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Paul Overhauser

Paul Overhauser’s Answers

5 total

  • Am i able to take a 100 Best African American Poems (ISBN13: 9781402221118) and make a digital copy of it to put on a website?

    The purpose is to allow people the ability to rent the digital book from the website, like a library, and use it on the kindle or e-readers. I would have to buy the book first to make the digital copy, but can i put it on the internet to do this ...

    Paul’s Answer

    You would be at risk of being liable for copyright infringement, as posting copyrighted works on the Internet can constitute infringement.
    You can avoid infringement by obtaining the permission of the party that owns the copyrights to the book. They might grant you permission for free, or, they may condition it upon you paying a license fee.
    There is a possibility that the book, or some of the individual poems are in the public domain. It may require some work to determine if this is the case. Public domain works may be posted on the Internet without the risk of infringing a copyright, but you should be sure to correctly identify the author(s) of the poems.
    Paul B. Overhauser
    www.overhauser.com
    www.iniplaw.org
    (317) 891-1500

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  • What Legal Rights Does The Host of a Server Have For Prosecution of Users Crashing It?

    If someone owns and/or hosts a private server for an online game (that is user-hosted server based), what legal rights does the server owner have for prosecution if a user on that server intentionally causes the server to crash (whether by third p...

    Paul’s Answer

    In addition to rights under the Federal Act, Indiana has several state laws that may give you a remedy, including computer tampering (Indiana Code 35-43-1-4) and computer trespass (Indiana Code 35-43-2-3). In addition, there may be claims for conversion, negligence, gross negligence, and trespass to chattels, but all these theories depend on the specific facts. Feel free to call if you'd like to discuss further.
    Paul B. Overhauser
    317 891-1500
    Overhauser Law Offices
    www.overhauser.com
    www.iniplaw.org

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  • Copyright Infringement for painting?

    I made a small canvas wall hanging for my niece's room. The image is of a cartoon character on Nick Jr. I printed a coloring page off their craft/activity tab of their website and traced it onto the canvas and painted it. I've showed it to a fe...

    Paul’s Answer

    It is good that you've identified this issue early, before it turns into a problem.

    It is most likely that the character is subject to copyright protection. However, there is a slight chance that the copyright has expired. For example, the copyright in the original "Mickey Mouse" character has expired. It is also possible that the website owner uses license terms that expressly authorize the type of use you contemplate, although that seems unlikely to me.

    A practical solution may be to email the website, explain what you'd like to do, and ask for their permission. They may grant you permission, although they may also expect a royalty on sales that you make.

    Paul Overhauser
    317 891-1500
    www.overhauser.com

    See question 
  • Copyright Infringement for painting?

    I made a small canvas wall hanging for my niece's room. The image is of a cartoon character on Nick Jr. I printed a coloring page off their craft/activity tab of their website and traced it onto the canvas and painted it. I've showed it to a fe...

    Paul’s Answer

    It is good that you've identified this issue early, before it turns into a problem.

    It is most likely that the character is subject to copyright protection. However, there is a slight chance that the copyright has expired. For example, the copyright in the original "Mickey Mouse" character has expired. It is also possible that the website owner uses license terms that expressly authorize the type of use you contemplate, although that seems unlikely to me.

    A practical solution may be to email the website, explain what you'd like to do, and ask for their permission. They may grant you permission, although they may also expect a royalty on sales that you make.

    Paul Overhauser
    317 891-1500
    www.overhauser.com

    See question 
  • I want to use pictures on my website, but don't want to pay for them.

    The bloggers don't seem to pay - why should I?

    Paul’s Answer

    The safest answer is that if you pay the copyright holder, you will have a license and will not be subject to being sued by the copyright owner. The bloggers could be at risk of being sued. However, there is a a great deal of public domain material on the internet that you can use free of charge. You can also buy CDs of artwork that includes a license to use the pictures on websites.
    Paul Overhauser
    www.iniplaw.org
    www.overhauser.com
    317- 891-1500

    See question