If I took a photograph of a trademark toy character like a star war action figure, do I own the copyright to that photo?
Gene's answer
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Answered on May 29, 2012
You own the copyright but you can't sell the photos without permission of the trademark owners (assuming trademarks can be seen).
Archived
Am I allowed to use movie news and images for a public fan site I'm creating on the internet?
Gene's answer
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Answered on May 28, 2012
The answer to this question is not YES or NO. Without answering your specific question, I can say that it is a fair use (and thus not a copyright...
Archived
Are facts covered by copyright, and do I need permission from the original source to use published facts?
Gene's answer
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Answered on May 28, 2012
You are not legally obligated to give any attribution to the source of your facts. I would also say that there is no absolute rule that you can...
Archived
Can I face or body paint an NFL logo or famous cartoon character on a person's body?
Gene's answer
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Answered on May 28, 2012
This is one of those questions where the legality is not the issue as much as is the question "what's the worst thing that can happen to me if I...
Archived
If I use a disclaimer do I need to acquire likeness rights?
Gene's answer
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Answered on May 28, 2012
You must be clearer about "mention". In any event, disclaimers never get very far in court. The reason they work with the shows you mentioned is...
Can I draw a picture with a trademarked object in it?
Gene's answer
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Answered on May 27, 2012
Yes. As long as the brand is incidental to the artwork I can not imagine any court concluding that there would be confusion that the brand owner...
Archived
Does the graphic artist own the rights to the image?
Gene's answer
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Answered on May 26, 2012
The original artist owns the copyright UNLESS it was agreed in writing that the company would own it. It would be surprising if there was not such...
Can I start an NBA podcast with the term "NBA" in the title?
Gene's answer
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Answered on May 26, 2012
The answer lies in the doctrine of "nominative fair use". This is probably THE most disputed area of trademark law...when it a use of someone's...
Archived
Can i use other companies products and combine them and sell them as my brand?
Gene's answer
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Answered on May 26, 2012
Without a doubt you can.
Archived
How can my website legally feature press logos from news organizations that wrote articles about our product's spokesperson?
Gene's answer
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Answered on May 25, 2012
Using someone else's logo is virtually always an infringement. I am unaware of any case where a court found a logo use to be a "fair use" because...
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