Ask A Lawyer

Ask a Question

Search Answered Questions by Legal Topic or Keyword

GO

Showing results in California for Intellectual Property

Questions & Answers

Andrew Kevin Jacobson
Interesting question. There is a four-part test for fair use. The first two parts deal with the question of the purpose of the (1) original work (the movie),  and (2) the use -- your audio commentary. While a podcast can be strictly educational, most seek revenue through the sale of ads, and... Read More
Interesting question. There is a four-part test for fair use. The first two parts deal with the question of the purpose of the (1) original work (the... Read More
Andrew Kevin Jacobson
1. Do not sue the court; it will waste your time and resources. An interlocutory appeal is highly unlikely to succeed, even if your appeal has merit, and I do not see any merit. 2. It is a very rare case that is sealed. It has long been a bedrock principle here in the United States that judicial... Read More
1. Do not sue the court; it will waste your time and resources. An interlocutory appeal is highly unlikely to succeed, even if your appeal has merit,... Read More
Andrew Kevin Jacobson
Here's the good news: Congress specifically exempted photographs or artistic renditions of buildings. See 17 USC 120(a):   (a)Pictorial Representations Permitted.— The copyright in an architectural work that has been constructed does not include the right to prevent the making,... Read More
Here's the good news: Congress specifically exempted photographs or artistic renditions of buildings. See 17 USC 120(a):   (a)Pictorial... Read More
Andrew Kevin Jacobson
Let me try to recast your facts in a manner a lawyer can understand, and then I'll have an answer for you. You and the partner wrote a few songs. He has recorded those songs onto an album, and is playing them live. I assume that (1) he is not giving you credit for the songwriting, (2) is not using... Read More
Let me try to recast your facts in a manner a lawyer can understand, and then I'll have an answer for you. You and the partner wrote a few songs. He... Read More

How to find a copyright attorney

Answered 3 months ago by attorney Andrew Kevin Jacobson | 1 Answer

Legal Topics: Intellectual Property

Andrew Kevin Jacobson
Lawyers.com is the right place to be to find a good copyright infringement lawyer. Use the "Find A Lawyer" function, type in "copyright infringement" and your city or zip code, and you'll get a list of experienced copyright infringement lawyers. As one, I'm very happy that you have registered... Read More
Lawyers.com is the right place to be to find a good copyright infringement lawyer. Use the "Find A Lawyer" function, type in "copyright... Read More

Fair use for images?

Answered 4 months ago by attorney Andrew Kevin Jacobson | 1 Answer

Legal Topics: Intellectual Property

Andrew Kevin Jacobson
Under 15 USC sec. 107, this is highly likely to be an allowable fair use. You are using it for a nonprofit educational purpose, you are using only one screenshot of a larger video, and your proposed use is not likely to cause the original to lose value. This is a strong case for fair use.
Under 15 USC sec. 107, this is highly likely to be an allowable fair use. You are using it for a nonprofit educational purpose, you are using only... Read More
Andrew Kevin Jacobson
1. People in public area may be photographed. There is a limitation on it, in that you cannot use it  to endorse a product or service without their permission (they have a right of publicity), but that isn't an issue here.  You cannot take a picture of them (without their permission) in a... Read More
1. People in public area may be photographed. There is a limitation on it, in that you cannot use it  to endorse a product or service without... Read More
Andrew S. Rapacke
Thank you for the question.  Our Firm has worked on similar matters with Facebook and can certainly contact the legal department at Facebooks.  The cost for a contacting the Legal Department and writing a letter on your behalf from our Law Firm is $500.00 If you are interested in... Read More
Thank you for the question.  Our Firm has worked on similar matters with Facebook and can certainly contact the legal department at... Read More
Andrew S. Rapacke
Thank you for your question. If you have created a original literary work (i.e., book) then it may be copyrighted. Our Firm charges $225 for a copyright and can have it complete with 24 hours. Please call our office 407-801-9368.   sincerely andrew Rapacke The Rapacke Law... Read More
Thank you for your question. If you have created a original literary work (i.e., book) then it may be copyrighted. Our Firm charges $225 for a... Read More
Andrew Kevin Jacobson
First, congratulations to your daughter -- writing and publishing a book is a major accomplishment. Second, she should register her copyright right now, as in today. Go to www.copyright.gov and she can do it herself if she has (a) a credit card to pay the $55 fee, (2) an electronic copy of the... Read More
First, congratulations to your daughter -- writing and publishing a book is a major accomplishment. Second, she should register her copyright right... Read More
David Scott Safran
Yes, you can refuse your inheritance, but not in advance since you don't know in advance if and what you might inherit. However, you could ask the person involved to remove you from his/her will.
Yes, you can refuse your inheritance, but not in advance since you don't know in advance if and what you might inherit. However, you could ask the... Read More
Ms. Lisa Ann Dunner
It is possible that this company is violating your trademark, although infringement in this case is dependent upon a number of factors, including which business has priority (who started using the mark first), how strong ElectroRide is as a trademark (vis a vis third parties using similar marks in... Read More
It is possible that this company is violating your trademark, although infringement in this case is dependent upon a number of factors, including... Read More
David Scott Safran
You do not appear to have either a copyright claim or a trademark claim. For a copyright claim, there would have to be copying and this could not occur if the other company never saw your work. Furthermore, short phrases are not protectable by copyright which is multiple books and songs have the... Read More
You do not appear to have either a copyright claim or a trademark claim. For a copyright claim, there would have to be copying and this could not... Read More
Michael Doland
It is almost certainly a bad idea to name a food product with the trademark of another food product. The person may "fly under the radar" for a while, but any litigatin by these multinational corporations, e.g Mars, would be the end of the business. 
It is almost certainly a bad idea to name a food product with the trademark of another food product. The person may "fly under the radar" for a... Read More
Michael Doland
Your question is a bit hard to answer in the abstract. If the name is an original one, and the other party is in Canada, there is probably very little risk unless you are in a "related-industry" scenario. Much will depend if the Canadian firm is doing business in the US. You could try to obtain the... Read More
Your question is a bit hard to answer in the abstract. If the name is an original one, and the other party is in Canada, there is probably very... Read More
David Scott Safran
If you are truly talking about the circuit drawing, that is something that you would register as a copyright, and not patent. If, on the other hand, you really mean what a circuit does, that may be something for which can obtain a patent. You need to consult with an Intellectual Property Attorney... Read More
If you are truly talking about the circuit drawing, that is something that you would register as a copyright, and not patent. If, on the other hand,... Read More
Michael Doland
A restraining order or injunction requires an underlying lawsuit.
A restraining order or injunction requires an underlying lawsuit.
Michael Doland
I can't imagine why it would be prohibited unless accompanied by other "illegal" behavior such as public lewdness or solicitation etc. 
I can't imagine why it would be prohibited unless accompanied by other "illegal" behavior such as public lewdness or solicitation etc. 
Michael Doland
Copyright of work made by an employee normally belongs completely to the employer.  Copyright of work made by an independent contractor normally belongs to the independent contractor unless there is a written "work made for hire" agreement transferring the rights to the employer. 
Copyright of work made by an employee normally belongs completely to the employer.  Copyright of work made by an independent contractor normally... Read More

Can you clarify disparagement?

Answered 2 years ago by attorney Michael Doland | 1 Answer

Legal Topics: Intellectual Property

Michael Doland
Legal definitions with a factual context are of almost no value. You have listed under Intellectual property: you may have meant defamation (libel and slander); trade libel (a business tort) or other things. 
Legal definitions with a factual context are of almost no value. You have listed under Intellectual property: you may have meant defamation (libel... Read More
Michael Doland
This question cannot be answered in the abstract. First, talk to your designer about what rights he/she may have in the font.  Next, a lawyer would want to see the contract between you and the designer. Then you need to contact a lawyer to review the agreement between you and the designer.... Read More
This question cannot be answered in the abstract. First, talk to your designer about what rights he/she may have in the font.  Next, a lawyer... Read More
Michael Doland
You need to meet with a lawyer and explain many more facts. Did you copyright your script? Did you register with Writer's Guild? What kind of company was it? What do you think the agreement was? Are there any written contracts or other documents? That would be the beginning, not the end of the... Read More
You need to meet with a lawyer and explain many more facts. Did you copyright your script? Did you register with Writer's Guild? What kind of company... Read More
Michael Doland
You have picked the correct category. You have copyright rights in photos taken by you whether you filed for copyright registration or not. Without registration, however, you cannot recover money damages and will be limited to an injunction preventing use. Additional facts may provide grounds for... Read More
You have picked the correct category. You have copyright rights in photos taken by you whether you filed for copyright registration or not. Without... Read More

Ownership of Artwork and Designs

Answered 2 years ago by attorney Michael Doland | 1 Answer

Legal Topics: Intellectual Property

Michael Doland
I suggest you settle this matter as efficiently as possible and move on to another business. The logo (or a trademark consisting of words)  is one of the most over-rated parts of a startup. People buy design, quality, price and business model of distribution, not cute names or logos. If you... Read More
I suggest you settle this matter as efficiently as possible and move on to another business. The logo (or a trademark consisting of words)  is... Read More
Michael Doland
It should be possible to achieve most if not all of your objectives as contract law permits tremendous freedom to the parties. Obviously the advise about how to do it will be fact intensive as to the subject matter of the seminars.  Enforcement of breach of contract or intellectual proprety... Read More
It should be possible to achieve most if not all of your objectives as contract law permits tremendous freedom to the parties. Obviously the advise... Read More
Intellectual Property
The legal system recognizes the rights of people and companies that invent and create unique works, granting them ownership of those tangible and intangible assets through a number of intellectual property laws. Intellection property, or IP, includes patents, trademarks, copyright, trade dress and trade secrets. Intellectual property attorneys work with businesses and individuals (including inventors, writers, composers, artists and designers) to help protect these intellectual assets. IP lawyers and law firms can assist with taking initial steps to protect assets, while also working with clients to license items and to protect assets that are plagiarized, infringed and/or misappropriated.
Have an Intellectual Property Question?
It’s Free & Easy.
Ask a Lawyer
Top Contributing Lawyers
Mark Tischhauser, Esq.

Attorney - Florida

310 Answers, 19 Legal Topics

Patrick Johnson

Attorney - Tennessee

237 Answers, 43 Legal Topics

Michael D. Siegel

Attorney - New York

141 Answers, 26 Legal Topics

Michael E. Fiffik

Attorney - Pennsylvania

116 Answers, 21 Legal Topics

Bruce Robins

Attorney - New York

96 Answers, 8 Legal Topics

R. Sam Price

Attorney - California

94 Answers, 13 Legal Topics

Lori Nevias

Attorney - New York

86 Answers, 31 Legal Topics

Do It Yourself Legal Forms
Go

Popular Forums