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Copyright Questions & Answers
Q: Would I be violating copyright law(s) is use personal account to upload videos to business page?
Will Blackton's answer
Violation of copyright law does not happen in a vacuum. If you're concerned that you'll violated copyright law by uploading video taken by your business partner, the simple fix is to ask your business partner for (written) permission to do this. Someone has to enforce their interest in the copyright for there to be a consequence. If your business partner allows you to do a specified thing with creative works they've authored, and they do not revoke that permission, you would be free to do...
Violation of copyright law does not happen in a vacuum. If you're concerned that you'll violated copyright law by uploading video taken by your business partner, the simple fix is to ask your business partner for (written) permission to do this. Someone has to enforce their interest in the copyright for there to be a consequence. If your business partner allows you to do a specified thing with creative works they've authored, and they do not revoke that permission, you would be free to do...
Q: I uploaded a photo on Instagram another user reposted to promote a business, can I sue?
Will Blackton's answer
If you took the photo and uploaded it to Instagram and another user misappropriated the image for their own use, that is copyright infringement. Yes, you could sue, but if you did not register the image with the U.S. Copyright Office, you'd only be entitled to recover "actual damages." The measure of actual damages is difficult to show and any recovery may be less than the cost of bringing a suit.
Talk with an attorney licensed in your state before taking any action; I am not your...
If you took the photo and uploaded it to Instagram and another user misappropriated the image for their own use, that is copyright infringement. Yes, you could sue, but if you did not register the image with the U.S. Copyright Office, you'd only be entitled to recover "actual damages." The measure of actual damages is difficult to show and any recovery may be less than the cost of bringing a suit.
Talk with an attorney licensed in your state before taking any action; I am not your...
Q: Would it be possible to sell t-shirts with prints/images of works of art pre 1900 ad?
Will Blackton's answer
**All copyrightable works published before 1923 are now in the public domain** (these works entered the public domain no later than 1997). There are still two issues to be concerned about before assuming work is in the public domain.
One wrinkle in this blanket statement is that the publication must have been authorized. Famously, the song "Happy Birthday" was published in 1912 in "The Beginners' Book of Songs" and again in 1915 in "The Golden Book of Favorite Songs." If you were...
**All copyrightable works published before 1923 are now in the public domain** (these works entered the public domain no later than 1997). There are still two issues to be concerned about before assuming work is in the public domain.
One wrinkle in this blanket statement is that the publication must have been authorized. Famously, the song "Happy Birthday" was published in 1912 in "The Beginners' Book of Songs" and again in 1915 in "The Golden Book of Favorite Songs." If you were...
Q: My college merged with another school and the name was changed. Would I be able to print the old name on shirts to sell?
Will Blackton's answer
You can find out if someone owns a live trademark on "Philadelphia University" by searching the United States Patent and Trademark Office's Trademark Electronic Search System. Pennsylvania also has a state trademark registration system, so search there also. If someone owns the trademark, contact them and obtain a license for your intended use. If your search doesn't turn up anything, you should contact an attorney in your state to determine your legal liability for using the name and logo...
You can find out if someone owns a live trademark on "Philadelphia University" by searching the United States Patent and Trademark Office's Trademark Electronic Search System. Pennsylvania also has a state trademark registration system, so search there also. If someone owns the trademark, contact them and obtain a license for your intended use. If your search doesn't turn up anything, you should contact an attorney in your state to determine your legal liability for using the name and logo...
Q: Do i own the copyrights to my photographs?
Will Blackton's answer
Absent (a) an employee-employer relationship or (b) a written agreement, signed by both parties, describing the photographs as works "made for hire," photographers retain the entire copyright interest in their works. Depending on the creative contribution of the subject, there is an argument that you could be joint authors of the photographs, but that is unlikely in this scenario.
It's best for photographers to have written agreements with their clients, determining the rights and...
Absent (a) an employee-employer relationship or (b) a written agreement, signed by both parties, describing the photographs as works "made for hire," photographers retain the entire copyright interest in their works. Depending on the creative contribution of the subject, there is an argument that you could be joint authors of the photographs, but that is unlikely in this scenario.
It's best for photographers to have written agreements with their clients, determining the rights and...
Q: I want a IegaI advice 0n a scam that happened t0 me i was part 0f victim 0f it...It was a cashiers check scam from faceb
1 Answer
| Asked
in
Consumer Law, Copyright, Criminal Law and Personal Injury
for
California
on
Answered on Jun 1, 2017
Answered on Jun 1, 2017
Peter Munsing's answer
Contact RCMP if it was from Canada and FBI; Not sure why you are on hook--unless you cashed it? This isn't a legal question as much as law enforcement.As far as bank claims, frozen accounts check with National Consumer Law Center. Look for a consumer attorney via naca.net
Contact RCMP if it was from Canada and FBI; Not sure why you are on hook--unless you cashed it? This isn't a legal question as much as law enforcement.As far as bank claims, frozen accounts check with National Consumer Law Center. Look for a consumer attorney via naca.net
Q: I created and publicly displayed art. A friend volunteered to take photos. Who owns the rights to use the photos?
Ali Ebrahimzadeh, Esq.'s answer
It depends on the written agreements between you and the artistry of the photos. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child...
It depends on the written agreements between you and the artistry of the photos. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child...
Q: Hello,Can i use a pen name signing up my personal information on the copyright.gov website? Should i get it trademarked?
1 Answer
| Asked
in
Business Formation, Contracts, Copyright and Trademark
for
California
on
Answered on May 30, 2017
Answered on May 30, 2017
David Keith Hicks' answer
You can use any name you want to, as long as you don't defraud anyone or evade a tax. On tax returns they'll ask you for both. But those are confidential. It's called a pseudonym not a pen name, which is a term used for writers.
So, I'd say no. Names can be protected, but not if they are others' names as well.
A better alternative might be to form a limited liability company, or a subchapter S corporation.
You can use any name you want to, as long as you don't defraud anyone or evade a tax. On tax returns they'll ask you for both. But those are confidential. It's called a pseudonym not a pen name, which is a term used for writers.
So, I'd say no. Names can be protected, but not if they are others' names as well.
A better alternative might be to form a limited liability company, or a subchapter S corporation.
Q: I want to use 30-40 seconds of a personal arrangement of "here comes santa claus" in a doc film Do we need a license?
Ali Ebrahimzadeh, Esq.'s answer
Please disregard the irrelevant data in the last answer.
Answer: That is typically the case. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal...
Please disregard the irrelevant data in the last answer.
Answer: That is typically the case. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal...
Q: I'm trying to start a t-shirt business and do not want to commit copyright infringement.
Will Blackton's answer
If you are going to sell goods based on the Georgia Bulldogs logo, only the University of Georgia's IP management department will be able to decide if you will get in trouble or not. Modifying a copyrighted image for your own use is copyright infringement. Modifying a logo is also almost certainly trademark infringement.
You can seek permission from the rights holder to use their image and may have to pay a licensing fee or a portion of your profits.
If you are going to sell goods based on the Georgia Bulldogs logo, only the University of Georgia's IP management department will be able to decide if you will get in trouble or not. Modifying a copyrighted image for your own use is copyright infringement. Modifying a logo is also almost certainly trademark infringement.
You can seek permission from the rights holder to use their image and may have to pay a licensing fee or a portion of your profits.
Q: Is reposting content copyright infringement?
1 Answer
| Asked
in
Copyright and Intellectual Property
for
North Dakota
on
Answered on May 25, 2017
Answered on May 25, 2017
Will Blackton's answer
Yes, this is copyright infringement. If you do not have permission from the owner of those images to post them on your own website, you would be liable for copyright infringement. Attributing credit to the authors of those images does not absolve you of liability for copyright infringement.
Whether your use qualifies as fair use depends heavily on the specific facts and circumstances of your use. An attorney would have to review your website or plans for a website, before they could...
Yes, this is copyright infringement. If you do not have permission from the owner of those images to post them on your own website, you would be liable for copyright infringement. Attributing credit to the authors of those images does not absolve you of liability for copyright infringement.
Whether your use qualifies as fair use depends heavily on the specific facts and circumstances of your use. An attorney would have to review your website or plans for a website, before they could...
Q: Is reposting content copyright infringement?
1 Answer
| Asked
in
Copyright and Intellectual Property
for
North Dakota
on
Answered on May 25, 2017
Answered on May 25, 2017
Will Blackton's answer
Yes, this is copyright infringement. If you do not have permission from the owner of those images to post them on your own website, you would be liable for copyright infringement. Attributing credit to the authors of those images does not absolve you of liability for copyright infringement.
Whether your use qualifies as fair use depends heavily on the specific facts and circumstances of your use. An attorney would have to review your website or plans for a website, before they could...
Yes, this is copyright infringement. If you do not have permission from the owner of those images to post them on your own website, you would be liable for copyright infringement. Attributing credit to the authors of those images does not absolve you of liability for copyright infringement.
Whether your use qualifies as fair use depends heavily on the specific facts and circumstances of your use. An attorney would have to review your website or plans for a website, before they could...
Q: Is reposting content copyright infringement?
1 Answer
| Asked
in
Copyright and Intellectual Property
for
North Dakota
on
Answered on May 25, 2017
Answered on May 25, 2017
Will Blackton's answer
Yes, this is copyright infringement. If you do not have permission from the owner of those images to post them on your own website, you would be liable for copyright infringement. Attributing credit to the authors of those images does not absolve you of liability for copyright infringement.
Whether your use qualifies as fair use depends heavily on the specific facts and circumstances of your use. An attorney would have to review your website or plans for a website, before they could...
Yes, this is copyright infringement. If you do not have permission from the owner of those images to post them on your own website, you would be liable for copyright infringement. Attributing credit to the authors of those images does not absolve you of liability for copyright infringement.
Whether your use qualifies as fair use depends heavily on the specific facts and circumstances of your use. An attorney would have to review your website or plans for a website, before they could...
Q: if I was to start a music label could I use the name Universal Digital Group or would that conflict with Universal music
2 Answers
| Asked
in
Business Law, Copyright, Business Formation and Trademark
for
California
on
Answered on May 24, 2017
Answered on May 24, 2017
Walker Weitzel's answer
The test for infringement under Trademark Law looks at the likelihood of confusion for an ordinary consumer. You would ask whether an ordinary consumer is likely to be confused over the provenance of a product or service. Trademarks are product-specific, which is why there can be a Klein Honda as well as a Klein bicycle brand without there being a likelihood of confusion. In your case, however, it seems as though you would be in the exact same product space, and it would be very likely that a...
The test for infringement under Trademark Law looks at the likelihood of confusion for an ordinary consumer. You would ask whether an ordinary consumer is likely to be confused over the provenance of a product or service. Trademarks are product-specific, which is why there can be a Klein Honda as well as a Klein bicycle brand without there being a likelihood of confusion. In your case, however, it seems as though you would be in the exact same product space, and it would be very likely that a...
Q: Here's a question-
1 Answer
| Asked
in
Copyright, Intellectual Property, Trademark and Employment Law
for
New York
on
Answered on May 22, 2017
Answered on May 22, 2017
Ali Ebrahimzadeh, Esq.'s answer
I don't hear an IP violation here. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does...
I don't hear an IP violation here. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does...
Q: Are GIFs protected by copyright law? Is it legal to open a site like Tumblr only for GIFs without getting copyright inf?
Will Blackton's answer
Federal copyright protection attaches to an original work of authorship from the moment it becomes fixed in a tangible medium of expression. GIF files depicting some sequence of visuals would almost certainly qualify for federal copyright protection if they contain at least some tiny bit of creativity.
Federal copyright protection attaches to an original work of authorship from the moment it becomes fixed in a tangible medium of expression. GIF files depicting some sequence of visuals would almost certainly qualify for federal copyright protection if they contain at least some tiny bit of creativity.
Q: I started a video game news/blog site. Can I legally use screenshots and game images found online when writing on them?
1 Answer
| Asked
in
Copyright, Intellectual Property and Trademark
for
New Hampshire
on
Answered on May 21, 2017
Answered on May 21, 2017
Will Blackton's answer
To answer your question directly: No, it would not be legal to use screenshots and game images found online when writing for your video game news/blog site.
If you're going to repost screenshots of images created by video game publishers without their permission, you are opening up liability for a copyright infringement lawsuit. Depending on the use, you may have a fairly strong argument that your use qualifies as "fair use," however, fair use is a defense to a copyright infringement...
To answer your question directly: No, it would not be legal to use screenshots and game images found online when writing for your video game news/blog site.
If you're going to repost screenshots of images created by video game publishers without their permission, you are opening up liability for a copyright infringement lawsuit. Depending on the use, you may have a fairly strong argument that your use qualifies as "fair use," however, fair use is a defense to a copyright infringement...
Q: I want to use a religious symbol I found online for a poster. Are religious symbols free of copyright?
Will Blackton's answer
Religious symbols are not necessarily free of copyright protection. If the image you found online was created by an artist, and has some very minimal level of creativity applied to the work, that artist was granted copyright protection, even if the underlying symbol is in the public domain or otherwise free of copyright.
Are you interested in reselling the poster, or just having one printed for your own personal use? Contact the artist and see if they license the work for such...
Religious symbols are not necessarily free of copyright protection. If the image you found online was created by an artist, and has some very minimal level of creativity applied to the work, that artist was granted copyright protection, even if the underlying symbol is in the public domain or otherwise free of copyright.
Are you interested in reselling the poster, or just having one printed for your own personal use? Contact the artist and see if they license the work for such...
Q: I have a file on GitHub that says in the file "this is not to be shared or used". The file does not have legal copyright
Will Blackton's answer
It's unclear from your post whether you created this file or you're reusing a file that someone else created. The moment an author creates something new with some degree of creative input, that work is afforded copyright protection. While there are many benefits to registering work with the U.S. Copyright Office, it's not necessary for the work to be considered copyrighted. The author of new work has the ability to restrict the use or reuse of their work in a number of ways, requesting a...
It's unclear from your post whether you created this file or you're reusing a file that someone else created. The moment an author creates something new with some degree of creative input, that work is afforded copyright protection. While there are many benefits to registering work with the U.S. Copyright Office, it's not necessary for the work to be considered copyrighted. The author of new work has the ability to restrict the use or reuse of their work in a number of ways, requesting a...
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