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Copyright Questions & Answers
1 Answer | Asked in Business Law, Copyright and Intellectual Property for Florida on
Q: I want to recreate old jewelry (1800s) with slight mods to brand and sell. Would this be a copyright violation?

I like discovering strange vintage pieces and I don't necessarily want to make "replicas" as I do want to make some alterations to the antique designs/make them more modern/brand-able. I just want to make sure I'm not stepping on anyone's toes/ violating some... Read more »

Robert Kost
Robert Kost answered on Jan 14, 2022

Jewelry is copyrightable, but from your description its copyright has long since expired. See: https://guides.library.cornell.edu/copyright/publicdomain

1 Answer | Asked in Copyright for Oregon on
Q: Is it considered copyright infringement if someone uses copyrighted initials in part of their name?

For instance, CPK is copyrighted by the Cabbage Patch Kids company. So if someone uses CPKCLAIRE would that be infringement? Specifically the ending of a URL, like blogspot.com/cpkclaire.

Update: In regards to Michael’s answer, CPK is a registered trademark, so if someone uses it with... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Jan 13, 2022

No, because you cannot copyright initials or even a signature. But, you can trademark initials and signatures.

1 Answer | Asked in Copyright on
Q: I have an art project I want to sell for profit. It is a book produced by Disney with added black light art on the pages

Am I allowed to sell this work if I use phrases and images that refer to Disney characters? I don’t know the extent of fair use and wish to understand how to go forward

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp answered on Jan 12, 2022

Disney is diligent in registering copyrights (as well as trademarks) for all of its content and character depictions, and very aggressive to abate any infringements, so you should be advised to steer clear of any adaptations.

1 Answer | Asked in Copyright and Communications Law for Ohio on
Q: My child was included in a broadcast on a news channel. Am I entitled to a copy of the broadcast?

Child is underage and I am the guardian/parent. Sent email requesting it and they claim they can't due to some copyright excuse. I've never heard of this from other requests I've made of other news outlets.

Joseph Jaap
Joseph Jaap answered on Jan 12, 2022

Whether they must give you a copy would depend on the terms of the agreement you made with them when you gave them permission to make a video using your child. They own the copyright in the video recording, but can only use it and broadcast it within the terms of your permission and agreement to... Read more »

1 Answer | Asked in Copyright and Trademark for Colorado on
Q: Need to know if I am allowed to us an alias name for a musical artist career.

The name I will be using is “Digitone”. Needing to make sure this doesn’t compete with trademarks under the name that are already in use. As I will not be making products that compete with these said companies that currently hold the trademarked name which seem to be around 5+ companies.

John Martin Hilla
John Martin Hilla answered on Jan 12, 2022

You certainly can use an alias or stage-name for your musical career. That name can also be registered as a trademark under the right circumstances.

I am a former professional musician-turned-trademark lawyer, and I specialize in assisting musical artists across the country with trademark...
Read more »

1 Answer | Asked in Copyright for California on
Q: Can you sell a photo taken inside a private property, specifically a parking building? Without property release?

I have taken a photo of a parking entrance. There are no people or logos included. Can I sell this photo and don't need any property release?

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp answered on Jan 11, 2022

No permissions are required to photograph the exterior of a building from a publicly accessible spot. The photographer owns the copyright in the photo, and may reproduce, distribute, sell or license it. The photographer should include a copyright notice ("© 2022 John Smith") on copies to... Read more »

2 Answers | Asked in Copyright and Trademark for Colorado on
Q: How do I get my trademark up to date

No pity self inflicted

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp answered on Jan 10, 2022

The application (serial number 86066606) to register NO PITY SELF INFLICTED was abandoned in 2014, for failure to respond to an action from the trademark examiner. It cannot be revived. If you still want to use and register the mark as before, you should consult an experienced trademark attorney... Read more »

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1 Answer | Asked in Copyright and Intellectual Property for Virginia on
Q: Is distribution on onlyfans.com content illegal if pictures are printed out and used in divorce court?

Onlyfans.com is copyrighted and I feel like this falls in intellectual rights violation. My soon to be ex husband and his lawyers presented images of my content without knowledge or consent.

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp answered on Jan 10, 2022

It is true that the photo/video content on the platform is the subject of copyright, and that the creators and the platform can assert their exclusive right to distribute the content. If one were to print the content and sell or redistribute it commercially, that would be an actionable... Read more »

1 Answer | Asked in Copyright and Intellectual Property for Michigan on
Q: Can someone make a documentary about a segment of my life without my permission? I live in Michigan.

I produced a film in Michigan in 2018 and now someone is attempting to make a documentary about the event without my permission. Do I have the legal protection to ask them to cease and desist? They are a resident of Ohio and are attempting to interview not only myself, but members of the cast and... Read more »

Brent T. Geers
Brent T. Geers answered on Jan 9, 2022

You would be wise to speak with an intellectual property attorney. If you are a producer of a commercial film, you may be considered a public figure, which affords you less privacy interest. Even if you are not a public figure, if the documentary is based on truth, I'm not sure what recourse... Read more »

1 Answer | Asked in Copyright and Trademark for California on
Q: Can I take a picture of a wrestling belt & use it as a template to create my own picture & use it on a shirt to sell?

I purchased a replica wrestling belt, and I was wanting to take a high resolution picture, upload it to my PC, and digitally through an art program to make an altered and custom version of the belt, and use that new image on a shirt to sell. I was wondering if that was something I can get in... Read more »

John Martin Hilla
John Martin Hilla answered on Jan 9, 2022

It is possible that you would be infringing on the trademark of the issuer of the belt (World Wrestling Federation, etc.). it is also possible that you would be infringing on the copyright of the designer of the original belt.

It is best to consult with an intellectual property attorney to...
Read more »

1 Answer | Asked in Business Law and Copyright on
Q: Can I buy Nike clothes from a thrift store and customize/modify them to resell them online?
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp answered on Jan 8, 2022

This should be okay, thanks to the "first sale doctrine" which allows the resale of products that constitute or contain someone else's intellectual property without the owner's permission, as long as the person lawfully owns the product. The first sale doctrine is codified in... Read more »

1 Answer | Asked in Copyright and Appeals / Appellate Law for California on
Q: Our account got terminated by YouTube

Hello, we got a false accusation by YouTube that we submitted abusive legal requests and terminated our account. Tried to reach them but they never response or take any action. Seeking a resolution for legal advise!

Joshua J. Schroeder
Joshua J. Schroeder answered on Jan 7, 2022

Greetings! Here I will discuss only general information regarding the topic you mentioned here. Nothing I express below creates a lawyer/client relationship. I encourage anyone experiencing a de-platforming issue to schedule a consultation with a lawyer that knows this practice area to get the... Read more »

1 Answer | Asked in Copyright for Ohio on
Q: Can I legally make digital designs using octonaut characters and have them printed on material and sell on etsy?
Joseph Jaap
Joseph Jaap answered on Jan 7, 2022

Without permission of the owner of the copyrights in those characters and their images, that would violate US Copyright Laws for which there can be civil and criminal penalties if the owner learns of your use. Use the Find a Lawyer tab to retain a local intellectual property attorney who can... Read more »

1 Answer | Asked in Trademark, Copyright and Intellectual Property for Georgia on
Q: If a word or phrase is trademarked, is each portion/tense also trademarked?

As a very rough example, if the phrase "Tigers" is trademarked by/for Auburn University, I would assume one could not produce apparel in school colors with the phrase "Tigers". However, is the word "Tiger" used in that same way also covered? Or is the first case... Read more »

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp answered on Jan 6, 2022

Trademarks are words, phrases and/or designs that are used to indicate the source of specific goods or services. The objective of trademark registration is to avoid the likelihood of confusion by purchasers as to the source. If a trademark is used and registered in the singular form, the plural is... Read more »

1 Answer | Asked in Libel & Slander, Copyright, Intellectual Property and Trademark on
Q: I want to write a medical drama. How do I know whether it plagiarizes/infringes on another or is illegal?

Any particular details I musn’t have in common - character relationship dynamics, certain specialties that make a show distinct (as far as I know, psychiatry makes Chicago Med somewhat distinct), following a seasonly promotion, etc?

Also, are there any other things to worry about legally... Read more »

Dane E. Johnson
Dane E. Johnson answered on Jan 6, 2022

You’ll probably want to make the medical scenes in your drama accurate but not so much because of a legal reason. Professional screenwriters often use medical consultants to provide realistic context to their stories for film and television.

Scripts also go through extensive clearance for...
Read more »

1 Answer | Asked in Bankruptcy, Contracts, Copyright and Collections for Colorado on
Q: What is the Statute of limitations in a auto-loan delinquency. The account was originally listed as “ “ “ charge off “

The account is now listed as closed, I never made any agreement/payment arrangements w/ creditor after the car was voluntarily repossessed.

Mike T. Ramsey
Mike T. Ramsey answered on Jan 6, 2022

Statutes of limitations vary by state. For example in Mississippi, the statute of limitations on an auto loan deficiency is only one year. Under Colorado Revised Statute 13-80-103.5, the statute of limitations is 6 years. This runs from the date of the last payment. The fact that it is... Read more »

1 Answer | Asked in Copyright for Florida on
Q: Is Font copyrighted?

I am a music producer and am in the process of creating an emblem and font style for my artist name. I found the font online. It is the "Alien Resurrection" font. Am I able to use this font to spell my name out to be represented as such or is that not aloud?

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp answered on Jan 6, 2022

The copyright law does not protect typeface or mere variations of typographic ornamentation or lettering. 17 U.S.C. § 102(b); 37 C.F.R. § 202.1(a), (e). Typeface includes typefonts, letterforms, and the like. Specifically regarding the "Alien Resurrection" font designed by Film Himmel... Read more »

1 Answer | Asked in Copyright for Minnesota on
Q: What does "that the material was removed as a result of mistake or misidentification of the material to be removed" mean

I am currently drafting a counter-response to a copyright infringement notice about a torrented file and must write "Your statement made under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 3, 2022

You should consult with an attorney.

1 Answer | Asked in Copyright on
Q: Is it legal to have a 15 second long audio clip from a movie or a series in your song? Or can you get copyright claimed?
Thomas James
Thomas James answered on Jan 3, 2022

Generally, you will need permission from the copyright owner to use a portion of their work. You have probably heard about "fair use." Contrary to popular belief, though, there is no bright-line test for how much of a recording is fair use. Courts weigh four different factors to make an... Read more »

1 Answer | Asked in Copyright and Patents (Intellectual Property) on
Q: Hello! How to get the right to use this patent for personal uses?

I am a teacher at school. I want to research Stanley Meyer's inventions.

Kevin E. Flynn
Kevin E. Flynn answered on Jan 1, 2022

First, I want to congratulate you for being a teacher (the world needs great teachers) and congratulate you for wanting to do the right thing with respect to patent rights.

The process on JUSTIA did not convey the number for the patent of interest to the patent attorneys. But here are...
Read more »

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