New York Commercial Real Estate Attorney.
The "Getty Barrage" of letters has been going on for some time now. They employed a firm to do a web scouring for their images and have sent letters out to all commmercial sites that have any Getty images on them. This is very likely just an attempt to show an effort at enforcing and declaring their copyright for images for which they may not have filed copyright protection. So, the main issue has been whether Getty has a filed copyright for the images they are talking about in their letter....
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It is a violation of the adminisitrative code and not a crime so it does not go on your record. Normally when you appear you pay a fine (from $25 to $100)and go home. Just don't ignore it so that a warrant doesn't issue due to your non-apperance.
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Please see our site that relates directly to this issue for further information. This barrage is continuing and we are repesenting a number of companies that are taken a united stance against Getty. I have attached a link to site
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Its always complicated to answer what seems like a simple question - "what can I get for ..." because criminal law is not as clear cut as folks might think. Crim trespass 2nd Degree is a class A misdemeanor punishable by up to a year in jail, $1,000 fine, 3 years probation.. But if it is your first arrest, it is highly unusual to receive jail time for a misdemeanor trespass which are usually plea bargained down to a lower offense, like simple trespass. SImple trespass is a violation and not...
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Not a good idea. "inspiration" and "infringement" are near each other in the dictionary and the law. LucasFilm is also a very aggressive trademark and copyright litigator. Your own question tells you why you will likely have problems if you do this and they find out about it. You want buyers to associate your product with their films, that's the whole basis of your design and business model. Trademark law (and copyright law) is meant to prevent this kind of "trading" on the intellectual...
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NY does not have a 5K1 statute or anything like it. Each case has to be worked on separately with a cooperation agreement. Your defense lawyer must contact the DA to see if they are interested.
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There is no 90% rule. Companies and individuals that own copyright and trademark in deisgns and images also own the right to make derivative works. Your work would have to be sufficiently "transformative" to be a successful defense to any infringement claim and that would be your burden to prove in court when you got sued by the rightsholders. Also chances are your clients are asking you to reproduce these images so that they are recognizable for who and what they are. They are not going to...
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An idea is not copyrightable. Its when you put that idea into a form of tangiblle expression, like a treatment or a screen play. Titles are almost never copyrightable (unless they become a trademark or there are sequels involved) Take a screenwriting class online or buy any of a number of books that tell you how to do it. Or pay a screenwriter (look on craigslist and get an agreement crafted by an IP lawyer first) But you have miles to go before you can convert an idea into a pay off but then...
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Alot will depend on the value of what it is alleged you stole. Lawyers try to gauge their fees based on how many appearances and how much time it will take to resolve the case in the best way possible. Most criminal defense lawyers wilquote a fee over the phone ro offer a free consultation. Spealk with at least 3 local lawyers who practice criminal defense in the courthouse where you will be going. Chances are their fees will all be in a similar range and you can make a determination which...
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Generally speaking there is no copyright infringement in using a short quote. You have to be careful about using quotes that may have become someone's trademark, but that does not seem to be an issue with the work you are contemplating. If a quote makes someone look poorly or is disparaging, you may want to err on the safe side and not use it or cite to its source and make sure you are quoting accurately.
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