Copyrights Legal Questions

Please be aware that the US Copyright Office's current position on Artificial Intelligence is that human authorship is required. What this means is that while the Copyright Office will accept works in which you have used AI as a tool, it will not accept works where AI has created the expressive content. In other words, if you have written your own music and instructed AI to modify the music in some way, that is likely registrable. If instead you provided some textual prompt to the AI and had it generate music based solely on your instructions, then that is likely not registrable. Obviously there is a complicated gray area in between those, but to the extent that your creative contributions cannot be separted from those of the AI, the work will be ineligible for registration.   Please also be aware that there are two types of music copyrights available. The "musical work" covers the song's composition and lyrics, usually created by a songwriter or composer. The "sound recording" is the actual recorded song, usually created by the performer or the producer. In either case, you would need to specify in the copyright registration application the portions of the work that you created yourself that are original to you, and the portions that you did not create. As mentioned above, to the extent that the AI tool generated the "music" (either the composition or the actual sound), you would not be able to claim authorship. ... Read More

Do you already have an existing work that you are seeking to publish? Or is this a concept that you are seeking to hire illustrators or animators for?   If you already have an existing work, please be aware that you have copyright protection in that work the instant it is created. This means that you have actually written, drawn, animated, recorded, etc. the story; it is not enough to have merely thought about the "idea" or "concept" of your story. It is not necessary to register the work immediately, but there are significant advantages to doing so, and the government fee is only $65.   If your work is not complete yet, then no copyright protection exists until you actually create a tangible work product such as a text or a video. There is no "registration" you can obtain for mere concepts or ideas.   If you are seeking a professional such as a writer, illustrator, or animator to make something for you, then it is critical to understand how authorship/ownership rights are established. In short, if you want to be considered the sole author and owner of the work, then it is necessary for you to have a written agreement with the professional that explicitly states that the work will be considered a "work for hire" and that the professional will not obtain any rights. If you fail to do that, the professional will be considered the author of the work and will have the initial copyright ownership in the work, and this can create major complications for you down the road.   It may be helpful to have the professional sign a nondisclosure agreement that would forbid them from using the information you discuss with them (such as your characters and story) to create a competing story. However, not all professionals will be willing to sign such agreements.... Read More

I would need a little more information and clarity from you to be able to answer your question, as it involves a few different parts.  Whether it is legal to record someone without their permission is a matter of state law. Wisconsin is a one-party consent state, meaning that only one person invovled in a conversation needs to give permission to be recorded. Thus, if you and John Smith were engaged in a conversation, it would be perfectly legal for John to record that conversation without informing you. But if Jane Doe was not a participant in the conversation but she secretly recorded the conversation between you and John without permission from either of you, then her recording would be illegal. Thus, whether this filming was legal or illegal will depend on the circumstances. However, even if somebody has permission to record or film you, this does not necessarily mean they may use the recording or film however they want. This depends mainly on the nature of the use. For example, if you were being filmed by a news crew for somehting newsworthy, this is likely falls under the doctrine of "fair use." Also, if you are a public official or otherwise famous, it is more likely that the use would be considered fair use. However, if your likeness is being used for profit, they typically need your permission to do so. If you have agreed to be filmed and have signed a contract related to such filming, the contract will describe exactly what rights the other party has to use your image. Regarding an AI chip, it is unclear what are you asking. Do you mean that the other party is using generative AI tools trained on films of you to produce a digital copy of you? If so, this likely constitutes copyright infringement and/or misappropriation of your likeness, assuming that you have not signed a contract that gives the other party rights to do this. If you instead mean that the other party has surgically inserted a computer chip into your body without your permission, then this likely constitutes an assault, and I would recommend contacting local law enforcement as a first step. ... Read More

  If you’re unsatisfied with a publisher you paid for services and they are refusing to return your money or release the copyright to your work, you can take the following steps: 1. Review the Contract With an Attorney: Carefully review the contract or agreement you signed with the publisher. Look for any clauses related to refunds, copyright ownership, and termination. Pay close attention to the rights you granted to the publisher and whether there are conditions for terminating the agreement. 2. Check for Copyright Ownership Clauses in the Agreement with the Help of an Attorney: If the agreement states that the copyright remains with you or is automatically transferred to you upon termination, you may have a strong case for reclaiming it. If the contract does not specify copyright transfer, you may argue that the copyright should revert to you since you are the original creator. 3. Send a Demand Letter: Have attorney draft a demand letter requesting a refund or return of your copyright. The attorney can outline your grievances, specify the contractual issues, and set a deadline for resolution. State clearly what you want from them, whether it's a refund or a copyright transfer. Be specific about the contract terms that support your demands. 4. File a Complaint with Consumer Protection Agencies: If the publisher fails to respond, consider filing a complaint with the Better Business Bureau (BBB) or the consumer protection division of your state’s Attorney General’s office. You can also file a complaint with the Authors Guild or Writers’ Union if the publisher is affiliated with any such professional organization. 5. Consider Small Claims Court: If the amount you paid the publisher is within the limits for small claims court in your jurisdiction, you can hire and attorney to file a case to recover your payment. Small claims court can be a cost-effective way to handle disputes with the help of a lawyer. 6. Consult an Intellectual Property or Contract Attorney: If your copyright is still in question or if the publisher is holding your work hostage, consult an intellectual property (IP) attorney or contract attorney. An attorney can help negotiate directly with the publisher and assess the strength of your claim to copyright ownership. ... Read More

A cease and desist letter can be a very serious which taken lightly can result in many negative consequences for the receiver of the letter. The letter will usually address what the sender considers wrongful conduct as well as the probable consequences of not adopting a certain conduct. It is important to know that it is usual that cease and desist letters are followed by a lawsuit. In copyright infringement cases, awards can be as high as $150,000 per work depending on the conduct of the defendant. Cease and desist letter cannot take lightly it is better to engage legal counsel before answering. ... Read More

When a person is summoned, the complaint must be answered. If a party keeps silent a default judgment can be entered and the Plaintiff can be awarded what it asked. Now, it is very important to understand that once a party has worked registered damages (or sales, foe instance) not need to be proved necessarily. ATTENTION. The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Readers of this website should contact their attorney to obtain advice with respect to any particular legal matter.... Read More

Under Copyright Law, the reading of a material, if such a reading is recorded can be considered as an activity that results in a derivative work. Considering this the resulting recording could be subject to the necessary authorization of Copyright owner. That said, it is also worth noting that if the part of the material is minimal or if you are not copying the material so that others access to it freely without buying it, there might be no Copyright issue. It is also important to consider that if the piece your are reading is secondary to the main subject of the class it can be considered "minimums" and not be relevant. Finally, it is also worth considering the elements of fair use. When the use of a material is considered fair use, there is no copyright infringement. For this purpose it is important to consider whether the use of the material is transformative, the amount of material used, the effect of such use in the commercialization of the material and the commercial or not comercial character of the use.  As a final comment, it is a good practice to read the terms and conditions of websites that give access to materials to know whether they have a license to publish such materials.  ATTENTION. The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Readers of this website should contact their attorney to obtain advice with respect to any particular legal matter.... Read More

If your work is already published recently, then you can still apply for copyright registration. The deposit requirement changes for physical published books. You need to deposit a physical copy if it is already published in physical format. Therefore, you still have a priority. Copyright ownership has nothing to do with the registration. The two-year filing requirement is applicable for mask works and vessel designs. For statutory damages purposes, just file a copyright registration for the published work.    ... Read More

It depends. If anyone can recreate your custom furniture rendering using pre-built templates in the 3d software, then it is not as protected you would want it to be. However, if your custom design is "unique" and cannot be recreated with pre-built templates, then it is your effort and the idea is stolen without any payment. If you have proof of sending the quote, design via email or some other means and a copy of your design work in the article, then you got a case. Get an attorney from your state to proceed further. Good luck. Disclaimer: The response is general in nature and cannot be construed as legal advice. If you would like to have legal advice, then please consult any competent attorney privately to discuss your case and establish a proper attorney-client relationship. I only work through my website at https://affordabletrademarkattorney.com/... Read More

Your question poses two different but related aspects of intellectual property. One is trademarks and another is copyright registration. First, let's consider the trademark issue. Trademarks work as source identifiers of goods or services. If you use a pseudonym (i.e., a pen name) with a slight variation of another published book author name, then you may cause a likelihood of confusion. Your competition author need not have a federal trademark registration. Senior common law trademark usage will suffice. Whether there is an actual likelihood of confusion depends on several factors including: Usage of the trademark as part of a name. Public recognition of the author's name with a business such as a book title or series. That author's popularity in the public. If there is "no" public recognition or fame for the published author, then that name is not associated with any individual. What is public recognition or fame is subjective and depends on several factors including: Revenue generated from the sale of the book title; Wide recognition in the news media; Publishing industry recognition; Getting on bestseller list such as New york times bestseller list; Extensive social media mentions, etc. If the published author book is in the same genre as yours, with a similar book title name, and pseudonym, then it is more likely that you are infringing. Next for copyright registration purposes, you may register a book with a pseudonym author name. Your pseudonym author name is associated with the book title or series, year of publication. Copyright recognition is only given to original works of authorship. Your work must be different from the published author's work. You must submit the best edition of your work to the library of congress. The nature of submission depends on whether your work is already published or not. Disclaimer: The response is general in nature and cannot be construed as legal advice. If you would like to have legal advice, then please consult any competent attorney privately to discuss your case and establish a proper attorney-client relationship. I only work through my website at https://affordabletrademarkattorney.com/... Read More

Trademarks function as a source identifier of goods and/or services. Trademark represents the quality of goods and/or services. You cannot replace a trademark label from a water bottle corporation, and replace it with your own firm label for internal marketing purposes. Although you may get away with it because it is internal use, it is not legal. You may be destroying the goodwill of the trademark. Trademark insignia is present not only on the label but also on the inside of the cap. You may become liable for trademark infringement if the water bottle corporation becomes aware of your use. It would be in your best interest to stay away from replacing labels of a trademark on a product. Disclaimer: The response is general in nature and cannot be construed as legal advice. If you would like to have legal advice, then please consult any competent attorney privately to discuss your case and establish a proper attorney-client relationship. I only work through my website at https://affordabletrademarkattorney.com/... Read More

In the United States, once you publish your "original work of authorship fixed in a tangible medium of expression," it is copyright eligible. See 17 U.S.C. § 102 (a). You do not need to register in the United States to claim copyright ownership. However, copyright registration gives extra protection and additionally legal rights in the form of statutory damages in federal court litigation.  Disclaimer: The response is general in nature and cannot be construed as legal advice. If you would like to have legal advice, then please consult any competent attorney privately to discuss your case and establish a proper attorney-client relationship. I only work through my website at https://affordabletrademarkattorney.com/... Read More

I think it would be in your best interest to get a copyright license in this situation. A medical journal article is authored by someone based on their medical research. Those medical journals are published and copyrighted. Just summaries of this journal article without the express permission and no original expression (not even a derivate original expression) is not recommended. If you create an app either for profit or free without intellectual property license is an infringement. Just approach the copyright owner for a license. Disclaimer: The response is general in nature and cannot be construed as legal advice. If you would like to have legal advice, then please consult any competent attorney privately to discuss your case and establish a proper attorney-client relationship. I only work through my website at https://affordabletrademarkattorney.com/... Read More

If you infuse someone else's shampoo with CBD and re-brand it with a different name, then you will be sued for the following: 1. Trademark infringement; 2. Patent infringement (assuming the shampoo has a patent); 3. Unfair competition; and 4. Trade secret (if the shampoo formula is a trade secret). Please try to make your own formula and brand it with a unique name without creating a false association.    Disclaimer: The response is general in nature and cannot be construed as legal advice. If you would like to have legal advice, then please consult any competent attorney privately to discuss your case and establish a proper attorney-client relationship. I only work through my website at https://affordabletrademarkattorney.com/... Read More

You cannot make a brand with a similar name/ logo for your business purposes. This will cause a likelihood of confusion between someone's registered trademark or a common-law senior mark with your new mark. You may get sued for trademark infringement. Your question has nothing to do with copyright. Copyright only protects the original work of authorship.  It is generally recommended that you pursue a trademark search before you plan to use a brand name or logo.    Disclaimer: The response is general in nature and cannot be construed as legal advice. If you would like to have legal advice, then please consult any competent attorney privately to discuss your case and establish a proper attorney-client relationship. I only work through my website at https://affordabletrademarkattorney.com/... Read More

You should have the office action reviewed by a trademark attorney to see what steps are required next.  The U.S. Patent and Trademark Office (USPTO) employs examining attorneys to review trademark applications and to either approve or deny registrations.  An examining attorney has likely been assigned to your application.  However, you may need a private attorney to assist you with the application and to communicate with the USPTO examining attorney to try to get the application approved.... Read More

The approach here would depend upon the situation.  You say the former member owned the website, but who owns the domain name, and do you need to own it?  You say when people inqure about the club, the old website pops up, but is that because the domain name is so similar to the name of the yacht club that it is coming up such that you should own the domain name?  If the former member owns the domain name, have you asked the former member to transfer the domain name ownership to the yacht club?  Once you own the domain name, you can build or transfer any website onto it.  Typically, folks have someone create a website for them to be placed at the domain name they own, but that doesn't mean that you lose ownership of the underlying domain name.  If you own the domain name, you can change the website that sits on it at will.  If the former member does in fact own the domain name and you want to own it, there are a few options, ranging from a non-adversarial transfer of ownership to a formal dispute proceeding, if you can show that the use infringes a trademark right of the yacht club, is being used in bad faith, and the former member has no legitimate interest in it.  It depends on former member's stance.  If you don't need to own the domain name but just want the website content that resides there removed, then if you have a good faith belief that it infringes your copyright, you can try a DMCA takedown notice to the host. DMCA agents will usually also take content down for trademark infringement, though the statute technically applies only to copyright infringement.... Read More

This sounds like more of a trademark than a copyright question, as it seems that you are concerned about your company name and/or logo (brand) infringing another company's intellectual property rights.   Where trademark infringement is concerned, the issue is whether your mark is or would be "confusingly similar" to the mark of the existing company.  Since a trademark identifies the source of goods or services, might people who saw your trademark be confused and think the goods or services you offer are coming from the other company?  If you do offer goods or services that are similar to those offered by the other company, and your mark is likely to cause confusion about the source of those goods or services, you could have a problem.   You say that the name you plan to use is one word, while the other company's name is two words.  That could be adequately distinguishing under some circumstances, but it would require comparing the two to try to make any sort of prediction.  There are ways to lessen the similarities between trademarks; it would be necessary to see what you're working with.  It's a relatively subjective issue as to when the line is crossed such that there is a likelihood of confusion, but that is the line. Another potential issue could be trademark dilution, if your mark were to lessen the uniqueness of a famous mark, but the existing mark must be shown to be in fact famous.  I don't know enough about your company to know whether its mark would meet the rather high bar of being considered "famous."... Read More

The standard for trademark infringement is whether a mark is confusingly similar to another mark already in use for the same or related goods and services.  Might a potential consumer encountering goods and services under the LuLaRoom trademark be confused about whether the goods and services are being offered by the company that owns the LuLaRoe trademark? In addition to trademark infringement, if the other mark is "famous," one may also have to worry about trademark dilution, i.e., does the mark have a "blurring" effect on the famous mark's reputation, or does it tend to "tarnish" the reputation of the famous mark.  The goods and services offered under the two marks don't necessarily have to be the same or similar for a dilution claim to succeed.  ... Read More

Certainly one can have both a copyright and a trademark registration for the same design.  However, as a trademark is a brand or identifier of the source of particular goods or services offered in commerce, one would need to be either offering goods or services under that trademark, or have the intent to do so shortly, in order for it to be federally registered.  Having a trademark search conducted prior to filing a registration application is advisable, to ensure that it is not already in use as a trademark somewhere.  (The search would also be useful to see if anyone is infringing upon the copyright.)... Read More

Ideas themselves are not entitled to copyright protection; only original works of authorship that have been fixed in some tangible form of expression are protected by copyright law.  It may be possible to protect ideas from being exploited by others through a non-disclosure and non-competition agreement, if the other party to which you plan to communicate the idea is willing to sign one.... Read More

As a general matter, if you make significant revisions, you should obtain an additional copyright registration to protect the new content, which would likely be considered "derivative work" based on the original work.  Minor revisions, such as correcting typos, changing title, or changing short phrases or names, would not require an additional registration.... Read More

It's impossible to answer your question without seeing the design at issue, but it sounds like you may be violating copyright and trademark laws in various ways. When you say your apparel is "superhero themed", if you're using images of superheroes that were created by another artist, you must do the homework to determine whether the specific images you use are protected by copyrights. If you create your own images inspired by the superheroes, you will likely not be infringing on copyrights. With respect to the "Supreme-inspired" line, given that you're using the same font, color and a word that sounds like Supreme (Superman) "etc", you'd be safer if you change the font or color.  ... Read More