Lee Kim's Answers

What is a "derivative work" and how much do you have to change a song to make it yours?

1. The federal copyright law defines a "derivative work" as follows at 17 U.S.C. 101: A “derivative work” is a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted. A work consisting of editorial revisions, annotations, elaborations, or other modifications which, as a...

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Selling a Patent

It would seem that you should start looking at the businesses that may be interested in the subject matter of your patent. Then, perhaps with the help of an attorney, you can negotiate the sale of your patented technology to the other company. Another suggestion is that you may want to look into intellectual property auctions or intellectual property brokers. I have heard of them, but have no information or experience otherwise. Best of luck. DISCLAIMER: The foregoing is not...

Do I have to trademark or copyright each design that I put on a piece of clothing?

Any original design you create is automatically copyrighted under the federal copyright laws. However, in order to enforce the copyrights in federal court, these must be registered. In certain instances, you may be entitled to a group registration of your copyrighted works. Copyright registration is relatively affordable. Your trademarks -- to the extent that they act as source indicators -- have some degree of protection under "common law" as unregistered marks. (Pennsylvania, like many...

Is it legal to derive a restaurant logo from a piece of folk art?

I would suggest that you seek the advice of counsel who would may be able to inform you whether this is "fair use" under the copyright law. The lawyer may ask you to examine the original artist's piece and your logo design in order to render advice. The lawyer may also suggest that a trademark search be done to make sure that your design is not the same or substantially similar to other design marks that are out there. In addition, to the extent that there is a literal element to your...

How I can determine whether my invention is novel

You can enlist the help of a qualified patent practitioner who can help you conduct the search. However, better quality searches may result from the use of the "EAST" system which is available at the United States Patent and Trademark Office's public search room. (The patent searcher may use this tool to conduct the search.) The patent practitioner can analyze the patent search results to help you determine whether it is worthwhile to pursue a patent application. DISCLAIMER: The...

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Should I register my domain name even though it is a common word/phrase?

The term that you use may be considered descriptive or generic by the United States Patent and Trademark Office ("USPTO") if you were to file a federal servicemark application. Descriptive and generic marks are not protected under the federal trademark law in the United States. However, descriptive marks may receive protection if they acquire a "secondary meaning" in the minds of consumers to distinguish the services of your business from that of others. (It can be an uphill battle trying to...

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I have an idea for a device that combines two readily available technologies. Is such a thing patentable?

It may be a good idea for you to retain a qualified patent attorney who can conduct a reasonably thorough patent search and give you an assessment about whether your invention is patentable. Searching the web is not a bad idea; however, a patent search which utilizes the "EAST" system at the USPTO is generally much more thorough. As others have stated, the patent attorney can evaluate your invention to help your determine whether the device appears to be novel, non-obvious to one of...

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Is it an infringement of intellectual property if one sews others' designs?

You may find the following web page from the United States Copyright Office helpful (linked to this answer). Included in this page is a reference to design patents. There are some design patents that have been granted for fashion items. (The "D" for the numbered patents below denote design patents that have been granted by the United States Patent and Trademark Office ("USPTO").) See, e.g., D564,224 for a "Handbag" assigned to Gucci America, Inc., D520,248 for a "Design for Leather...

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What should I look for in a trademark attorney?

An additional suggestion is that you can check their ratings by way of Martindale-Hubbell, a well-regarded attorney directory. If the attorney is "AV" rated, this is considered the best rating available. DISCLAIMER: THE FOREGOING IS NOT INTENDED TO BE LEGAL ADVICE NOR DOES IT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.

We wish to show movies (DVD's) at a non profit science fiction convenction, what do we need to do to be protected and not break

You may want to consult licensing rights societies such as the one that is linked below to see if they can be of assistance in granting your entity the appropriate copyright permission(s). DISCLAIMER: THE FOREGOING IS NOT LEGAL ADVICE BUT RATHER FOR EDUCATIONAL PURPOSES ONLY AND DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.