Archived
I've received a 'cease and desist' letter for copyright infringement, but I think my design was 'fair use'. What should I do?
Daniel's answer
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Answered on August 15, 2013
Q: "My understanding is (and always has been) that my usage constituted 'fair use' ... ."
R: And on what factual bases and on whose analysis did...
Archived
Providing DMCA Counter Notification?
Daniel's answer
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Answered on August 15, 2013
So, in the face of this other person claiming he authored the song, you did nothing for three years to enforce either your copyright in the song or...
Can I put a company's logo on my website?
Daniel's answer
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Answered on August 14, 2013
The general rule is that you may not publish another company's logo on your website without written permission [that is, a license] from that...
Archived
I have downloaded authentic College logos in my area to use on Tshirts, can I sale Tshirts at craft shows using the logos?
Daniel's answer
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Answered on August 14, 2013
As my colleagues note, no, you may not lawfully sell shirts adorned with college names or logos without a license. Visit The Collegiate Licensing...
Archived
Ok, I'm working in a news website about art(blog) , and I want to promote all the art through the most channels possible, basi
Daniel's answer
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Answered on August 14, 2013
You're setting up a blog. So learn how. Visit the links below, buy and read a few of the cited books and then spend some time with an...
Archived
Is using the names of other brands to describe the flavor of my own product allowed as long as I don't copy their logo or font?
Daniel's answer
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Answered on August 14, 2013
I guess you missed my prior response that focused the issue not on trademark infringement but on trademark dilution. The brands that you list are...
Archived
Do the custom graphics created for our website and branding belong to us?
Daniel's answer
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Answered on August 13, 2013
I don't understand why my colleagues focus on the distinction between the "graphics" and the "native files." I think that is irrelevant.
The...
Archived
DMCA complaints
Daniel's answer
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Answered on August 13, 2013
No one has yet discussed the fact that of the four different types of "service providers" covered by the DMCA [at 17 USC 512] the Questioner is...
Archived
Can a trademark granted by a state be used nationally?
Daniel's answer
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Answered on August 12, 2013
There are two key take-aways from my colleague's responses: (1) Trademark rights are not granted by a state [or anyone] -- they're earned only...
Archived
Is it possible to be a copyright claimant with time restrictions?
Daniel's answer
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Answered on August 12, 2013
Q: "Does such a person qualify legally as a claimant?"
R: No. A time-limited transfer of rights is a license, not an assignment. The licensee of...
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