Archived
I have a historical youtube video which uses many photos (from web). it is educational and non-profit. will fair use prevail?
Ira's answer
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Answered on July 07, 2015
Fair use is a defense against an otherwise valid claim for infringement. It is basically saying "Yes, I did the bad thing, but I was allowed to." ...
Archived
Design patents versus designs in copyrighted drawings?
Ira's answer
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Answered on July 07, 2015
There are several factors which direct you towards either a design patent or a copyright, including originality, functionality and uniqueness. ...
Archived
I have an idea for a specific type of bottle, and specific type of booze to go in it. What type of lawyer would I need?
Ira's answer
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Answered on July 06, 2015
There are at least two possible ways to protect the bottle design and you need to speak to an IP/Patent attorney to decide between them, or decide...
Archived
Can I sue for someone stealing my intellectual property?
Ira's answer
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Answered on July 06, 2015
Contact a patent attorney and discuss. It is not in your best interest to post so much information on this site. Much of your explanation would...
Can someone with a product patent stop me from selling their item?
Ira's answer
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Answered on July 06, 2015
If the eBay seller is legit and their products are properly licensed and acquired, the first sale doctrine should give you the right to resell the...
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Archived
I'm curious about the number of unlicensed goods on Etsy and other websites. How many do you think there are?
Ira's answer
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Answered on July 06, 2015
This is not a legal question for this site. In fact, it is a waste of time. If you have a legitimate legal issue, feel free to use this service,...
Archived
Is this copyright infringement?
Ira's answer
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Answered on July 06, 2015
Typically, posting a link is not copying the protected work and so does not constitute copyright infringement. It is not your responsibility to...
Archived
Am I required to pay legal fees for a copyright infringement claim which was immediately addressed/rectified?
Ira's answer
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Answered on July 06, 2015
There is no need to look at the details, your description of the discussion suffices. You were given a settlement offer. They can offer whatever...
Archived
Kohls card lost and used, but company giving me a hard time about crediting
Ira's answer
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Answered on July 06, 2015
This question is more complex than you believe. Simply saying that charges are false does not mean that you are not liable. It does mean that the...
Archived
Quoting on a Calendar?
Ira's answer
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Answered on July 06, 2015
Citation does not overcome copyright infringement. It may overcome plagiarism, but that is a professional ethics concern, not a legal...
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