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Recent Copyright Infringement questions

To, Esq, I read one of your previous answers and you seem to

to Gerald, Esq,I read one of your previous answers and you seem to know your law so I wanted to get your opinion on a matter I am involved in. To get right to the question then I'll give you some background. If I requested permission from a website owner to use an image on my small website and he said yes, then the copyright owner changes a few months later, do they have a case against me?I started a small website basically for fun in 2008. In August 2008 I contacted a website owner who had 1000's of celebrity images in high resolution on his website. Since I just started mine I had no idea how using images worked. I sent him an e-mail asking if I could use a few images of a "c-list" celebrity on his site. He wrote back "take whatever you need." I used a few images on my site and put a link on the page thanking him for the use of the image. Forward 8 years and I am being threatened with a lawsuit if I don't pay them several thousand dollars for using the images. I explained to them that I thought the site owner had the authority to grant me permission since his site literally had many 1000's of celebrity images on it, usually 100's of large file images of each celebrity. I had the e-mail exchange that I provided the attorney. He wrote back that considering that I thought I had permission that they would take that into consideration and for me to make a firm offer to settle. I did and have not heard back. My offer was about 1/10th of what they asked but a lot for me and me one man website I make from my bedroom. It is under an LLC if that matters, and the images are un-registered.I asked if he could provide me proof that his client owned the copyright. He provided two files that show his client owned the images and the "date taken" said Dec. 2008. I asked permission in August 2008 when the copyright owner was another entity. Now I didn't know how to look for the copyright owner back then or even recently before this happened. But does that help my case at all that when I asked for permission and was told "take whatever you want" that the entity demanding money didn't even own the image when I asked to use it.I think this is a clear case of an unintentional infringement and the attorney seems to admit that. But they aren't going away. the site has made a small amount of money over the years that basically cover the cost of operating it. Never more than a few thousand for the year. It's a site that connects users with experts for free, no money exchanged. Any money made is from adsense ads in the amount of about $40 or so a month. So it was never intended to make money. Just for fun and as a service.So does the copyright being a different owner when I asked to use it help me? Should I pay more than $500 for these two images that I removed immediately upon request and never made a nickel from.

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Gerald-Esquire

Juris Doctor

5,312 satisfied customers
Can I ask for proof of copyright ownership from another man?

A company has accused me of copyright infringement. We both sell a replica of a challenge coin used by an Air Force supply squadron in Korea. The squadron was stationed there during the 50's, not sure if they were there any other time. There is very little info about them. I sell mainly on an auction site. They took down my ads when he claimed copyright infringement. I called the manufacturer and they said someone sent them a picture of the original challenge coin, and had them make 50. This was 2013. They said they did not hear anymore from him, so they put it in their online catalog for anyone to buy. They said that it was not him and they do not believe he owns the copyright to it, or the person who sent the photos to them in 2013, because they included a picture and not drawings. The manufacturer claims he orders from their online catalog, the same as I do. The gentleman owns several copyrights he took out in 2014. But the descriptions that could be for this coin, are very vague and you cannot tell what the copyright is for. I do not believe anyone knows the original creator of this coin, or if it was first made in the US or Korea. I have sent him an email, asking for proof of copyright ownership and also left a voice mail message for him to return my call. So far I have gotten no response. Is he required to tell me the copyright number if I ask him? Is it possible for him to have a legit copyright if he did not know who produced it in the first place? It says he is the author. Also, why would he allow the manufacturer to have it in their online catalog to sell to anyone? What are my options? I have not talked to a local attorney.

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Gerald-Esquire

Juris Doctor

5,312 satisfied customers
Copyright Question: My design team created a cool gradient

Copyright Question: My design team created a cool gradient blue cloud with detailed worried eyes and the clouds mouth looks zipped close with the words "There is no cloud, it's just someone else's computer." In a high-tech font Underneath the cloud.Well a guy had previously copyrighted a stick figure cloud with a stick figure worried expression, a zipped closed mouth. The words "There is NO cloud it's just someone else's computer" in a plain font underneath it.My question is, does that mean I can't sell my design on t-shirts just because he now has a copyright on his design? Even though my design is way different?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

108,214 satisfied customers
If I have a copyright on something and is has been self-made

If I have a copyright on something and is has been self-made and placed and given out to people over the years but not manufactured for sale is the copyright still good?JA: Do you have a registration record?Customer: Yes.JA: Have you talked to a local attorney? Has anything been filed in court?Customer: Not yet.JA: Anything else you want the lawyer to know before I connect you?Customer: It is a board game I have been playing and developeing with people for years and my son found it on sale on e-bay.

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Alex Reese

Intellectual Property Attorney

JD

4,040 satisfied customers
I've bought a manual betting prediction system which in its

I've bought a manual betting prediction system which in its manual form is very time consuming to apply. So I've paid a friend to automate the system by coding it as a software programIt is my intention to sell the system predictions through a website (just the predictions not the system nor the software). What, if any copyright infringements am I likely to invoke?Regards ***** *****

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Alex Reese

Intellectual Property Attorney

JD

4,040 satisfied customers
I have a two-part question concerning copyright and

HiI have a two-part question concerning copyright and co-writer disagreement.Part One:I co-wrote a song a few years ago that was recently recorded by a well-known artist. I wrote the music and my co-writer wrote the lyrics. I also registered and obtained a copyright for the music I wrote back then soon after writing it.A record company released this song on the artist's album a month ago without prior mechanical license request from me.I found out a month before the release by my co-writer texting me the news that the song was being released. However, the record company never contacted me.Out of curiosity, I purchased the CD to read the credits and found that the song I co-wrote was listed as being written by the artist and my co-writer but no mention of myself in the credits. In fact all the songs had the artist as a co-writer. I actually know most of the other writers and know that this is incorrect information. This artist doesn't write songs or play an instrument at all.I contacted the record company to inquire about it and they told me that the artist never told them anything about my input in the project. I didn't hear anymore from the company for a few days so I reached out to them again and I was told they were trying to get in touch with the artist without any success.When I mentioned that I'd written the song with my co-writer and that I'd copy-written the music a long time ago they quickly offered to send me a mechanical license request form, which they did by email.I read and signed the license claiming 50% for my music as part of the song and sent it back to the company.Part TwoI then suddenly started getting texted by my co-writer's husband who is not an experienced writer, stating that he felt I was asking for too much by asking for 50% having only written the music. This began a back and forth between he and myself arguing this point for a while and ending up in disagreement with him stating the most they would offer me was 25%.I found this to be very strange since I had written music for this co-writer on a past project (for the same artist) and there was no problem with my receiving 50%. That's the standard that I always offer when I co-write with another writer.In the interim I received another mechanical license request from the record company as the one I'd previously signed had some typos and I guess they needed a new one but this time I did not sign it thinking I had better get some advise on this whole situation before proceeding any further.Anyway, all that being said, I was wondering what my options were in a case like this and what would your recommendations be?Thank you.

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Alex Reese

Intellectual Property Attorney

JD

4,040 satisfied customers
I want to use support group, chat room, message board

I want to use support group, chat room, message board postings in a book, but will not cite where I got them or who posted them and will edit the content. Is this a copyright violation? What do I need to do to minimize any problems should someone who made the post see it in the book (very unlikely)? It's a positive book about a health issue that will help people.

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Alex Reese

Intellectual Property Attorney

JD

4,040 satisfied customers
A competitor of mine says i infringed on his copyrighted

a competitor of mine says i infringed on his copyrighted design and that he's going to sueJA: Because laws vary from place to place, can you tell me what state this is in?Customer: californiaJA: Have you talked to a lawyer yet?Customer: not yetJA: Anything else you think the lawyer should know?Customer: i believe our version of the design is different enough

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Robert McEwen, Esq.

Doctoral Degree

22,720 satisfied customers
A photograph of my daughter taken by a friend was stolen

a photograph of my daughter taken by a friend was stolen from Facebook and has since downloaded 1000s of times including as wallpaper with keywords "sexy girl" (disturbing!) It appears on dozens of pages of Google reverse image search. Does she and/or her friend who took the photo (who didn't submit the photo except on personal Facebook page) have any recourse?

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Lorens35

Juris Doctor

37,154 satisfied customers
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