2024
This situation involves several complex legal issues. Let's break it down:
1. Copyright ownership:
Generally, the creator of a work (in this case, your husband who designed the logo) owns the copyright unless there's an agreement transferring those rights. Since there was... View More
There is an association that "signed" a contract to a third party that allows for them to have full media rights for any event that the association has. The association has contracts with promoters of an event to bring a show to the event. Does the promoter have to agree in the contract... View More
answered on Apr 3, 2024
Generally, yes, independent media may film and post videos of an event with the promoter's permission. However, If the event features music, separate copyright permissions for that music are likely required to avoid copyright infringement on platforms like YouTube.
There is an association that "signed" a contract to a third party that allows for them to have full media rights for any event that the association has. The association has contracts with promoters of an event to bring a show to the event. Does the promoter have to agree in the contract... View More
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answered on Mar 29, 2024
When an association grants exclusive media rights for its events to a third party, it typically means that this third party holds the authority over how any event-related content is distributed, used, or published across various media platforms, including YouTube and Facebook. This arrangement... View More
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answered on Feb 5, 2024
Under California law, the phrase "Dirty Hands Clean Money" is not inherently illegal. However, whether you can make and sell products with this phrase depends on the specific context and use. If the phrase is used in a way that implies illegal or unethical activities, it could potentially... View More
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answered on Jan 21, 2024
Using Spirit Airlines' logo or trademark to develop a product would generally require written permission from Spirit Airlines, as their logo and trademark are protected intellectual property. Using these without proper authorization could potentially lead to trademark infringement issues.... View More
The art says "Peep-a-Boo" and shows just the ears at the bottom of the image indicating it's about to come up or is hiding. I have another one that shows just the middle of a peep's face (two eyes but no ears or body) hiding in a cracked egg. Finally, I have one that shows a... View More
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answered on Mar 29, 2023
It is difficult to determine whether the use of "Peep" and a small fraction of a Peep's shape in your artwork would be considered a parody without more information about the context and purpose of your artwork. However, even if your artwork is intended as a parody, it is possible... View More
Indigenous Immersion Schools receiving grant funding and federal funding to operate must create a complete curriculum in target language that is unavailable elsewhere for purchase. These schools would like to copyright their work and are trying to decipher who has legal rights to copyright.
answered on Mar 15, 2023
Yes, it can, however you need to review the terms of the grant. When the Federal Government produces creative material it usually is copyright free (search Google for "U.S. Government Works" to learn more). Works prepared for the Federal Government by contractors may be owned (and... View More
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answered on Mar 18, 2022
If you have a REGISTERED copyrighted logo (meaning registered with the United States Copyright Office ("USCO") and someone has copied your logo, you can send them a cease and desist letter and being that they copyright was registered, you would have a right to sue in federal court for... View More
I created a video game addon that used official images of Flex Seal products and Phil Swift's likeness. I emailed his company asking if I could make a donation page to get a small amount of compensation from the addon and they said no. I then asked if I could continue to make the project for... View More
answered on Oct 28, 2021
You DEFINITELY should consult with an attorney to assess your risks
I'm working on some open-source exercises for Russian language students, and for an alphabet-related exercise it would be very helpful to display pictures of Russian signs with English cognates that beginner students can read easily. However, I'm unsure of the legal implications of using,... View More
answered on Dec 2, 2020
Here, you are describing the intersection of copyright and trademark law. While it would be trademark infringement to open your own restaurant called Burger King, or to sell a hamburger wrapped up in a wrapper that says Burger King, you certainly can take a picture of a Burger King restaurant and... View More
The Youtube TOS for the USA was updated on the 18th of November 2020, to state that Youtube has the right to monetise the videos on any channel, should they see fit, and, if the owner of said content is not a partner, Youtube is not required to pay them. The terms also state that the creator... View More
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answered on Nov 25, 2020
This is not legal advice and is general information only. When you sign up to use a website, usually there are terms of service you agree to when you click on the "I agree" button. Some call this "clickwrap license." If you want to use the service (in this case YouTube and... View More
answered on Aug 31, 2020
The original paintings by John James Audubon are old enough that they are in the public domain. Any other photos or paintings or drawings, however, which may be available through the Audubon Society, may not be in the public domain.
answered on Aug 4, 2020
A patent search would be needed to determine if a patent possibly exists.
A do it yourself search can be started with learning about searching for patents on the USPTO website (https://www.uspto.gov/patents-application-process/search-patents)
Although, it is generally recommended... View More
I would like to create a card game in which I use the names of certain people and characters from popular culture, both fictional and real. The pictures in the game are entirely original, but based on the general idea of the people and characters. Is this protected under parody, or is this a... View More
answered on Jul 30, 2020
Use of another brand's characters may constitute both copyright infringement as well as trademark infringement/dilution. There are limitations to the fair use and parody such as, the effect on marketability/sales that such use may have on a parodied brand. Consult with an attorney for more... View More
Are you allowed to re-use a small percentage of a protected work?
answered on Jun 16, 2020
A tough question to answer, even when you know all of the specific details! Copyright protection certainly applies to quotations. It can apply to aspects of the characters, depending on how recognizable they are. As an example, writers of "fan fiction" encounter this dilemma all the... View More
(permission) The sample does not contain any soundtrack (just a clip of dialogue) and is neither a consequential part of the source work or my composition
answered on Apr 29, 2020
There may be a few layers of copyright rights to evaluate. If you are just using lyrics from a song, then the copyright owner of the lyrics would be one person to contact. It is not clear what you mean by a "clip of dialogue." If what you want to copy is actual sound from the TV show,... View More
answered on Mar 13, 2019
You are getting close to potential infringement.
You should consider using a different name.
Or try to get permission from the owners of the brand.
answered on Jan 23, 2019
Might not be a patent. The Supreme Court has recently made it fairly difficult to patent a method of organizing human activity. See the documents used to train patent examiners -- https://www.uspto.gov/patent/laws-and-regulations/examination-policy/subject-matter-eligibility On the other hand,... View More
Copyright itself doesn't protect only just a name, you can't copyright just a name at all. But, "characters" should be protected under a copyright if they are unique, but isn't a name an intrinsic part of a character and its accompanying story?
answered on Aug 9, 2018
A full answer to your question will require a more fact-intensive analysis. Generally, copyright law will afford protection of the fictional character itself when it has appeared in a copyrightable work and has a life of its own within that work, however, achieving a level of distinctiveness such... View More
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