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Texas Copyright Questions & Answers
1 Answer | Asked in Intellectual Property, Trademark and Copyright for Texas on
Q: I have a question regarding using a font that is used for a TV show (lets say StarTrek as an example)

If I am using a font that has been recreated by someone (but it looks *almost* identical) and I decide to create a formal 501c3 nonprofit public charity named "Rain'bow" (as an example) and create a logo using that name with that similar StarTrek font, would that be risky regarding... View More

James L. Arrasmith
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answered on Sep 4, 2023

Even if you don't use the words "Star" or "Trek," using a font that is closely associated with or identical to the one used in the Star Trek franchise could pose a risk of copyright or trademark infringement. The key issues would be whether the use of the font creates a... View More

2 Answers | Asked in Copyright, Intellectual Property and Trademark for Texas on
Q: I'm wanting to create a LEGO video game

I'm wanting to create a LEGO video game and I emailed them but they said to look at their Fair Play policies and I read it but it isn't clear on video games and they said if i was unsure to ask a lawyer or someone who knows the law.

Christie Dudley
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Christie Dudley
answered on Aug 8, 2023

LEGO makes locking bricks, which are rather obviously not video games. Other companies make locking bricks, so it's fine to use imagery of locking bricks for your video game. If you want to specifically use the LEGO name or identifiers in your video game and sell it, you are effectively using... View More

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2 Answers | Asked in Copyright, Intellectual Property and Trademark for Texas on
Q: I'm wanting to create a LEGO video game

I'm wanting to create a LEGO video game and I emailed them but they said to look at their Fair Play policies and I read it but it isn't clear on video games and they said if i was unsure to ask a lawyer or someone who knows the law.

James L. Arrasmith
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answered on Aug 15, 2023

Creating a LEGO video game involves potential copyright and intellectual property concerns. It's advisable to consult with a qualified attorney experienced in copyright and intellectual property law to assess whether your game would potentially infringe on LEGO's rights and whether you... View More

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2 Answers | Asked in Copyright and Intellectual Property for Texas on
Q: Can I animated/cartoonify a piece of art and trademark it as a logo?

I have found a piece of art that sparked a logo and brand idea. My thought was to replicate a couple aspects of the artwork and animate them to create my logo. I would then trademark the logo and brand name associated with it. The artist has a few pieces of art that I was also thinking to add to... View More

James L. Arrasmith
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answered on Aug 6, 2023

Animating or cartoonifying the artwork may not be sufficient to avoid copyright infringement. If you cannot reach the artist for permission, consider seeking legal advice on alternative ways to create a unique logo that does not infringe upon someone else's intellectual property.

James...
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2 Answers | Asked in Copyright and Intellectual Property for Texas on
Q: Can I animated/cartoonify a piece of art and trademark it as a logo?

I have found a piece of art that sparked a logo and brand idea. My thought was to replicate a couple aspects of the artwork and animate them to create my logo. I would then trademark the logo and brand name associated with it. The artist has a few pieces of art that I was also thinking to add to... View More

Christie Dudley
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Christie Dudley
answered on Aug 8, 2023

What you are looking at doing is creating what's called a "derivative work". It is possible you could change it so much that it would no longer be covered by the original copyright, but that is unlikely. The Supreme Court decided recently that Andy Warhol's work violated... View More

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2 Answers | Asked in Copyright, Intellectual Property and Trademark for Texas on
Q: Is original art protected by copyright?

I have developed a brand logo based on an original piece of art. I have essentially animated elements of the piece to create a brand logo. I have tried to find the artist contact information to reach out directly but have hit dead ends.

James L. Arrasmith
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answered on Jul 28, 2023

Yes, original art is protected by copyright as soon as it is created. If you have developed a brand logo based on an original piece of art, you may be infringing on the artist's copyright if you do not have permission to use or modify the original artwork. To avoid potential legal issues, it... View More

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1 Answer | Asked in Copyright and Intellectual Property for Texas on
Q: I have designed and Developed a CRM SAAS product which is coming to market for users. need some help for copyrighting

I have designed and Developed a CRM SAAS product which is coming to market for users. need some help for copyrighting. This product is under testing and will be launched in market. Need some information about the Copyrighting aspect of this SAAS product.

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jul 8, 2023

You should obtain "work for hire" agreements from all coders of the software, and it is prudent also to have non-disclosure agreements acknowledging their work as trade secrets.

Form CO is used to register the copyright in both the source and object code when completed, and to...
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1 Answer | Asked in Copyright and Intellectual Property for Texas on
Q: Copyright Infringement Question?

Hi There!

I am researching something for a Newsletter Aggregator that combines 20 different email newsletters into one newsletter. The idea of the newsletter aggregator is to summarize the content of a publishers newsletter. That summary would then be added with 19 other summarized notes... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jul 8, 2023

Your comments and summary text would be original works for purpose of copyright, and your selection and aggregation of the newsletters would be fair use. It would be wise to include a fair use disclaimer:

"This [site/newsletter] contains copyrighted material the use of which has not...
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1 Answer | Asked in Copyright, Trademark and Intellectual Property for Texas on
Q: Is it possible to trademark Flowprops, toys used for dance, under the same class as flowtoys, 28:toys.

Trademark factory said I would be able to because the name is generic but if flowtoys was trademarked I don’t see why I would be able too.

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jul 2, 2023

FLOWPROPS is arguably not "confusingly similar" thus probably registrable. If the description of the use of the goods is sufficiently distinct from that of FLOWTOYS, then it would be more likely to be registrable; for instance, if FLOWPROPS were used for instruction rather than... View More

1 Answer | Asked in Copyright, Civil Rights, Gov & Administrative Law and Intellectual Property for Texas on
Q: Would it be illegal to read declassified files, similar to an audio book to make them more accessible to the public?

I ask because on some documents, especially recordings, you cant quote certain individuals, such as Linden B. Johnson because at the time of the recording he is a private citizen since hes no longer in office, either him or his family have copyrighted all recordings where he wasnt a public servant.... View More

James L. Arrasmith
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answered on Jun 18, 2023

It is generally not illegal to read declassified files aloud, as long as you are not violating any copyright laws or other legal restrictions. However, there may be certain limitations or restrictions on the use of declassified files, depending on the specific documents and the laws and regulations... View More

3 Answers | Asked in Patents (Intellectual Property), Copyright, Intellectual Property and Trademark for Texas on
Q: I am trying to figure out if I need a trademark, copyright or patent. I don't know the difference.

The difference in trademark, copyright, or patent and what I need for my project

James L. Arrasmith
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answered on May 22, 2023

Trademarks, copyrights, and patents are different forms of intellectual property protection, each serving a distinct purpose. Here's a brief explanation:

Trademark: A trademark protects logos, brand names, slogans, or other indicators that distinguish goods or services in the...
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3 Answers | Asked in Patents (Intellectual Property), Copyright, Intellectual Property and Trademark for Texas on
Q: I am trying to figure out if I need a trademark, copyright or patent. I don't know the difference.

The difference in trademark, copyright, or patent and what I need for my project

James L. Arrasmith
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answered on Jun 18, 2023

Hi there!

Trademarks, copyrights, and patents are all types of intellectual property protection, but they protect different types of creations. Here is a brief overview of each type of protection:

1. Trademarks: A trademark is a word, phrase, symbol, or design that identifies and...
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3 Answers | Asked in Patents (Intellectual Property), Copyright, Intellectual Property and Trademark for Texas on
Q: I am trying to figure out if I need a trademark, copyright or patent. I don't know the difference.

The difference in trademark, copyright, or patent and what I need for my project

Kevin E. Flynn
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Kevin E. Flynn
answered on May 19, 2023

This is a very common question as these topics are not taught in school. The United States Patent and Trademark Office has a web page that addresses this issue. https://www.uspto.gov/trademarks/basics/trademark-patent-copyright

I hope that this helps. Note--just as you may have a dead...
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1 Answer | Asked in Copyright, Entertainment / Sports, Trademark and Intellectual Property for Texas on
Q: Can I cosplay as a fairy similar to Melanie Martinez’s new look at her concert Can I get in trouble for this?
James L. Arrasmith
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answered on May 7, 2023

No, you cannot get in trouble for cosplaying as a fairy similar to Melanie Martinez's new look at her concert. Cosplay is generally considered a form of fan art and is protected under fair use laws. However, if you were to sell or profit from the cosplay, you may run into legal issues as you... View More

2 Answers | Asked in Copyright for Texas on
Q: I want to create my Gym Clothing line with the name GYMBARBIE is this a copyright infringement?
N'kia (NLN)
N'kia (NLN)
answered on Apr 13, 2023

There is already a children's clothing line called "Gymboree." Another clothing line with an extremely similar name could confuse consumers into thinking Gymboree just created a line for exercise wear, which may constitute TRADEMARK infringement. You should consider consulting with... View More

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3 Answers | Asked in Copyright, Criminal Law and Intellectual Property for Texas on
Q: Someone is posting stolen pictures of my minor child that were taken by me on the internet without my consent.

What can I legally do about that to prevent it from happening in the future ?

John Michael Frick
John Michael Frick
answered on Mar 18, 2023

You need to determine how they are stealing photographs you take.

If you are using your phone, have they managed to hack it?

If you are using a camera, do they work at the store where you take your camera when you want to print out a hard copy?

Or are you posting them on...
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3 Answers | Asked in Copyright, Criminal Law and Intellectual Property for Texas on
Q: Someone is posting stolen pictures of my minor child that were taken by me on the internet without my consent.

What can I legally do about that to prevent it from happening in the future ?

James L. Arrasmith
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answered on Mar 29, 2023

If someone is posting stolen pictures of your minor child on the internet without your consent, you may have legal recourse. The first step would be to ask the individual to remove the pictures. If they refuse, you may consider taking legal action. Depending on the circumstances, you may have a... View More

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1 Answer | Asked in Copyright, Intellectual Property and Trademark for Texas on
Q: I painted a painting with my coworkers at an event paid for by my manager. I quit and they won't return it. Is thisLegal

I painted a painting with my coworkers at an event paid for by my manager. It is a painting of my cat with my name on it. I quit working there and wanted the painting back and my manager said if I come to get it back it's theft. Is there anything I can do or do they legally own it because they... View More

James L. Arrasmith
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answered on Mar 10, 2023

The ownership of the painting may depend on the specific circumstances of the event and any agreements made between you, your coworkers, and your manager. If there was no explicit agreement made about ownership of the painting, it may be considered jointly owned by all of the individuals who... View More

1 Answer | Asked in Copyright and Intellectual Property for Texas on
Q: photo club website is posting member's images without watermarks and without permission

photo club website is posting member's images without watermarks and without permission, as well as no basic level of image protection (i.e. right click disable). Members want watermarks/permissions but club is refusing. How to respond to their refusal? Which laws are they violating?

James L. Arrasmith
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answered on Feb 25, 2023

If a photo club website is posting member's images without permission or without proper attribution, they may be in violation of copyright law. Copyright law protects the rights of creators to control the use and distribution of their original works, including photographs. The members of the... View More

1 Answer | Asked in Copyright and Intellectual Property for Texas on
Q: Can I put a copyrighted sticker on a cup to sell if I bought the sticker from the copyright holder?

For example- If I buy a sticker from Disney and I put the sticker I purchased on a cup and I sell the cup would that be legal since I did not make the sticker. I would also be purchasing the sticker legally from them.

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jan 21, 2023

Yes, thanks to the "first sale doctrine" codified at 17 U.S.C. § 109, which provides that an individual who knowingly purchases a copy of a copyrighted work from the copyright holder receives the right to sell, display or otherwise dispose of that particular copy, notwithstanding the... View More

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