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1 Answer | Asked in Copyright on
Q: Can anything hinder me from using PUBLIC DOMAIN books in a videogame I'm making? I want them to be readable in the game

There will be shelves in some of this videogame's settings, and I want the books that are on them to be readable. It's a game that talks about philosophy, mysticism and psychology. The books wouldn't be a "must" to succeed in any stage of the game, but they'll just add to the depth of the... Read more »

Gabriel A Watson
Gabriel A Watson answered on Apr 28, 2020

Generally speaking, In the United States, the term "public domain" is used to describe creative materials that are not protected by intellectual property laws. With some exceptions, anyone can use works within the public domain--and nobody can own them. This means that you can use works that are in... Read more »

1 Answer | Asked in Copyright, Intellectual Property, Patents (Intellectual Property) and Trademark on
Q: If I have produced a parody logo of the Levi's logo with the letters rearranged, does this infringe copyright?

This logo would be to print on t-shirts to sell on an online store.

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 28, 2020

I would not do it

Very likely you could face repercussions

Parody has its limits.

1 Answer | Asked in Copyright and Intellectual Property for Georgia on
Q: Illegal Copyright Trolling?

Hi there, I was having a discussion with my friends about a theoretical scheme between copyright lawyers and something like a movie studio. If they conspire to upload the material to a bittorrent site themselves in order to sue infringers, is that illegal? The closest thing we could think of would... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 28, 2020

probably very illegal

Lots of parts to analyze, if it is a real concern you should consult with an attorney

www.legalbizglobal.com

2 Answers | Asked in Contracts and Copyright on
Q: question about copyright laws and licensing laws and use of franchise characters and assets

if i were to get a a licensing agreement to use a franchise and its characters for the production of a video game from the curent copyright holder and if there was another game from say 15-20 years ago that was made by someone else who had a license at the time but may no longer and i wanted to... Read more »

Barbara Berschler
Barbara Berschler answered on Apr 27, 2020

In order to answer any of your questions, you need to obtain a copy of the earlier licensing agreement so that you know what rights the copyright owner may have given up. For example, was it an exclusive license to use the characters in particular ways? If so, then even the copyright owner no... Read more »

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1 Answer | Asked in Copyright and Business Law on
Q: Can I use the phrase "it's Pimm's o'clock" for my t shirt business without violation
Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 27, 2020

It depends on what the meaning of Pimm or Pimm o'clock mean.

It may or may not be a violation.

Marcos

www.legalbizglobal.com

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for New Jersey on
Q: Patent holder wants to block me from selling on Amazon similar product which everyone is selling for many years.

I have a product which was invented by some person many years ago, but wasn't patented. So, now many people sold this product too. But one company modified one detail of the product, and because they couldn't patent this as invention, many sellers, include me, also was selling this product with... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 27, 2020

Very low chance to win. Not worth the fight unless you have a lot of money and makes sense to you.

I strongly suggest moving on.

Marcos E. Garciaacosta

www.legalbizglobal.com

1 Answer | Asked in Copyright, Personal Injury, Internet Law and Libel & Slander for Florida on
Q: Hello, I have somewhat of an online presence and someone that I used to speak to as a friend has decided to leak my nude

photos from OnlyFans (a protected site that subscriptions are payed for) as well as has leaked my previous home address, phone number, and still constantly harasses me via twitter through multiple accounts.

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 27, 2020

You should report to the police.

As far as leaking photos, you should consider filing for copyright registration and sue him for infringement.

You should consult with an attorney quick.

Marcos

www.legalbizglobal.com

1 Answer | Asked in Gaming, Copyright, Intellectual Property and Patents (Intellectual Property) for Georgia on
Q: Can I use parts identical to LEGO parts (non-patented/expired) in a commercial virtual reality game?

The parts are sourced from an online community (LDraw.com) that models the LEGO parts in 3D attempting to digitally archive the LEGO parts, so they are as close to the original as possible. I am attempting to create a virtual reality game where these parts can be built in a similar way (but in a... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 27, 2020

It will depend on what parts you are referring to.

If they are the ones out of protection, you could use them. But you need to make sure they do not have other protections, common law or statutory.

You should definitely consult an attorney to be better guided.

Marcos...
Read more »

1 Answer | Asked in Copyright on
Q: copyright

Our company has built an e-gaming information website. We need to publish articles on it regularly. We sign some writers to write articles for us. But that's not enough. We need more contents. So we plan to reprint articles from other e-gaming companies' official website. We have obtained verbal... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 27, 2020

I strongly suggest you get a formal, paper (e)signed agreement on what they are agreeing to.

The trail of evidence may be enough for a litigation, but a one document spelling everything is better.

You should have an attorney next to you to walk you through all these questions, to...
Read more »

2 Answers | Asked in Copyright, Business Formation, Business Law and Intellectual Property for Kansas on
Q: Purchasing digital assets in a contractual manner from individuals?

Hey all!

I'm creating a software product to launch into the mass market, and I currently have a few people helping out with artwork for UI design and other digital assets. I've mentioned to them that I'd purchase all the assets they've produced in bulk after the final revisions come through... Read more »

Barbara Berschler
Barbara Berschler answered on Apr 27, 2020

Hopefully your project won't end in litigation. However, because there is a lot at stake, it would be good to work with local business counsel familiar with intellectual property issues before you proceed any further. It is important to remember that if you do not have a writing in place from the... Read more »

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2 Answers | Asked in Copyright for Maryland on
Q: A local govn't agency wants to make a karaoke video with a copyrighted song. Is a license needed? How to obtain?

The video would go on YouTube/FaceBook/Twitter and other social media sites. It is a salute to our heroes killed in the line of duty. No profits or money would be exchanged in any way. If a license is needed, what is the best way to accomplish this?

Barbara Berschler
Barbara Berschler answered on Apr 27, 2020

That sounds like a worthwhile project, but you will still need to get permission from whomever owns the copyright in the song. Also most songs have music and lyrics, so there could be 2 copyright owners. The service providers will want to know that you have the rights to post your version of the... Read more »

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1 Answer | Asked in Copyright for Maryland on
Q: Can I assign ownership of my BMI registration from myself to my company?
Barbara Berschler
Barbara Berschler answered on Apr 26, 2020

Is it that you want your company to be the owner of the royalty stream for a particular work? BMI does allow for the assignment of such rights and has a form to use. However, once you assign the rights you no longer will have access to the royalty rights unless you have the rights reassigned to... Read more »

1 Answer | Asked in Intellectual Property and Copyright for Texas on
Q: What is the legality involved in representing a copyrighted piece of visual art in a literary work?

Say I was writing a fiction novel and wanted to overtly reference a distinct piece of visual art created by a real, living artist. Could describing it in detail in a literary work infringe on copyright? Specifically if I changed the context of the art, in this instance had the piece created by a... Read more »

Barbara Berschler
Barbara Berschler answered on Apr 26, 2020

You pose an interesting question, not easily answered based on what you have described. However, there is a concept in copyright law called "moral rights." Some countries, like France, take a broad view of the concept. In the US, moral rights are addressed in Section 17 U.S.C. 106A. They are... Read more »

2 Answers | Asked in Copyright and Intellectual Property for New York on
Q: Can I mimic/copy famous brand label ( logo vector)with changes? For example , Veuve clicquot champagne label

Not exact copy, it says soy candle , and New York instead of France , also my store signature instead of original.

Barbara Berschler
Barbara Berschler answered on Apr 26, 2020

Not a good idea because not only would you be infringing the copyright rights but also the trademark rights of the owner of the famous brand.

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2 Answers | Asked in Copyright for Georgia on
Q: Gulfstream Areosoace is saying they trademark the words Gulf Stream from being placed o anything? True?

When Gulf Stream is related to the oceans current? The Gulf Stream, together with its northern extension the North Atlantic Drift, is a warm and swift Atlantic ocean current that originates in the Gulf of Mexico and stretches to the tip of Florida, and follows the eastern coastlines of the United... Read more »

Bill Hulsey
Bill Hulsey answered on Apr 24, 2020

Only for the described goods and services.

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1 Answer | Asked in Copyright and Patents (Intellectual Property) for Illinois on
Q: I am writing a book of pet knowledge and after 50+ years of study i say that the Glofish in the pet shops are fake.

the fiction out there says they are .GMO and are both copyrighted and pattented. Can this be true of a fish?

mike

Peter D. Mlynek
Peter D. Mlynek answered on Apr 22, 2020

There are patents on Glofish. See for example, https://patents.google.com/patent/US8378169, which has expired.

Glofish is also trademarked. There are about 37 different trademarks "Glofish" or a variation thereof; I how many of those are associated with the fish.

1 Answer | Asked in Copyright for Texas on
Q: Can I use a diagram in a textbook and explain it in my own words for educational purpose and post it on YouTube?

Would I be able to describe and make a video about a topic and use a diagram or picture in a textbook under fair use laws, for posting on YouTube as nonprofit? Would I get copyright strikes?

Bill Hulsey
Bill Hulsey answered on Apr 22, 2020

Take a look at the requirements for fair use of copyrighted subject matter. Here is a link to a page by Stanford University on the issue: https://fairuse.stanford.edu/overview/fair-use/what-is-fair-use/

If you comply with the fair use restrictions, you are probably fine.

1 Answer | Asked in Copyright for Missouri on
Q: Do I need to copyright an autobiography?
Barbara Berschler
Barbara Berschler answered on Apr 22, 2020

Once you "fix" a work, meaning making it perceivable by others, the rights of copyright immediately attach. So that part is covered. But in order to ease enforcement of those rights, it is wise to register the copyright with the Copyright Office. The Copyright Office's website... Read more »

2 Answers | Asked in Copyright and Trademark for California on
Q: Hello My friends and I are making a Star Wars products review video would it be considered under fair use? Thank you

We’re worried that because Disney is so strict with their brand that they’ll take down our videos if their logo is showing anywhere on the screen. This is for YouTube we are only reviewing our personally owned products.

Tania Maria Williams
Tania Maria Williams answered on Apr 21, 2020

Keep in mind that "fair use" is a defense to infringement. And yes, you're correct that Disney is very litigious, but reviews and commentary are protected under the statute.

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2 Answers | Asked in Copyright for Pennsylvania on
Q: If a song is in the public domain, and someone writes a song with some of the same melody, can I still play the song?
Tania Maria Williams
Tania Maria Williams answered on Apr 21, 2020

It's not clear which song you intend on playing, where and how. The song in the public domain may be able to be used, but the person who wrote the new song has copyright protection in their song.

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