Do I need to obtain copyrights to resell a poster that was limited to 100 prints + 13 larger prints and auctioned for charity?
Daniel's answer
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Answered on June 12, 2018
The owner of the copyright in a poster owns the exclusive right to reproduce it. Others may lawfully do so only if they acquire a reproduction...
Archived
For Trademarks and patents, do you need to record every step of the chain of title?
Daniel's answer
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Answered on June 11, 2018
In your example, A did NOT assign anything to D. C did.
If you're D, then you need to have physical evidence of the assignments from A to B and...
Archived
Can I change a fairy tale & sell it? Like little red riding hood & change the wolf to a dinosaur? Who owns the copyright / IP?
Daniel's answer
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Answered on June 11, 2018
See my response to your other, identical question.
Can I change a fairy tale & sell it? Like little red riding hood and change the wolf to a dinosaur? Who owns the copyright?
Daniel's answer
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Answered on June 11, 2018
The general rule is that a book written before 1923 is in the public domain -- that is, the book is not protected by copyright and so that version...
Archived
In CA, would it be legal to Sculpt a bust caricature of Robert Mueller, reproduce & sell it since he is a public official?
Daniel's answer
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Answered on June 11, 2018
Your caricature bust, if sufficiently creative, is expressive artwork that's protected by the First Amendment's proscription against laws abridging...
Can I use the name 'Snow white' as a cute nickname for my character named Angelica in my comic?
Daniel's answer
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Answered on June 10, 2018
Disney does NOT own the exclusive right to use the name "Snow White" -- either as a trademark or in an expressive work.
The trademark law...
Am I allowed to photograph plastic anatomical models for study purposes?
Daniel's answer
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Answered on June 10, 2018
I think my colleagues' jump to the fair use defense to copyright infringement misses two fundamental issues: (1) are the "anatomical classroom...
Archived
Can you register a trademark if it is already registered under the same class?
Daniel's answer
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Answered on June 08, 2018
The International Classification system of goods and services for trademark purposes – created and periodically amended by foreign attorneys...
I'm an artist and need help starting a business selling my art
Daniel's answer
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Answered on June 08, 2018
There are many resources to learn how to start and run a business.
Query amazon.com's book database for [ visual artist business ] and buy and...
Archived
How do I ask for a dismissal for failure to engage in communications?
Daniel's answer
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Answered on June 07, 2018
As my colleague notes, the Trademark Trial and Appeal Board Manual of Procedure (“TBMP”) provides guidance on how to prosecute a TTAB proceeding....
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