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.
Is this document effective, to transfer IP rights?
Is this document effective, to transfer IP rights?ASSIGNMENT AND TRANSFER AGREEMENTThis Assignment and Transfer Agreement (“Agreement”) is made as of ___________, 20__ (“Effective Date”) between ________________. (“Assignee”), and ________________ (“Assignor”). In consideration of the mutual promises and covenants contained in this Agreement, the parties agree as follows:1. Definitions1.1 “Assigned Property” means the Intellectual Property Rights related with the now abandoned US Patent Application Ser. No. xxxxx “abcdefg"2. Assignment. Assignor hereby perpetually, irrevocably, and unconditionally assigns, transfers, and conveys to Assignee and its successors and assigns, all of Assignor's right, title, and interest in and to the Assigned Property3. Consideration. In consideration for assignments made by Assignor under this Agreement, Assignee will pay Assignor $10 dollars.4. Further Assurances4.1 Assistance. Assignor will take all action and execute all documents as Assignee may reasonably request to effectuate the transfer of the Assigned Property and the vesting of complete and exclusive ownership of the Assigned Property in Assignee.4.2 Power of Attorney. If at any time Assignee is unable, for any reason, to secure Assignor's signature on any letters patent, copyright, or trademark assignments or applications for registrations, or other documents or filings pertaining to any or all of the Assigned Property, whether because of Assignor's unwillingness, or for any other reason whatsoever, Assignor hereby irrevocably designates and appoints Assignee and its duly authorized officers and agents as its agents and attorneys-in-fact, to act for and on its behalf and stead to execute and file any and all such applications, registrations, and other documents with the same legal force and effect as if executed by Assignor.5. Miscellaneous5.1 Governing Law and Jurisdiction. This Agreement will be governed by, and construed in accordance with, the laws of the State of Maryland.5.2 Severability. If any provision of this Agreement is held invalid by any court of competent jurisdiction, such invalidity will not affect the validity or operation of any other provision, and the invalid provision will be deemed severed from this Agreement.[Assignor] [Assignee]By:_________________________ By:____________________________Title:_______________________ Title:____________________________
Say I wanted reproduce the box I need for a product for
Say I wanted reproduce the box I need for a product for sale.The original boxes are rarely available. Once the box was created what permission if any would I need from the brand "XBOX" (ms corp) to sell a reprint of their box from 2 decades ago?
As a product developer, I am concerned that I could create a
As a product developer, I am concerned that I could create a unique differentiating feature and it could be copied. I understand patent law is a grey field, meaning patents are often difficult to get and even if one is awarded - it can be difficult to enforce.So, basically, how can a company like Facebook copy the main differentiating features of a popular well funded start-up like SnapChat and get away with it?Thanks.
If there are two people who co-own a patent portfolio, and
If there are two people who co-own a patent portfolio, and one party sues a company for patent infringement....does the other co-owner have to always participate if there is no agreement? What happens if one of the co-owners decides they will never want to participate in any patent infringement lawsuit?
I would like to copyright or protect a logo or avatar
hello ,I would like to copyright or protect a logo or avatar created by my now deceased son for non-profit purposes. Is this possible? And if so how?JA: What written documentation do you have?Customer: No written doc. from him just computer images and some hand drawings.JA: 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: Not at this time.
I work in the knife industry where I customize and modify
I work in the knife industry where I customize and modify existing production folding knives. Some companies like Emerson Knives Inc. and Spyderco have trademarked their opening feature (i.e. the 'wave' and the 'spydie hole'). If I were to make a new blade for their own knife and install it on their knife (i.e. not a knife I made) would this be acceptable?
My company assigned a patent portfolio to a person (who
My company assigned a patent portfolio to a person (who happens to be a patent lawyer) back in August 2013. One month before we assigned our patents to this guy, he licensed our patents to a company in July 2013 and collected money before we executed our patent assignment agreement which we didn't become aware of until June 2016 (three years later) when we sued him and got information from discovery (bank accounts) which showed this evidence trail.When we both signed the patent assignment agreement in August 2013, he told us to use a back date of June 2013 for the execution date (even though we have emails with draft agreements and the signed copy showing it was executed in August).In addition to a civil lawsuit, we also filed a criminal investigation against this guy for larceny & wire fraud for the initial license he did one month before he owned our patents. Can this criminal get out of the criminal aspect simply because he told us to back date the assignment agreement? We have text messages from him in August 2013 where he told us in writing to back date the assignment agreement.