Archived
Attorney for a school district called my friend about her demands in a copyright case. She has no lawyer. Should she call back?
Daniel's answer
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Answered on July 01, 2014
It will be important for your friend to determine her interest in the creed (e.g. money, attribution, specific usage, etc.). Copyright law is...
Archived
Film characters discussing cigarette brands, is that prohibited?
Daniel's answer
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Answered on July 01, 2014
While I generally agree with my colleagues, I would also add the actual discussion may impact the legal analysis. For example, two characters...
Archived
Can you tell me when does a charge of Trademark infringement carry a Class x felony charge?
Daniel's answer
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Answered on July 01, 2014
There are a lot of factors that could determine the charging. However, Federal law does provide criminal penalties for Trademark...
Archived
Can anyone recommend an attorney in Western North Carolina specializing in copyright/trademark issues, specifically photography?
Daniel's answer
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Answered on July 01, 2014
I would also add that while many of us copyright attorneys are unwilling to work on a pure contingency basis for a new client, we are more likely...
Archived
Am I entitled to some income if several websites are selling,T-shirts with a design logo I created on them?That I have rights to
Daniel's answer
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Answered on July 01, 2014
While I agree with my colleagues I would add that issues of copyright (and trademark) ownership are often very complex. Even though a copyright is...
Archived
If I've received a DMCA and I've no chances to know what copyright I infringed, can I revisit the product without counter-claim?
Daniel's answer
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Answered on July 01, 2014
For a DMCA notice to be effective, it must contain several items. See 17 U.S.C. 512(c)(3) (available at:...
Archived
If I have a licensed toy in a photo on my blog, is this infringing on copyright laws?
Daniel's answer
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Answered on July 01, 2014
I would also add that copyright and trademark matters are generally very fact-specific. So, while one blog may be legally clear to do this,...
Archived
Questions about blogs, videos and copyright - need help understanding something.
Daniel's answer
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Answered on July 01, 2014
While I generally agree with my colleagues, I would add that virtually any copyright question never can be answered as a "yes" or "no" question. ...
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Archived
Editor refuses to return hard drive w/raw files, contract states he must. Where do I file a claim in LA? All copyright is mine
Daniel's answer
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Answered on July 01, 2014
A copyright is separate from the physical medium it is contained in. Owning the copyrights in the files will not address the issue of the physical...
Do I need a permission to sell named brand products?
Daniel's answer
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Answered on July 01, 2014
I would also add that if you start running goods the other way (e.g. China to the US) there are other trademark and copyright concerns. Costco v....
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