Archived
Can I use Wikipedia information in my website about public figures under the Creative Common license (like Facebook does)?
Daniel's answer
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Answered on May 14, 2015
As you've discovered, the CC-BY-SA copyright notice affixed to a copyrightable work authorizes everyone to copy and redistribute the material in...
Archived
Do I retain copyright to pervious source code used in a new project?
Daniel's answer
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Answered on May 13, 2015
You've already received the responses that answer your question.
I write only to note that NO copyright attaches to works of authorship [such...
Can selling a used item constitute trademark infringement?
Daniel's answer
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Answered on May 13, 2015
It is not trademark infringement to re-sell as used a lawfully purchased product to which an artistic design is added so long as that design does...
Archived
Can I customize snapback and fitted caps and resale them?
Daniel's answer
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Answered on May 13, 2015
Well, normally the first question to consider would be whether the hat is protected by a design patent or under trade dress law. But...
Archived
Do manufacturers indemnify against trade secrets as often as patents?
Daniel's answer
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Answered on May 13, 2015
The only way I can make sense of your question is to assume that you operate a retail business and want to know whether the manufacturer of a...
Archived
Who owns the copyright for software developed for a client when no contact was ever signed between the parties.
Daniel's answer
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Answered on May 13, 2015
I think Attorney Berkus is clearly right when noting that your "re-write" of the computer program is very likely a derivative work based on the...
Grandfathered in for a trademark only for the class of goods you've been using the mark for?
Daniel's answer
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Answered on May 13, 2015
Q: "So basically someone can register my trademark under a different class of goods and stop me from using it for those goods, I'm only protected...
Archived
Can I make my own set of print ads (posters, tshirts, etc) for a political candidate without their permission?
Daniel's answer
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Answered on May 13, 2015
As noted, your plan raises few, if any, intellectual property concerns. You need to ensure, however, that you do not defame the candidate [that is,...
Archived
Unique term / brand used internationally. What rights do I have?
Daniel's answer
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Answered on May 13, 2015
The fact that people all around the world can access any website published on the internet does NOT erase the national boundaries that constrain...
Archived
I have copies of 65-year-old photos that the owner gave me permission to use. Is it legal for me to use these photos?
Daniel's answer
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Answered on May 13, 2015
Your own copyright attorney will likely conclude it's safest to assume that the photographs have not yet been "published" -- as that word is used...
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