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Danial Alan Nelson

Danial Nelson’s Answers

6 total

  • Copyright infringement law

    I made a logo and the design for two pages that are going to be published in a famouse directory book and webpage. Since I dont have a graphic designer license they refuse to pay me for my work. My designs are going to be published/uploaded soon. ...

    Danial’s Answer

    The below does not constitute legal advice, does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action.

    Just make sure you register copyright in your work. You can do so electronically at www.copyright.gov. While registration is a prerequisite to suit, pre-infringement registration is a prerequisite to certain damages under the Copyright Act.

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  • Copyrights on Video Game Characters.

    I'm thinking of making carvings out of wood of various video game characters (mario, luigi, etc...) and selling them. Would this be copyright infringement?

    Danial’s Answer

    The below does not constitute legal advice, does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action.

    The Mario Brothers characters are highly deviloped characters that are deserving of copyright protection. The making of these carvings would be copyright infringement in that they are unauthorized derivative works. The copyright owner would likely be entitled to your profits from the sale of the infringing works, and perhaps other damages under the Copyright Act.

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  • Time period of copyright layout in graphic industry

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    Danial’s Answer

    The below does not constitute legal advice, does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action.

    Copyright in a work created on or after January 1, 1978, subsists from its creation and endures for a term consisting of the life of the author and 70 years after the author’s death.

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  • Do I need a trademark for my photography work when selling it online/offline and do I have to copyright each and every image?

    I want to start selling my photography work, and have a name for an online/offline store. Do I need to trademark the name for posession, and do I hav to copyright each and every image I take, and have already taken?

    Danial’s Answer

    The below does not constitute legal advice, does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action.

    Courts tend to focus on the "number of infringed works" when allowing copyright damages. So it is adivisable to register individual photographs whenever possible.

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  • I want to start a business selling t-shirts with my drawings on them but i'm not sure if i have to copyright them first.

    do i need to copyright any of my designs, or drawings before i add them to a t-shirt and try to sell them? If i do what are the steps to take and where can i find the information to do it?

    Danial’s Answer

    The below does not constitute legal advice, does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action.

    You don't have to register your work before you use it in this fashion. However, it is advisable that you do register it, since pre-infringement registration is a prerequisite to statutory damages and attorneys fees against an infringer.

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  • Where can I get images/photos online that will not violate copyright laws?

    I have spent weeks researching, asking many internet savvy professionals where I can get photos online, or purchase, without violating copyright laws. I also realize that many photo owners also must give permission to use their online photos, but...

    Danial’s Answer

    The below does not constitute legal advice, does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action.

    There are several "microstock" services that license photographs for as little as $1. It may make much more sense to pay for licenses and receive security. While obtaining a photograph from someone purporting to be giving it away may protect you from a claim of wilful copyright infringement, you may still be liable if someone else actually owns copyright in the photograph you use .

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