Paul Overhauser’s Answers

Paul Overhauser

Indianapolis Intellectual Property Law Attorney.

Contributor Level 5
  1. 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?

    Answered about 2 years ago.

    1. L. Maxwell Taylor
    2. Paul Overhauser
    3. Mario Sergio Golab
    4. John E. Whitaker
    5. Philip Leon Marcus
    5 lawyer answers

    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...

    3 lawyers agreed with this answer

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

    Answered over 2 years ago.

    1. Paul Overhauser
    2. Daniel Nathan Ballard
    3. Gary D. Bollinger
    3 lawyer answers

    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...

    1 lawyer agreed with this answer

  3. Copyright Infringement for painting?

    Answered almost 3 years ago.

    1. Paul Overhauser
    2. Maurice N Ross
    3. Pamela Koslyn
    4. Vincent T Lyon
    5 lawyer answers

    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...

  4. Copyright Infringement for painting?

    Answered almost 3 years ago.

    1. Paul Overhauser
    2. Maurice N Ross
    3. Pamela Koslyn
    4. Vincent T Lyon
    5 lawyer answers

    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...

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

    Answered about 3 years ago.

    1. Paul Overhauser
    2. John E. Whitaker
    3. Patrick Michael Dwyer
    4. Jennifer Claire Kuhn
    5. Monroe Yale Mann Jr.
    5 lawyer answers

    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