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District of Columbia Intellectual Property Legal Questions

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2 legal questions have been posted about intellectual property by real users in District of Columbia. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include copyrights, intellectual property licensing, and patents. All topics and other states can be accessed in the dropdowns below.

Would Nike be able to sue me if I created a sweatshirt with their logo and, instead of selling it, gave it away as a prize for a raffle?

Answered 4 years and 10 months ago by attorney Bruce Robins   |   1 Answer   |  Legal Topics: Intellectual Property
I see no difference at all between selling merchandise with Nike logos that you create, or selling raffles to win merchandise with Nike logos that you create.  Either way you're profiting off of Nike's intellectual property.  Of course, UK law might be different, but I doubt it.
I see no difference at all between selling merchandise with Nike logos that you create, or selling raffles to win merchandise with Nike logos that... Read More

Would this song be legal to sell?

Answered 12 years and 3 months ago by Todd A. Sullivan (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Intellectual Property
There have been all sorts of law suits on this topic, particularly in the '90s. The issue is fact intensive and relates to how much did you sample from the original work, would your purchasers recognize the source of the material that you took, is your work likely to diminish the economic value of the original work. In 1994, the Supreme Court cited from the Folsom v. Marsh case:"look to the nature and objects of the selections made, the quantity and value of the materials used, and the degree in which the use may prejudice the sale, or diminish the profits, or supersede the objects, of the original work." Folsom v. Marsh, 9 F.Cas. 342, 348 (No. 4,901) (CCD Mass. 1841)"See also: http://www.ehow.com/list_6590661_copyright-laws-sampling.html http://en.wikipedia.org/wiki/Legal_issues_surrounding_music_sampling http://www.bmi.com/news/entry/C_in_a_Circle_-_Playing_Fair The end result is that sometimes it is legal to sell without consent, but it is hard to identify when, so you are better off to seek consent first or not bother sampling from the music of others. Good luck, Todd  ... Read More
There have been all sorts of law suits on this topic, particularly in the '90s. The issue is fact intensive and relates to how much did you sample... Read More

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