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Copyright Questions & Answers
Q: What is the line between inspiration and derivative art work? Can I put a creative common licence in derivative work?
Mr. Michael O. Stevens' answer
There would be no way to tell from a description of the two works as to whether or not your derivative work is transformative into say a fair use defense, or even what elements are derivative. You could sit down with a copyright attorney, but even then, it ends up being more their opinion than fact.
As to doing a CC license, you can use that on any work you create. It just might not mater much of your work is mostly derivative.
There would be no way to tell from a description of the two works as to whether or not your derivative work is transformative into say a fair use defense, or even what elements are derivative. You could sit down with a copyright attorney, but even then, it ends up being more their opinion than fact.
As to doing a CC license, you can use that on any work you create. It just might not mater much of your work is mostly derivative.
Q: I'll try again. I need some copyright advice. Can I use music that is readily in the PD (movie soundtracks, etc.)
Mr. Michael O. Stevens' answer
If it is in the public domain, yes, but I fear you misunderstand what PD actually is. Movie soundtracks are not in the public domain automatically anymore than poems. In order for it to be in the public domain, the work needs to have never been copyrighted (assuming other factors are in place) or the copyright has expired. See this chart for a detailed analysis: http://copyright.cornell.edu/resources/publicdomain.cfm
If it is in the public domain, yes, but I fear you misunderstand what PD actually is. Movie soundtracks are not in the public domain automatically anymore than poems. In order for it to be in the public domain, the work needs to have never been copyrighted (assuming other factors are in place) or the copyright has expired. See this chart for a detailed analysis: http://copyright.cornell.edu/resources/publicdomain.cfm
Q: can I sell the notes I take on nonfiction books?
Mr. Michael O. Stevens' answer
If it is your commentary on the books, and not copying the books, you should be fine.
If it is your commentary on the books, and not copying the books, you should be fine.
Q: Would creating a 3D model using another as a guide, and not including the guide, be called a copyright infringement?
Mr. Michael O. Stevens' answer
First, this would depend on if the original 3D model was copyrighted. Mostly likely it was, so we can assume that. Then it comes down to if this is copying, or more transformative. If you were basically just copying, and it sounds like you did, yes, that would be copyright infringement.
First, this would depend on if the original 3D model was copyrighted. Mostly likely it was, so we can assume that. Then it comes down to if this is copying, or more transformative. If you were basically just copying, and it sounds like you did, yes, that would be copyright infringement.
Q: I am seeking to pursue copyright options; Can you represent me? Copyright 2020BMW
Mr. Michael O. Stevens' answer
Attorneys cannot solicit your business in a forum such as this. You will have to seek out one, which you can use the find a lawyer link above to try and find a copyright attorney near you.
Attorneys cannot solicit your business in a forum such as this. You will have to seek out one, which you can use the find a lawyer link above to try and find a copyright attorney near you.
Q: My premier league league video was blocked on youtube although it doesn't infringe the fair use of copyrights law
Mr. Michael O. Stevens' answer
First, the copyright may be based on the law of a jurisdiction other than the United States. Personally I do not know if they have a fair use defense, nor how similar it is. That said, even if US fair use applied, this gets very fact specific as to how trans-formative your usage was. Not to mention, YouTube is a private company and could have decided it was not worth the potential infringement fight with the rights holder, and you do not have an inherent to upload to their site.
First, the copyright may be based on the law of a jurisdiction other than the United States. Personally I do not know if they have a fair use defense, nor how similar it is. That said, even if US fair use applied, this gets very fact specific as to how trans-formative your usage was. Not to mention, YouTube is a private company and could have decided it was not worth the potential infringement fight with the rights holder, and you do not have an inherent to upload to their site.
Q: Does it violate copyright laws to use a series, i.e. "Friends",&split an episode into clips of 30 second to 2-3 minutes?
Mr. Michael O. Stevens' answer
In the most basic sense, yes, it would violate the copyright of these programs. Fair use would likely not cover this, but sitting down with an attorney and more fully go over your idea may be a good idea.
In the most basic sense, yes, it would violate the copyright of these programs. Fair use would likely not cover this, but sitting down with an attorney and more fully go over your idea may be a good idea.
Q: Copyright Infringement. I am an Etsy seller, I was contacted by another shop claiming to own a copyright.
Mr. Michael O. Stevens' answer
First, she would have to have already registered the work. You might ask her for a copy of the registration so you can see how close it is. Likely she has not registered, but if she has, then sit down with a local copyright attorney to examine how close the works are.
First, she would have to have already registered the work. You might ask her for a copy of the registration so you can see how close it is. Likely she has not registered, but if she has, then sit down with a local copyright attorney to examine how close the works are.
Q: can copyright owner sue me?
Mr. Michael O. Stevens' answer
Asking the same question over and over is not going to get you a different answer.
Asking the same question over and over is not going to get you a different answer.
Q: can copyright owner sue me ? i am sharing revenue with him..
Mr. Michael O. Stevens' answer
Yes, a copyright owner could sue you, even if you are sharing revenue. If you have a valid license, then they could not, unless you are violating the license. Here, it appears you received a take-down type of letter (your question is not clear) that may indicate they are not going to sue you, but hard to tell from these limited pieces of info.
Yes, a copyright owner could sue you, even if you are sharing revenue. If you have a valid license, then they could not, unless you are violating the license. Here, it appears you received a take-down type of letter (your question is not clear) that may indicate they are not going to sue you, but hard to tell from these limited pieces of info.
Q: Forum Copyright infringement: Is this infringement?
Mr. Michael O. Stevens' answer
Yes, you could be sued for copyright infringement for copying posts in a forum. It does not matter if they only use a nickname. This type of infringement is not criminal, so you would not be found guilty, just liable. Statutory damages are a minimum of $700 per infringement, plus you would be responsible for all of their costs and attorneys fees.
That said, if they want to sue, they have to register each work with the U.S. Copyright Office first. If they were only copying others, then...
Yes, you could be sued for copyright infringement for copying posts in a forum. It does not matter if they only use a nickname. This type of infringement is not criminal, so you would not be found guilty, just liable. Statutory damages are a minimum of $700 per infringement, plus you would be responsible for all of their costs and attorneys fees.
That said, if they want to sue, they have to register each work with the U.S. Copyright Office first. If they were only copying others, then...
Q: I plan to make music videos using established artists music. Does "fair use" protect me from copyright issues.
Mr. Michael O. Stevens' answer
Fair use is a defense, one that you can never completely rely on. Caveat that there is some case law asserting it is more than a defense. Anyway, there are many factors as to if you would have a fair use defense, and for that analysis I would sit down with a copyright lawyer and discuss in detail your plans.
Fair use is a defense, one that you can never completely rely on. Caveat that there is some case law asserting it is more than a defense. Anyway, there are many factors as to if you would have a fair use defense, and for that analysis I would sit down with a copyright lawyer and discuss in detail your plans.
Q: for a copyright loophole, could i just say "i do not like this song" and then it would be considered criticism?
Mr. Michael O. Stevens' answer
Most likely not. Your contribution needs to be transformative, or truly criticism (and you could not just post a video of someone else's song and then at the end say you don't like it, as you did not need to post any of the song to tell people that).
Most likely not. Your contribution needs to be transformative, or truly criticism (and you could not just post a video of someone else's song and then at the end say you don't like it, as you did not need to post any of the song to tell people that).
Q: I got email from You tube can copyright owner sue me?
Mr. Michael O. Stevens' answer
Yes, the copyright owner could sue you. Keep in mind that any song you hear on the radio has several copyrights; the actual performance, and then the copyrights for the lyrics and musical arrangement. Doing your own cover of Free Bird gets you around the copyright for a specific performance, but not for the lyrics and arrangement.
Yes, the copyright owner could sue you. Keep in mind that any song you hear on the radio has several copyrights; the actual performance, and then the copyrights for the lyrics and musical arrangement. Doing your own cover of Free Bird gets you around the copyright for a specific performance, but not for the lyrics and arrangement.
Q: I had a creative make my logo and labels. We had only a verbal contract. She gave them to me willingly and for free.
Mr. Michael O. Stevens' answer
This would depend on a detailed reading of all of the correspondence to see if any sort of contract or license was created to allow you to use the logo. As a general proposition, the person who creates the work of art owns the copyright. One exception is what is called a work for hire, which may apply in your situation.
This would depend on a detailed reading of all of the correspondence to see if any sort of contract or license was created to allow you to use the logo. As a general proposition, the person who creates the work of art owns the copyright. One exception is what is called a work for hire, which may apply in your situation.
Q: Is it possible to sue someone in the UK for copyright infringement while living in the US?
Mr. Michael O. Stevens' answer
Can you sue someone in the UK even though you are in the US, yes, you would need to find a UK lawyer (though I think they are called barristers and solicitors there) to accomplish this.
Can you sue someone in the UK even though you are in the US, yes, you would need to find a UK lawyer (though I think they are called barristers and solicitors there) to accomplish this.
Q: Can I put a picture of a a companys bike on my website as an example?
Mr. Michael O. Stevens' answer
Potentially, but there are issues related to both copyright and trademark involved. Fair use may be a defense, but more information would be needed to see if there is a way to avoid liability.
Potentially, but there are issues related to both copyright and trademark involved. Fair use may be a defense, but more information would be needed to see if there is a way to avoid liability.
Q: can you make a collage of playboy magazines the cover of your book
Mr. Michael O. Stevens' answer
While this person is partly correct that the combination does create a new work of art that would have it's own copyright, the fact remains that the collage would be a derivative work of the original art works. As in, making the collage without the permission of the copyright holders of the original photographs would be a copyright infringement and subject you and this collage maker to liability.
While this person is partly correct that the combination does create a new work of art that would have it's own copyright, the fact remains that the collage would be a derivative work of the original art works. As in, making the collage without the permission of the copyright holders of the original photographs would be a copyright infringement and subject you and this collage maker to liability.
Q: What are the copyright rules in the United States surrounding using images of celebrities?
Mr. Michael O. Stevens' answer
All of the pictures you are talking about are copyrighted, and you would need a license to legally do what you want to do. In addition to copyright issues, there are are personality rights to deal with that you would need to contract with the celebrities to use their likeness.
All of the pictures you are talking about are copyrighted, and you would need a license to legally do what you want to do. In addition to copyright issues, there are are personality rights to deal with that you would need to contract with the celebrities to use their likeness.
Q: I made a composite from three separate photos of a copyrighted character? Can I make $$ from the design?
Mr. Michael O. Stevens' answer
In order to avoid legal issues you would need a license from the copyright holder of the three photos, and then also a license from the trademark holder for the character. This assumes the character is trademarked and the photos you used are copyrighted.
In order to avoid legal issues you would need a license from the copyright holder of the three photos, and then also a license from the trademark holder for the character. This assumes the character is trademarked and the photos you used are copyrighted.
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