tag:blogger.com,1999:blog-81213330903056504672024-03-13T02:27:41.763-07:00Trouble for Sports CelebrityMr. Qhttp://www.blogger.com/profile/14257620339237457060noreply@blogger.comBlogger500125tag:blogger.com,1999:blog-8121333090305650467.post-10004126191921030012013-07-12T06:30:00.000-07:002013-07-13T10:04:54.869-07:00Wants to Blog FOX TV SeriesDear Rich: Greetings from Denmark. I'm thinking about creating a web page that will be about a very popular Fox series. I want people to blog out best quotes and get voting etc. The web page will be also about fan material. I want to use their official JPGs that you find on Google. Do you think this is acceptable or its clear that I will get banned? Greetings from California where the Dear Rich Mr. Qhttp://www.blogger.com/profile/14257620339237457060noreply@blogger.com0tag:blogger.com,1999:blog-8121333090305650467.post-25238618257503651702013-07-11T06:00:00.000-07:002013-07-13T10:04:54.875-07:00Wants to Use Initials as TrademarkDear Rich: I would like to use the initials of my proper name as the name of my business followed by an exclamation point. There are other businesses out there with those initials. Do I need to worry that someone has trademarked them and will order me to change the name? Do you mean by "trademarked them," that someone has registered the initials with the USPTO as a trademark? If so, you can Mr. Qhttp://www.blogger.com/profile/14257620339237457060noreply@blogger.com0tag:blogger.com,1999:blog-8121333090305650467.post-56543542549943440092013-07-10T06:00:00.000-07:002013-07-13T10:04:54.880-07:00Do I Disclose Prior Art for Double Invention?Dear Rich: I have an invention. It handles a specific problem. While writing it up I discovered it handles another related but different problem for which there is prior art totally unrelated to the first item. I know from Patent It Yourself that I can't do a double patent. Both are valuable and I need to protect both. Do I need to do the full prior art and so Mr. Qhttp://www.blogger.com/profile/14257620339237457060noreply@blogger.com0tag:blogger.com,1999:blog-8121333090305650467.post-54157793004460273262013-07-09T06:00:00.000-07:002013-07-13T10:04:54.885-07:00Can I Post Music on Vine or Instagram Videos?Dear Rich: I am the administrator for my church's social media accounts. I would like to post short six-second Vine and fifteen-second Instagram videos of our musicians performing hymns and other copyrighted music. Should I look into buying a copyright license for these videos, or would it be considered fair use because of the short length of the videos? As for buying a license, forget Mr. Qhttp://www.blogger.com/profile/14257620339237457060noreply@blogger.com0tag:blogger.com,1999:blog-8121333090305650467.post-4151731856296977932013-07-08T06:00:00.000-07:002013-07-13T10:04:54.890-07:00Creating Book Quiz AppDear Rich: I'd like to make an iPhone app that would consist of thousands of questions each with four answers from different books. The quizzes/questions actually ARE about the books and would contain copyrighted terms, important sentences or names. These quizzes are meant to be taken AFTER a user reads the book, so we don't compete with book authors, nor is that our intention. We Mr. Qhttp://www.blogger.com/profile/14257620339237457060noreply@blogger.com0tag:blogger.com,1999:blog-8121333090305650467.post-45068526361099181822013-07-05T06:00:00.000-07:002013-07-13T10:04:54.895-07:00Wants to Use Song Snippets For Guitar LessonsDear Rich: I am working on a "for profit" project to create musical exercises for instrumentalists. Part of this will be to use a "snippet" of a popular song as the basis of the exercise. In one case, this is one measure of the guitar part with no reference to the lyrics or the greater song. The exercise would introduce some slight variations on the pattern and then would then transpose the Mr. Qhttp://www.blogger.com/profile/14257620339237457060noreply@blogger.com0tag:blogger.com,1999:blog-8121333090305650467.post-60738768269994308962013-07-03T06:00:00.000-07:002013-07-13T10:04:54.900-07:00Do You Need Life Rights Agreement if Subject is Deceased?Dear Rich: Do you need to get a release or life rights agreement from the heirs of a deceased person to make a film about or a film including him/her? If a person could be considered a "public figure," does that make a difference? We're not sure what you mean when you say that your film would "include" the deceased person but if the subject of your biopic or documentary is a deceased public Mr. Qhttp://www.blogger.com/profile/14257620339237457060noreply@blogger.com0tag:blogger.com,1999:blog-8121333090305650467.post-19753010848706146842013-07-02T06:00:00.000-07:002013-07-13T10:04:54.906-07:00Wants to Use Northern Exposure Stills, Clips and Song in Documentarywe have nothing to say aboutthis poster but thought if weadded a caption we couldclaim it was fair use! Dear Rich: I am filming a documentary that will be distributed FREE OF CHARGE on the internet. Pro Bono. The documentary is about the TV series Northern Exposure and the title of my documentary is "Our Town Cicely" In my documentary I will be attempting to use as much material as possible Mr. Qhttp://www.blogger.com/profile/14257620339237457060noreply@blogger.com0tag:blogger.com,1999:blog-8121333090305650467.post-31208711077421987712013-07-01T06:00:00.000-07:002013-07-13T10:04:54.911-07:00Same-Sex Marriage and CopyrightDear Rich: I am a photographer in a same-sex marriage in California. Does the Supreme Court decision about gay marriage have any effect on my photo copyrights or my contracts with publishers? Yes, the recent SCOTUS decision does affect copyright law (and when did everything become SCOTUS and POTUS anyway?). In 1997, the General Accounting Office responded to a query from Congress about Mr. Qhttp://www.blogger.com/profile/14257620339237457060noreply@blogger.com0tag:blogger.com,1999:blog-8121333090305650467.post-71511355166287933332013-06-28T06:00:00.000-07:002013-07-13T10:04:54.918-07:00More on Parental Consent for ContractsDear Rich: In yesterday's blog, you mentioned that a parent's consent should be obtained when contracting with minors. What's the effect of a parent signing the agreement with the statement that you note? Do you think the parent's signature cuts off the minor's right to void the license agreement while still a minor? As a general rule, if a parent or guardian co-signs an agreement with a Mr. Qhttp://www.blogger.com/profile/14257620339237457060noreply@blogger.com0tag:blogger.com,1999:blog-8121333090305650467.post-50315001510591584842013-06-27T06:00:00.000-07:002013-07-13T10:04:54.924-07:00Needs Minor's Consent For Cover ArtworkDear Rich: I am creating a book cover for a book I wrote. I would like to use some images created by a kid. Although I don’t know them, the kid’s parents and I share what I consider a good friend. The kid spent a good amount of time creating these images for me, and I really want to give her credit for them in print – both inside the book, and on the back cover where the images will be. Just a Mr. Qhttp://www.blogger.com/profile/14257620339237457060noreply@blogger.com0tag:blogger.com,1999:blog-8121333090305650467.post-69881427665637011402013-06-26T06:00:00.000-07:002013-07-13T10:04:54.995-07:00Should Actor Register His Name?Dear Rich: I'm starting out as an actor. What's the best way to get a trademark on my name? If you are just starting out as an actor, you'll probably have a few hurdles to registering your name at the U.S. Patent and Trademark Office. Your big challenge is demonstrating that the public associates your name with acting/entertainment services -- a tall order for someone who's just starting out. TheMr. Qhttp://www.blogger.com/profile/14257620339237457060noreply@blogger.com0tag:blogger.com,1999:blog-8121333090305650467.post-25206565030877120192013-06-25T06:00:00.000-07:002013-07-13T10:04:55.067-07:00Does Not-for-Profit Own Teachers' Courses?We are a not for profit that has several courses and workshops developed by teachers who are contractors. We want to publish the courseware online. What is required to be clear that the IP is owned by our organization not the teacher? They were paid for developing the materials. Absent an agreement to the contrary, a contractor acquires copyright in works created for someone else. (Check our Mr. Qhttp://www.blogger.com/profile/14257620339237457060noreply@blogger.com0tag:blogger.com,1999:blog-8121333090305650467.post-80755316298311248712013-06-21T19:01:00.000-07:002013-07-13T10:04:55.138-07:00Dear Rich Staff on MediatwitsMr. Qhttp://www.blogger.com/profile/14257620339237457060noreply@blogger.com0tag:blogger.com,1999:blog-8121333090305650467.post-9412975581108582172013-06-20T19:26:00.000-07:002013-07-13T10:04:55.209-07:00When Can I Start Deducting Invention Expenses?Dear Rich: I've been working on a "green" invention for a few years but I haven't been deducting my invention expenses because I was told I had to wait until I start making the product. Is that right? According to tax maven Steve Fishman, the general rule is that you can begin making these tax deductions once your inventing business begins using its assets to produce products for sale.Mr. Qhttp://www.blogger.com/profile/14257620339237457060noreply@blogger.com0tag:blogger.com,1999:blog-8121333090305650467.post-41847088623997493602013-06-19T06:00:00.000-07:002013-07-13T10:04:55.282-07:00Another Band is Selling Our JamsDear Rich: If someone (call them Band 2) came to a band's show (call them Band 1) and Band 2 secretly recorded a six minute jam song which Band 1 never wrote down, nor because of it's nature never laid down in a studio etc. or otherwise recorded, and Band 2 made a song out of the jam and copyrighted it and sold downloads on their website, is that legal because the jam song was never "fixed" by Mr. Qhttp://www.blogger.com/profile/14257620339237457060noreply@blogger.com0tag:blogger.com,1999:blog-8121333090305650467.post-75721008645925554012013-06-18T06:00:00.000-07:002013-07-13T10:04:55.354-07:00Song Titles as Chapter HeadingsDear Rich: I have written a book that has 40 chapters and each chapter title is a song title by various artists. Only the title was used and I intend on giving a credit listing to the authors of those songs. I know if I use any lyrics in the book I will have to get permission but what about titles only? You can use various song titles as chapter headings without getting permission (and without Mr. Qhttp://www.blogger.com/profile/14257620339237457060noreply@blogger.com0tag:blogger.com,1999:blog-8121333090305650467.post-75618594362325449992013-06-17T06:00:00.000-07:002013-07-13T10:04:55.441-07:00Is it Illegal to Own a Knockoff Purse?Dear Rich: I know it's illegal to sell knockoff purses but is it illegal to buy or own one? Can a person be arrested just for owning a counterfeit? Short answer: Purchasing or possessing a knockoff or counterfeit purse in the U.S. won't get you arrested (unless some U.S. lawmakers have their way). Buying counterfeits is illegal in Italy and France. Although buying a single counterfeit or Mr. Qhttp://www.blogger.com/profile/14257620339237457060noreply@blogger.com0tag:blogger.com,1999:blog-8121333090305650467.post-17724514253207218322013-06-14T06:00:00.000-07:002013-07-13T10:04:55.512-07:00How Do You Protect a Pilot Pitch?Dear Rich: What protection do you need when pitching a pilot? Protecting the underlying ideas that constitute a "pitch" can be tricky. Copyright protection may help, but the key is to demonstrate that there was an implied contract between you and the party to whom you're pitching -- and that the contract was intended for your financial benefit.Putting together the pitch. There's a lot that goes Mr. Qhttp://www.blogger.com/profile/14257620339237457060noreply@blogger.com0tag:blogger.com,1999:blog-8121333090305650467.post-29885202705361739832013-06-13T20:45:00.000-07:002013-07-13T10:04:55.583-07:00Happy Birthday LawsuitWe blogged about this subject three years ago. Somebody finally picked up the gauntlet. Yea!Mr. Qhttp://www.blogger.com/profile/14257620339237457060noreply@blogger.com0tag:blogger.com,1999:blog-8121333090305650467.post-68793358616679276152013-06-13T06:00:00.000-07:002013-07-13T10:04:55.654-07:00Can We Use Famous Person's Name in Documentary Title?Dear Rich: Can you use the name of a famous person for documentary title, and how do you trademark the documentary? Assuming that your documentary has something to do with the famous person, you can use the person's name in the title. As we mentioned in a recent entry, a celebrity's right of publicity doesn't extend to communicative/informational uses such as documentaries or news Mr. Qhttp://www.blogger.com/profile/14257620339237457060noreply@blogger.com0tag:blogger.com,1999:blog-8121333090305650467.post-54368368680365260232013-06-12T06:00:00.000-07:002013-07-13T10:04:55.725-07:00Can We Use Author Photos and Quotes?Dear Rich: We're designing a website for our business, and are in need of some basic guidelines to avoid copyright and trademark violations. Specifically, can photos be used that show up in Google Image searches? Also, can I post a picture of an author and/or quote him/her? What about a company logo -- what is the least expensive way of creating one? We're looking for a little excitement today, Mr. Qhttp://www.blogger.com/profile/14257620339237457060noreply@blogger.com0tag:blogger.com,1999:blog-8121333090305650467.post-59769469565590286232013-06-11T06:00:00.000-07:002013-07-13T10:04:55.797-07:00Will We Get in Trouble for Sports Celebrity Prints?Dear Rich: Can an artist sell to the public prints from paintings done of famous sport celebrities for profit in California and other places. He was told an artist's 'first amendment publicity' or something like that trumps the rights of the famous person. This artist doesn't seem to be concerned at all but he's a good friend and not in good health and if something happened and if he was drug Mr. Qhttp://www.blogger.com/profile/14257620339237457060noreply@blogger.com0tag:blogger.com,1999:blog-8121333090305650467.post-27768993931144243702013-06-10T06:00:00.000-07:002013-07-13T10:04:55.868-07:00LLC Doing Business Out of StateDear Rich: My business partner and I recently created a non-transacting LLC in Texas, where I live. He, however, lives in Colorado. Is there anything he must file with his state? I have searched all over and cannot find anything. We spent a little time trying to figure out what this question has to do with intellectual property and finally gave up. We're also not sure what a "non-transactingMr. Qhttp://www.blogger.com/profile/14257620339237457060noreply@blogger.com0tag:blogger.com,1999:blog-8121333090305650467.post-89225725036196655092013-06-07T14:51:00.000-07:002013-07-13T10:04:55.940-07:00Copying Dragnet: Risk v. Public DomainSome readers were SSCD (shocked, surprised, concerned, and disappointed) over our entry about whether episodes of the Dragnet TV Show are in the public domain. One reader cited Steve Fishman's public domain book as evidence that we got it wrong. "[Fishman] suggests that, because broadcast does not constitute publication," wrote the reader, "and because federal trial courts have decided Mr. Qhttp://www.blogger.com/profile/14257620339237457060noreply@blogger.com0