Intellectual Property Law

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I'm putting up an online store, and I thought it would be

Customer Question
I'm putting up an online...
I'm putting up an online store, and I thought it would be neat to have a blog about the Grateful Dead. I've put up several YouTube videos and lyrics. It just occurred to me that I could be sued for copyright infringement. Could I be sued? What's the likelihood of that happening?
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: Florida. Gainesville to be exact.
JA: Have you talked to a local attorney? Has anything been filed in court?
Customer: Nothing has been filed in court. No, I haven't talked to an attorney yet. It just occurred to me this morning.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I can't think of anything
Submitted: 1 year ago.Category: Intellectual Property Law
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Answered in 6 minutes by:
1/5/2017
IP Lawyer: Gerald-Esquire, Lawyer replied 1 year ago
Gerald-Esquire
Category: Intellectual Property Law
Satisfied Customers: 4,567
Experience: 30 years of experience.
Verified

Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

Ask Your Own Intellectual Property Law Question
IP Lawyer: Gerald-Esquire, Lawyer replied 1 year ago

Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience. I also happen to be a published author and have received scholarship recognition on copyright law issues. I hope to provide you information that will help you in resolving your question.

You can be sued for posting the lyrics without permission. That is a copyright violation.

You Tube obtains licenses for the videos posted for artists. So if you are simply linking to the YouTube page that is NOT a copyright infringement, Also the Courts have looked at mere simple linking as a protected Fair Use. See this article for more details on this subject:

http://www.dmlp.org/legal-guide/linking-copyrighted-materials

There are companies that "Troll" the internet looking for infringing material and they make a living bringing infringement actions on behalf of copyright holders. Some of these trolls are scams and some are legitimate. In either case dealing with them is a bit of a nightmare. So if you can avoid the potential infringement you are better off.

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but it helps me greatly. Thank you.

If you are dissatisfied with my response PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

Ask Your Own Intellectual Property Law Question
IP Lawyer: Gerald-Esquire, Lawyer replied 1 year ago

Of course you could obtain permission from the copyright holder. That is the safest route.

If you are interested in licensing from the Grateful Dead contact:

Sara Nemerov***@******.***
75 Rockefeller Plaza
New York, NY 10019(###) ###-####/p>

Kind regards,

Gerald

(Please do not forget to rate me – click the five stars. It adds nothing additional to your costs, but it helps me greatly. Plus it is good Karma for you. Thank you.)

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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