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Recent Copyright Protection questions

Please do not respond unless you are an expert in copyright

Please do not respond unless you are an expert in copyright law, (in particular to pictures posted on the internet). I make training videos for locksmith. I put one of the videos on Ebay and the pictures I used on the Ebay ad may have copyright protection. I am now being threatened with a lawsuit and need advice. I have a great deal of video that I myself have copyrighted and I have always tried to be very careful not to infringe on someone's copyright. Here is what happened....I found an article on the internet that contained a number of pictures that looked somewhat interesting. The article itself seemed to be a "fair use" article. The article stated that "Note: All the photos in this section (unless otherwise noted) are taken by and used with permission of......" Then it sites the photographer and the photographer's website. Being that the article was a "fair use" article I took it to mean that the photographer had giver "fair use" status to the pictures. The article was first published in 2009 and cites several revisions up through 2012. I used the pictures this past year in 2016. They are not rare pictures. They did not create a lot of value. It was three pictures out of 11. The auction also contained a sample video which was much more valuable in selling the video than are the 3 pictures in question. I work with hundreds of hours of video that I create and I work with thousands of pictures. Most of the pictures I take myself. The truth is that when I posted the three pictures in question (working with thumbnails pics) I did not even see the water mark copyright as it blends with the picture. Even with the pictures they included in their letter, I do not see the water mark on two of them. I have only sold a few (probably less than 10) of these videos at 29.99 and I think the $2110 they are asking for is way too much. I need advice on my legal position and the best way to handle this issue.

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Alex Reese

Intellectual Property Attorney

JD

4,182 satisfied customers
I am the owner of Signs in Paintsville,. We have a local

My name is***** and I am the owner of Ward Signs in Paintsville, KY. We have a local competitor that has done work (vehicle wraps, etc.) for a customer, East Kentucky Lawn Care in which our competitor has done business with for a couple years. The customer became unsatisfied with the current work by the competitor so they brought their business to us. We duplicated the art for some projects, as well as the logo, and the competitor has had a lawyer send a threatening letter of further litigation if we didn't stop printing. We actually changed the background image used and did trace some of the artwork, but the customer has paid thousands of dollars for the work to the competitor and was under the assumption they owned the rights and could take their business elsewhere.JA: Have you talked to a local attorney? Has anything been filed in court?Customer: Nothing has been filed and local attorneys that I have spoken with aren't sure.JA: Anything else you want the lawyer to know before I connect you?Customer: We have an upcoming job from another customer that wants to use us and I have the art available to use for their cars and have them scheduled for Friday. The wrench in this is that the competitor has used a duplicate of artwork derived from another Sheriff Dept. from an image brought to them that they duplicated.

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39,500 satisfied customers
There are people, who slipped my findings (in plasma

There are people, who slipped my findings (in plasma research) in their work and got benefited from it publishing fundamental work (group A). Other groups (group B), who I have also talked and said that my physics was important in their Government funded models, included major finding of my work in their numerical works and when I complained, now I see that they are referencing the work of people from group A.Both these groups get money from NASA, NSF, etc., i.e. Governmental Sources. Most of my work was done on my own time, and despite numerous attempts - I never got funded (well, money was going to those thieves) and now the situation is like in my letter to Senate and Congress Committee:https://www.linkedin.com/pulse/letter-sent-us-senators-members-committee-science-kaghashvili-phd-?trk=mp-reader-cardSo, my question is what can I do legally? There are many groups who I talked and all of them thought that they took nothing important from me, as one Professor wrote to me:"My apologies if we omitted your reference — can you send me the citation info? (I saw the hyperlink to linked-in in your message, but I'm looking for the bibliographic citation, something I can put in future papers.) Our model is super-simple — we neglect density fluctuations and background-density variations perpendicular to the background field, as well as all compressive fluctuations and kinetic effects. This may be why we are not including the waves you're describing. I saw that you wrote to Bart and me as well separately, but the same comment about the super-simple model (no density fluctuations or compressions) applies there as well."Both groups knew my work, their work includes my important findings, and I am not sure NASA, NSF (I wrote them several times), or other funding agency will easily confess that they made mistakes form 7-8 years now.All these research was done on my own time, while having a day-job on Gov. project hoping that one of my grants might be awarded since 2007!? I spent many hours of my family time, twice were very close for family of four to be separated because my spouse felt, and I agree with her, that I was spending too much family time on that. But now I know that I never had a chance, people I spoke since 2008-2009 (Univ. Professors, high-ranked NASA scientist, etc.) were taking my major finding and including in the work, and then they were rewarding even more, etc.So, what is that I can do?

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montysimmons

Owner Simmons Patents

Doctoral Degree

588 satisfied customers
Information about the I.T Production, LLC copyright

Information about the I.T Production, LLC copyright infringement.JA: What written documentation do you have?Customer: Letter from Comcast , Ref: I.T. Production, LLC v. DOES I - 20JA: Have you talked to a local attorney? Has anything been filed in court?Customer: No and I don't know.JA: Anything else you want the lawyer to know before I connect you?Customer: I haven't a clue.

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Gerald-Esquire

Juris Doctor

6,842 satisfied customers
I have a question about Trademark law. I've created a

Hi,I have a question about Trademark law. I've created a superhero idea in which I would eventually like to end up as toys and such on the shelves of toy stores. Let say, for example purposes, the heroes are a team, and are named NitroForce. I would like to have the name Nitro on a bunch of things. Just like BAT-MAN has his BAT-Plane, BAT-Signal, BAT-cave, BAT-mobile, I would like to have the prefix “Nitro” on toys like that, too…so, NitroPlane, NitroSub, NitroJet, NitroBlaster, etc. (Again, Nitro isn't the name, I'm just using that as an example). Another real life example besides that is Ghostbusters…they probably have protection over the pre-fix “Ghost,” because they have toys called the Ghost-Blaster, the GhostTrap, GhostZapper, etc. They even probably have protection over the prefix “Ecto.” They have the Ecto-Cool, Ecto-1, EctoPlane, etc. SO, my question is this, since I will be using my prefix “Nitro” on a series of things, and over many different product types, how can I GAIN TRADEMARK PROTECTION for the prefix “Nitro.” Would I register ALL instances of the word Nitro across all relevant classes? So, I would take NitroSub, a submarine the heroes use, and register that across all relevant classes? And then do the same for NitroPlane, and so forth. And if so, that would be VERY EXPENSIVE very quickly…I'm a startup and on a budget, so I have to be selective. Would registering the main name of the hero team “NitroForce” on 1 class be sufficient, and would that provide me protection of all other uses of JUST the prefix Nitro? So, just like Pokemon has the Poke-Ball, PokeShop, PokeGym, etc, and Teenage Mutant Ninja Turtles have the TurtleCopter, TurtleLair, TurtleMobile, etc, what and how can I gain exclusive protection for my prefix “Nitro,” in the most strategically efficient way? Take McDonalds as another example, if McDonalds wanted to exclude others from using the prefix “Mc,” would they register only “Mc,” or all instances of the use of their products with the use of the word “Mc” (such as McNuggets, McChicken, McFlurry, etc), or would registering the name McDonalds be sufficient, and using the others in commerce without registering them is enough? I'm Not sure, and that's why I'm asking you…HOW to gain protection for this prefix.Another quick related question related to trademarks and cartoon characters…regarding their most famous character…does Disney own the character's name “Mickey Mouse,” as a whole, or, would you say they also have protection over the name “Mickey” alone, without the mouse part attached.Last question: lets say I wanted to make a parody of the Teenage Mutant Ninja Turtle. I called it the Teenage Mutant Ninja Dolphins. Question is, since it's a parody, would I thus become the new owner of the characters AND name “Teenage Mutant Ninja Dolphins,”? Does that eventually break away from being a parody and get recognized as its own separate body of work?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

115,488 satisfied customers
There is a strategy game called "Twixt", popular in the

There is a strategy game called "Twixt", popular in the 1970s, which has been out of print for over 20 years. The original creator died in 2004, and Hasbro let the Trademark expire in 2005. I want to bring the game back on a Kickstarter campaign. I filed a Trademark application with USPTO last week. Assuming they approve my Trademark, I have a question regarding copyrights. I know the text of the instructions needs to be rewritten completely, changing terminology, etc. But the board itself is unique. It is basically a plastic peg board with plastic fence posts to build a "yuge wall" to the other side. Please see the Wikipedia on the game below.https://en.wikipedia.org/wiki/TwixTThere may be a patent on this board, but that would have expired long ago. Is the unique pegboard design part of the creator's copyright? Are the game pieces protected? How would I get around this?

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Robert McEwen, Esq.

Doctoral Degree

24,150 satisfied customers
My company has made a product for 30 years for 1 customer

My company has made a product for 30 years for 1 customer and he sold it as his own and distributed it workdwide. He even had a patent on a particular item we manufactured at one point that ran out in 2005. The party we sold the product to and my father helped design it together, but we own the drawings. The businesses were passed down to the next generation and now the guy I manufactured the product for had it reverse engineered. My question is is there any copyright infringement here as I would like to take my product direct to market.JA: What's the invention's purpose?Customer: Golf ball washerJA: Have you talked to a local attorney? Has anything been filed in court?Customer: NoJA: Anything else you want the lawyer to know before I connect you?Customer: No

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Alex Reese

Intellectual Property Attorney

JD

4,182 satisfied customers
I recently got a packet from a law firm and they demanded I

I recently got a packet from a law firm and they demanded I comply with them. Up to this point I have not sent them anything or taken any type action. It is revolving around a copyright product, which I sent to an undercover agent. Now lets say they stop pursuing me but instead, they end up finding someone else linked to the copyrighted produced and somehow I get mentioned in that case. Does the penalty for me become more severe for having avoided the first attempt of them trying to reach me or does it only matter what plays out in court.

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nyclawyer

Attorney

Juris Doctor.

41,664 satisfied customers
I am a lawyer myself. I have" created" or "invented" a

I am a lawyer myself. I have" created" or "invented" a significant change to a particular baseball rule which will change a certain aspect of baseball which is problematic. This rule change, I believe would be very appealing to owners and players and I would like to "market" it and present it, but want to protect it as IP, if the law permits this. I am not schooled in IP law and don't know if this is possible, but I know that if it is not subject to protection, it will be stolen and used without any benefit to me. Your thoughts on whether and how I can protect this. David ReidJA: Is this about an invention, a design, or an artistic work?Customer: see my message, ty DavidJA: Have you talked to a local attorney? Has anything been filed in court?Customer: nothing has been filed- I have not talked with a local copyright attorney- for now I have kept this secret - DavidJA: Anything else you want the lawyer to know before I connect you?Customer: nothing that I can think of at the moment

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39,500 satisfied customers
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