Florida Intellectual Property Legal Questions

It is possible that the comic-book characters are subject to trademarks which may be enforceable world-wide. This is frequently the case, and some characters (such as Batman) are the subject of numerous registrations for different classes of goods and services. A member of the consuming public could be confused into believing that your screenplay is endorsed or sponsored by the company that owns such trademarks, which would be a classic trademark infringement fact pattern. You should probably not proceed unless and until you have acquired the rights to use these names. You should not assume that the absence of a response constitutes consent.... Read More

When a person writes a creative work, the copyright (the right to own the work and to make copies) belongs to the author.  No one is allowed to copy it without permission of the author.  But the work has to be creative, and some courts have determined that menus are not creative works, but are just lists of food and prices.  Therefore there is no copyright protection available for menus that are not creative works. If there is artwork on the menu, and you are the artist, then the artwork belongs to you, you own the copyright in the artwork, and the restaurant cannot use the artwork without your permission.  The artwork has to be a drawing, designs or pictures and cannot be only letters and numbers. If you had an agreement that you would be paid to create the menu, you should be able to enforce the agreement in court.  Depending on the amount you were to be paid, you may be able to take your claim to small claims court.  This response is not legal advice on your specific situation.  I am not admitted to practice law in the state of Florida, and this response is intended to give you general legal information.  You should consult an attorney in the state of Florida who practices copyright law to determine your rights in this particular situation.... Read More