Archived
Q: If I had an NHL/MLB official licensed photo and I framed it, can I use the player’s name in the sales description?
David's answer
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Answered on July 23, 2020
You had better be very sure that "officially licensed" is true. If true you should be entitled to accurately describe to purchasers what you are...
Archived
Can you put a catch phrase on a hat? Let’s say phrase that was said organically in a tv reality show?
David's answer
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Answered on July 23, 2020
Organically, as in a chemical composition containing carbon? Phrases, may not be copyrightable individually and may be a tiny part of the whole...
How can I legally advertise a Jimmy Buffett tribute band concert?
David's answer
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Answered on July 23, 2020
Make sure the venue has performance licensws from ASCAP and BMI. If they don't there could be copyright issues in playing any live music. If you...
Franchisor, Licensor, or a Consultant? Disclosure docs or just a business agreement contract?
David's answer
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Answered on July 22, 2020
It sounds like your assumption that what you are proposing is not a franchise could be in error. Curious is your comment that the other party...
Can I sell t-shirts that borrow design elements from stylized letters on a music album cover that isn't apparently trademarked?
David's answer
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Answered on July 22, 2020
If you need to ask that's a good indication that the appearance might have sufficient recognition for there to be common law trademark concern. ...
Will I get into trouble with DC Comics if I name one of my god-like species the New Gods?
David's answer
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Answered on July 22, 2020
It's not entirely clear what problem you are exploring. Certainly Olympian gods have been around for thousands of years. Don't use any artwork of...
Can one sell products based on other peoples' recipes, using their name?
David's answer
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Answered on July 22, 2020
As pointed out, the chemical process might be patentable, but that's pretty rare. A list of ingredients is unlikely to be copyrightable -- it's...
Archived
I posted my artworks on Instagram with related hashtags. Does that mean it is “published” for registration purposes?
David's answer
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Answered on July 22, 2020
If you want free information, read the Circulars from the Copyright Office. Chances are that unless there are weird privacy settings, publishing...
Is the full name required on a legal contract or can your initial be used?
David's answer
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Answered on July 22, 2020
You should probably retain a lawyer if this is about enforcing a specific contract. Use logic. If the contract needs to be signed by a person of...
What are the implications of signing a release of my name and likeness for an employer? Should I sign this?
David's answer
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Answered on July 22, 2020
They can use your name and picture and don't have to pay you extra. But evaluating the impact depends on a lot of variables that should be...
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