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Texas Copyright Questions & Answers
1 Answer | Asked in Copyright and Trademark for Texas on
Q: I own an Instagram account that is the name of a company and they are wanting me to delete or hand it over.

I do post content relative to their service/product but I can remove or change it. I also added “Not affiliated with business name” in the bio.

Sergiy M Sivochek
Sergiy M Sivochek
answered on Aug 8, 2022

This question lacks sufficient detail to provide a meaningful answer. These types of demands are rather frequent and they are always very fact-specific. Sometimes those demands are warranted and sometimes not. The most important question here is whether the company that sent you that demand can... Read more »

1 Answer | Asked in Copyright for Texas on
Q: I am writing a film workbook and I want to basically copy and paste movie titles into it. Will that be an issue?

Many of the fonts used in these movie titles are customized just for the title of the film.

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Aug 1, 2022

The titles are not the subject of copyright, so their use to refer to the movies is not infringing.

1 Answer | Asked in Copyright for Texas on
Q: If you leak OnlyFans content on a forum will you be arrested or charged?

A forum where all people do is post OnlyFans leaks is there a possibility of doing jail time? Or prison time?

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jun 29, 2022

Copyright infringement of this sort is a civil matter, so you should not fear criminal consequences.

You should, however, mitigate the possible damages by removing the post that infringes.

1 Answer | Asked in Copyright, Intellectual Property, Patents (Intellectual Property) and Trademark for Texas on
Q: Is it legal to use screenshots from software I've purchased, in training course material I create and sell - screenshots

only, not the software itself - without compensation to or permission of software seller?

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on May 3, 2022

There is not a patent question here. This is a question of your end user agreement and possibly copyright law.

1 Answer | Asked in Copyright and Trademark for Texas on
Q: Can I legally use the name Soul Snatcher for fishing lures and tackle?

This will include soft and hard baits, fishing rods, fishing accessories, and apparel.

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Apr 30, 2022

There is a live registration for SOULSNATCHAS (phonetic equivalent) in the category for apparel, another for SOUL SNATCHER in the category for adult sexual stimulation aids, and a pending application for SOUL SNATCHER in an apparel-related category, so those would preclude new registrations in... Read more »

1 Answer | Asked in Copyright, Business Law and Patents (Intellectual Property) for Texas on
Q: I am trying to find the patent for the brush guard that GM put on their Commercial Utility Cargo Vehicle (CUCV).

These vehicles were provided to the US military from 1984 - 1987. I believe similar brush guards were an option on GM trucks as early as the 1960's. I would like to reproduce this brush guard for the same GM vehicles and other vehicles with slight modifications. Thanks for any help you can... Read more »

Peter D. Mlynek
Peter D. Mlynek
answered on Mar 29, 2022

Sorry to be getting to this so late.

This is a common type of question, but unless the brush guard was ornamental, finding the patent is not going to be very helpful. The drawings that come with patents are there to help the reader understand the invention, and are not meant to be...
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2 Answers | Asked in Copyright, Criminal Law, Divorce and Libel & Slander for Texas on
Q: What repercussions could happen if I expose a cheater using her full name on a website? (I.e. shesahomewrecker.com)

My husband had an affair. He admitted it and I have photographic proof, texts, and messages. I also want to put pictures she sent to him on there. It is her face only, no nudity. (So, not revenge porn)

I have not contacted or even met her. (So, there isn’t harassment)

Since she... Read more »

Kiele Linroth Pace
Kiele Linroth Pace
answered on Mar 22, 2022

Meeting her is not an element of the offense of Harassment. The affair is not a matter of public concern and it is "reasonably likely to cause emotional distress, abuse, or torment to another person" which could be the homewrecker herself or members of her family. Texas Penal Code... Read more »

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1 Answer | Asked in Copyright, Constitutional Law, Entertainment / Sports and Intellectual Property for Texas on
Q: Is fair use subject to interpretation regardless of facts?

If I record a full cover (track and vocal) of a popular song, and release it on social media with no compensation, no expectation of compensation, no request for monetary support, strictly for the purpose of exhibition, entertainment, and to receive interaction (comments and/or likes) from viewers,... Read more »

Liliana Di Nola-Baron
Liliana Di Nola-Baron
answered on Mar 2, 2022

You should consult an attorney.

1 Answer | Asked in Copyright for Texas on
Q: I'm writing a book on covid, I'm including quotes from various doctors and medical journals, is this fair use?

I'm taking quotes from various TV interviews of Drs, medical studies and journals, and news articles ranging from topics on the vaccine to lockdowns, to masks, and treatment. I'm also commenting on the quotes while also adding criticism in some parts. I want to self publish the book for... Read more »

Thomas James
Thomas James
answered on Feb 11, 2022

Under U.S. fair use doctrine, a limited portion of a work may be quoted for purposes of criticism, commentary, news reporting, or academic writing. There is no bright-line test for determining the amount that may be quoted. It depends on consideration of several factors.

Note that the...
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2 Answers | Asked in Copyright, Business Law and Intellectual Property for Texas on
Q: How to prevent theft of a template/its framework for consulting. End result is a customized digital document each time.
Marcos Garciaacosta
Marcos Garciaacosta
answered on Nov 28, 2021

You can start by registering the copyright.

Enforcement will be up to you, via civil courts.

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1 Answer | Asked in Business Formation and Copyright for Texas on
Q: Is EssentialSkinCare LLC trade Mark ?
Marcos Garciaacosta
Marcos Garciaacosta
answered on Nov 20, 2021

You need consult with an attorney to do a search.

1 Answer | Asked in Copyright for Texas on
Q: How long time a lawyer had to sue me for violations of game copyright?
Robert Kost
PREMIUM
Robert Kost
answered on Nov 16, 2021

The lawyer has 3 years from what he or she alleges is the "last act" of infringement to bring suit. If you are still infringing as of today, the lawyer has 3 years from today to bring the suit.

2 Answers | Asked in Copyright and Intellectual Property for Texas on
Q: Is it legal to purchase a book from overseas over the Internet and have it shipped to the US?

I’m considering buying a book online from a bookstore in the UK and having it shipped to me in the US because the British edition is much more attractive than the US edition (this would be shipped by the retailer using the postal system). The thing is, the US edition and UK edition are published... Read more »

Teri A. Walter
Teri A. Walter
answered on Nov 11, 2021

Buy the book - there's no problem with what you described.

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1 Answer | Asked in Copyright for Texas on
Q: Can I use the word doozy and make it my trade mark
Marcos Garciaacosta
Marcos Garciaacosta
answered on Jun 15, 2021

Depends if it is available and what context you want to do it

1 Answer | Asked in Copyright and Trademark for Texas on
Q: How do I go about using an item that is licensed for my small business printing? Please advise.
Marcos Garciaacosta
Marcos Garciaacosta
answered on May 21, 2021

Contact the company that handles the licenses and ask for one.

Contact an attorney for further assistance.

1 Answer | Asked in Contracts, Copyright, Entertainment / Sports and Intellectual Property for Texas on
Q: In 2001 a well known music artist signed all his right away under duress. His life was threatened if he didn't sign.

Can he file suit since it was under duress? There is alot of money in royalties on the line

Marcos Garciaacosta
Marcos Garciaacosta
answered on May 10, 2021

You definitely have to run very fast to talk to an attorney.

There may be some criminal issues as well.

1 Answer | Asked in Business Law, Trademark, Copyright and Intellectual Property for Texas on
Q: A nonprofit organization voluntarily dissolved, there was a trademark name held by the organization, can I acquire it?

The nonprofit voluntarily dissolved as of 4/30/2021 and will not be re-organizing. They held a trademark which according to the USPTO there's been no action on it since 2016 and doesn't reflect an "assignment." I have a similar nonprofit and would like to acquire that... Read more »

Evelyn Suero
Evelyn Suero
answered on May 2, 2021

The USPTO will refuse to register a trademark when an identical or similar trademark is already registered. Typically, when a nonprofit is dissolved, it is required to transfer all of its assets and property to another nonprofit. It is possible that another organization may now own the mark.... Read more »

1 Answer | Asked in Copyright and Intellectual Property for Texas on
Q: Who owns copyright for single member LLC?

I am a single-member owner of an LLC. I have a website for my company in which I created all of the blogs for. I submitted a group of published short literary works copyright application and I listed myself as the author but said the claimant is my LLC and that I was transferring the rights to the... Read more »

Marcos Garciaacosta
Marcos Garciaacosta
answered on Apr 14, 2021

Probably both.

For beginners you need to consult with an attorney.

In general if you are granting your rights to a company, whether you own or not, it is the company the owner then.

An LLC can be a pass through entity for tax purposes, but can be an independent entity for...
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1 Answer | Asked in Copyright and Patents (Intellectual Property) for Texas on
Q: I want to create and patent a license plate trim. How do I do that?
Peter D. Mlynek
Peter D. Mlynek
answered on Feb 15, 2021

You need to contact a patent attorney to get this done.

You most likely have two options depending what aspect of the license plate trim you are trying to protect. If you are trying to get coverage for the ornamental design of the trim, then you'll likely need a design patent. If you...
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