Archived
I received an email from a photographer demanding a licensing fee for using an image on my Facebook page found on Google images.
Daniel's answer
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Answered on May 23, 2014
Since you did not take the photograph yourself nor licensed the right to use it from the person who owns its copyright your publication on Facebook...
Archived
If I co-produced a musical arrangement, am I entitled to "production" credit when filing with the US Copyright Office?
Daniel's answer
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Answered on May 23, 2014
As far as copyright law goes there is no such thing as "production" credit. There is only the question whether you're a "joint author" of the...
Archived
I'm a musician, can I change the title of the show "Malcolm in the Middle" to "Malachi in the Middle" for the title of my album?
Daniel's answer
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Answered on May 22, 2014
As noted by my colleague, quite likely. But your own attorney needs to pass final judgment. You should buy and read a few books on music law and...
Is a it illegal to use an NBA players first name in an app?
Daniel's answer
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Answered on May 22, 2014
The general rule is that it's unlawful to use the name or likeness or other personally identifiable traits of a living person in a commercial...
Archived
Can the photographer who I hired to photograph my large scale art hanging outside in a field sell this photo as his own artwork?
Daniel's answer
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Answered on May 22, 2014
The rule is that the creator of a copyrightable work -- such as a photograph -- owns the copyright in the work absent a written agreement...
Archived
I have in my possession a photograph I took in 1994. I had it copyrighted in my name in 2011.
Daniel's answer
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Answered on May 22, 2014
As the owner of the copyright in the photograph you can modify it however you want and publish it wherever you want. The year date on the copyright...
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Archived
How do I find good reputable attorneys in foreign countries that will develop good and assist in enforcing business contracts?
Daniel's answer
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Answered on May 22, 2014
Start your research via the International Trade Administration's website: http://www.trade.gov
Archived
How many steps of removal are required before a copyright/trademark/right-to-privacy no longer apply?
Daniel's answer
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Answered on May 21, 2014
Yes, it would be lawful to paint and sell the portrait described. There could be no reasonable "false assocation" or right of publicity claim...
Archived
Repurposing a product to be used in the field of cosmetics.
Daniel's answer
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Answered on May 21, 2014
I think you want to buy a patented cosmetic product, change its physical form, and then sell it for a purpose different from that which the...
Archived
Is a photograph considered commercial use if it is used strictly as a reference for a painting intended for sale?
Daniel's answer
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Answered on May 21, 2014
I don't understand why you care whether the use of the photograph is "commercial."
One of the assumptions you posit is that "[t]he photo...
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