Archived
Can I write/publish a book based on the offspring of already established characters in film?
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Answered on April 19, 2013
Almost certainly no. Your example describes what a court would see as a derivative work under US copyright law.
Archived
Trademark infringement by using a name that differs by the first letter- where should I dig into to find the right acts?
Wade's answer
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Answered on February 08, 2013
Since you are being threatened with litigation, you should probably seek a trademark litigation attorney in New York. Doing your own research and...
Archived
Do I need to pay for a picture I posted on my website that I didn't know I needed to buy a license for?
Wade's answer
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Answered on February 04, 2013
Probably yes, unless there is some fact you haven't provided here. Copyright holders have a right to seek compensation for distribution of their...
Archived
Can I File Trademark - both intent to use and use in commerce under same class but for different categories?
Wade's answer
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Answered on February 04, 2013
Hire a trademark attorney!
Is my logo a trademark infringement of superman logo?
Wade's answer
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Answered on September 24, 2012
I agree. The logo can't be analyzed without an image of it.
Archived
Can I go to small claims court to sue someone that stole my business name
Wade's answer
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Answered on September 19, 2012
I think you need a consultation with a local attorney experienced in litigation and trademark matters - I happen to be in your neighborhood....
Archived
Is it infringement of the Fair Use law to perform songs & lyrics of musical artists from 1950-2012 in original form?
Wade's answer
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Answered on August 31, 2012
Please search "fair use" on this site, and you will probably find some useful answers. The compositions you reference are protected by copyright....
Archived
A film uses music by Scriabin, a Russ. composer, 1872- 1915 recorded 1990's. Is that a copy right infringement?
Wade's answer
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Answered on August 28, 2012
I agree with my colleagues. The composition is in the public domain, the recordings (1990's or 1950's) are not. Based on these facts, a master use...
Archived
A question about copyright and trademark issues surrounding the "son of rambow" film.
Wade's answer
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Answered on August 27, 2012
The film already exists. It's a (quite good) British film from 2008. The producers actually did experience intellectual property issues before its...
Can I have a mural painted on the outside of my business wall that includes a pop-art version of the likeness of a celebrity?
Wade's answer
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Answered on August 24, 2012
1. Derivative work based on someone else's photo - infringement.
2. Right of publicity - infringement.
Based on the facts you have provided, you...
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