Copyright Questions & Answers by State
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Puerto Rico
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
Copyright Questions & Answers
Q: DMCA takedown notice for website that didn\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\'t pay for web design?
1 Answer | Asked in Copyright for Florida on Aug 27, 2015
Answered on Aug 28, 2015
Robert Jason De Groot's answer
Did you copyright your work or not? This is much more than a basic legal question. It requires a bit of research to answer.
Q: Is it legal to use sports teams and players real names in my upcoming fantasy game?
1 Answer | Asked in Copyright for California on Jul 22, 2015
Answered on Aug 25, 2015
Adam Studnicki's answer
Sounds problematic for various reasons. Talk to a local intellectual property lawyer.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to...
Q: I received a lawsuit notice from Comast Nu Image, Inc, V Does 1-2, 515. It states I need an attorney,what should I do?
Robert Jason De Groot's answer
You need an attorney.
Q: In a copyright infringement suit of a photo unknowingly used on a companies (LLC) website go the owner's personal assets
Robert Jason De Groot's answer
Read your post, what are you actually asking? What does "go the owner's personal assets" mean? Can a judgment creditor seize assets that are not exempt from the claims of creditors? Yes.
Q: Can I print a shirt with a trademarked saying if it is printed with different font/colors/sizes etc?
Robert Jason De Groot's answer
The answer is sure, but that gets another question of what will happen to you if you do.
Q: I have a picture of a tv on my website, it shows a collage football player. Can I use that on signage too?
Adam Studnicki's answer
Your use of someone else's image may constitute a copyright (and may other) violation. Talk to a local copyright/trademark lawyer.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts...
Q: can i obtain a copyright on an instrumental that someone else made but i purchased from them to use exclusively?
Adam Studnicki's answer
Copyright transfers should be properly legally documented. Best to talk to a local copyright lawyer.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly...
Q: Copy right infringement I let somebody copy the video and they put on facebook
Adam Studnicki's answer
Hard to say what's going on. Did the person violate the terms of a limited copyright license? A copyright lawyer can assist?
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and...
Q: Can I use two words from a song lyrics as my business name legally?
Adam Studnicki's answer
Possibly. Without more information, the question is theoretical.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult with a local...
Q: Someone used our copyrighted logo as their own businesses' logo! Does this count as criminal copyright infringement?
Adam Studnicki's answer
Logos are normally protected by trademark law, not copyright law. More information is needed to advise as to options. A local trademark lawyer can help and potentially write a cease and desist letter.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem...
Q: Want to write a book that is collaboration of other peoples stories. How can I protect myself from being sued?
Robert Jason De Groot's answer
The situation is a bit more complex than you think in my opinion. You need to learn all about copyright law, or go see a copyright attorney.
Q: I would like to use just one line from a song in a piece of art and then sell it through my craft business. Is this ok?
Robert Jason De Groot's answer
It might be a copyright infringement. Go see an attorney about this, one who knows copyright law.
Q: Legal use of celebrities's photo in my film
1 Answer | Asked in Copyright for California on Jun 8, 2015
Answered on Jun 18, 2015
Mark B. Saku's answer
Use of a celebrities image (whether drawn or photographed) may give right to publicity rights claims, depending on the jurisdiction of use. Many states, including CA and NY have state law protecting the rights of individuals to control the use of their name and likeness. Some of these laws even extend to the celebrity's heirs. There are "fair use" defenses available for violations of this right, but they are fact-specific and you should speak to legal counsel to assess your situation prior to...
Q: Is it illegal to watch movies online? Without downloading anything.
Mark B. Saku's answer
Watching itself does not constitute copyright infringement. Using a reference to a colleague who previous used this example, you are not infringing copyright by watching a band perform cover songs on stage.
However, copyright infringement in the United States is a strict liability offense. Meaning, that a user is liable when they illegally copy works, even if they're not aware that this is wrong, or that the work is protected by copyright.
Watching a film online, via download...
Q: Copyright for a song
Mark B. Saku's answer
Works published before the end of 1923 are most likely in the public domain - which means that you do not need permission from the original (or current) copyright owner to sample the song.
If the work was originally published outside the US, or if the song was published after 1923, different rules apply, you may still need permission from the current copyright owner (or the heirs of the original author).
It would be a good idea to have a copyright attorney investigate the...
Q: Are there copyrights on creating art based on films
1 Answer | Asked in Copyright for Washington on Nov 17, 2014
Answered on Jun 16, 2015
Mark B. Saku's answer
Yes, you will have a copyright claim to your work. However, creative works based on previous works are considered a "derivative work" and require the permission of the original copyright owner before registration, distribution or pubic display/performance of the subsequent work.
There are exceptions or defenses to an infringement claim in the event you are challenged, however, the defenses are very fact specific and you should speak to an experienced copyright attorney who can assess...
Q: Can a kids theatre company write their own version of a Disney production and use it as a camp for kids?
Mark B. Saku's answer
Most likely no. A creative work based on a previously created work is known as a "derivative work" and requires the permission of the original copyright holder in order to distribute or publicly perform the subsequent work.
There are exceptions available, (and maybe some defenses to copyright infringement claims), but with Disney, you probably want to be very careful and have an attorney review your production every step of the way. A knowledgeable attorney would be able to advise how...
Q: I own 50% copyright for a biography. I want to write a novel based on that material. What do I pay his heirs?
1 Answer | Asked in Copyright for California on Jun 13, 2015
Answered on Jun 16, 2015
Mark B. Saku's answer
Fair compensation really depends on what the heirs will charge you for use of the person's "name and likeness" as the subject in your novel/film. Depending on your jurisdiction, the heirs may also have the right to prevent circulation of your novel/film without their express permission.
Copyright law will probably not be involved in this situation unless you were to use specific portions from the original (50% owned) biography. If this is the case, you will need to account to the other...
Q: If I buy a design online do I have the permission to use it for commercial use in one of my own designs for printing?
Robert Jason De Groot's answer
What does the contract say? No, you cannot use someone's copyright without express written permission.
Q: Can you rework a publicly posted legal document for your use for the same argument?
Robert Jason De Groot's answer
Pleadings are not usually copyrighted in my opinion, or at least I have never seen one that has been copyrighted. Use your own words and express the same legal concepts for thed exemption, read and know the cases too.