Archived
Can i get a public domain book, fix it up a bit (spell check, update terms, add pictures) , and sell it as an eBook?
James's answer
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Answered on January 11, 2013
In general, yes. That is one reason you see so many versions of "classic" literature on sale by different publishers. You need to be certain that...
How am I infringing on a trademark by engraving it on private property?
James's answer
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Answered on January 10, 2013
"I understand tattoo artists can tattoo copyrighted images on someone's skin." Tell that to the producers of Hangover 2. In that movie, one of...
Archived
How do I copyright a character? For example. How would i go about copyrighting Snoopy had I invented/drawn him originally.
James's answer
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Answered on January 10, 2013
Copyright exists the moment a work is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or...
Archived
Can a patent assignment be recorded after a terminal disclaimer is filed?
James's answer
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Answered on January 10, 2013
"Can a patent assignment be recorded after a terminal disclaimer is filed?" In general, yes. But the terminal disclaimer states that the two...
Archived
GettyImages claims that we have to pay 1000$ for the use of one of their photos.
James's answer
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Answered on January 10, 2013
You should retain a copyright attorney to help you determine how to respond to this letter. It is not clear whether there would be jurisdiction for...
Archived
Can I be sued for libal?
James's answer
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Answered on January 10, 2013
Libel requires a false statement of fact. I am not sure how a surveillance video would constitute a false statement (but one would have to see the...
Does an LLC shield me personally from copyright/trademark infringement and privacy issues? Will bankruptcy get me off the hook?
James's answer
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Answered on January 10, 2013
If you authorized the LLC to perform the alleged acts of infringement, a claim of infringement could bebrought against you personally as well. You...
Archived
Profit from sales of unlicensed copyrighted images, can this be proved and recouped somehow for the victim?
James's answer
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Answered on January 09, 2013
Yes. It is called discovery. The plaintiff will serve discovery requests (interrogatories, requests for production, etc.) seeking financial data...
Can I use a band name that has been trademarked by a company that deals with cosmetic products?
James's answer
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Answered on January 09, 2013
The test for trademark infringement is likelihood of confusion which can be a fact-specific inquiry. Assuming that both you and the cosmetic...
Archived
Do I need permission to use English translation of a work originally in public domain?
James's answer
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Answered on January 09, 2013
The translation is likely protected by copyright (but the scope of protection may be relatively thin because the range of expression for a...
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