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Paul Overhauser’s Answers

8 total

  • What can we do/not do in a podcast about Godzilla movies? Still images? Music? Sounds? Do we add a disclaimer? What's fair use?

    (Entertainment Law) (Copyright Law) A friend and I are planning an audio podcast about the 30 Godzilla films, most of which were created by Toho Studios in Japan. It would be entirely from a positive movie appreciation angle, not for profit, wit...

    Paul’s Answer

    The question boils down to what is "fair use" of a copyrighted work. Unfortunately, the answer is rarely clear. Courts consider four factors in determining whether a use of "fair use:"
    the purpose and character of your use.
    the nature of the copyrighted work.
    the amount and substantiality of the portion taken, and.
    the effect of the use upon the potential market.

    It will be more likely that your use will be found to be a "fair use" if you:
    Focus your podcast on providing commentary / critique about Godzilla movies, and do not charge others to listen to your podcast
    Use only short excerpts of movies as neessary to allow you to provide commentary / critique (e.e., do not include extended audio clips)
    Ensure that the total amount of the movie used is not so much as to make others want to hear your podcasts instead of buying or renting an original Godzilla movie.
    I would be pleased to discuss this further if you wish.
    Paul B. Overhauser
    Overhauser Law Offices, LLC www.overhauser.com
    poverhauser@overhauser.com
    (Publisher of Indiana IP News www.iniplaw.org)
    317-467-9100

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  • How do I remove unauthorized copy of my patented product from amazon.com ?

    I am US based inventor who was recently granted utility patent on my product, my patent is already active and has been published in USPTO registry. All of the sudden, I have found identical copy of my patented product listed on amazon.com by forei...

    Paul’s Answer

    Although you can contact Amazon.com, that may not be successful. Most products on Amazon.com are sold though other stores/sellers, and a court decision in November, 2015 found that Amazon.com is not liable for patent infringement of infringing products. The decision can be found at http://www.finnegan.com/files/upload/LES_Insights_Column/2015/wawd-2-13-cv-01932-152.pdf. Therefore, it is suggested that you contact a patent litigator to have them send a cease and desist letter to the seller, as well as Amazon.com.

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  • My ISP said I have to settle with CEG-TEK on copyrightsettlements.com to reconnect my internet. What can I do?

    On November 31st, my internet was shut off. I received a letter saying there were 18 cases of copyright infringement from my IP address on the 20th and the 21st. Many of the times listed I was at work or with friends away from home. When I talked...

    Paul’s Answer

    • Selected as best answer

    You need to have an attorney talk to your ISP, and, probably threaten to sue (or sue) CEG-TEK for intentional interference with contractual relations.
    It sounds like CEG-TEK is making a bittorrent claim. If you are in Indiana, this may be helpful:
    http://www.iniplaw.org/cgi-bin/mt-search.cgi?search=bittorrent&IncludeBlogs=559&search=

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  • 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

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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

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  • 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

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