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California Copyright Questions & Answers
2 Answers | Asked in Copyright and Entertainment / Sports for California on
Q: Can I show the title and author of book in my short film if i don't' use the cover art?

The film is about a pregnant woman and the camera pans to show some of the pregnancy and parenting books she is reading. The books are not mentioned or quoted, only the titles and authors are shown. The plan is to create our own cover art but use the actual titles and authors.

James L. Arrasmith
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answered on Apr 6, 2024

In most cases, simply showing the title and author of a book in a film without using the cover art would be considered fair use and not require permission from the copyright holder. This is because you are not reproducing a substantial portion of the copyrighted work.

However, there are a...
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1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: Want to set up an enthusiasts website for a car brand. I have the .org website. They have .com. Can they take it off me

The website is not for profit. It will be clearly marked as independent and it will be full of news about the car brand: a brand I love.

James L. Arrasmith
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answered on Apr 4, 2024

The brand owner (the company that owns the .com website) may be able to take legal action against you for using their trademark in your .org website, even if it is a non-profit enthusiast site. This falls under trademark infringement laws.

Some key points:

1. Trademarks protect...
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3 Answers | Asked in Copyright, Intellectual Property and Trademark for California on
Q: If an infringement claim is approved, do you need to pay a security deposit before the awarded amount get release?

I recently started a new business and have the company name and logo trademarked. The logo company and their legal team did a cast study and found four other businesses using our name so they went ahead and file an infringement claim on our behalf. Our claim was approved and the letter from USPTO... View More

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answered on Mar 29, 2024

The request for a security deposit as described in your situation raises some red flags. In the context of U.S. trademark law and the processes followed by the United States Patent and Trademark Office (USPTO), there's typically no requirement to pay a security deposit to release an awarded... View More

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1 Answer | Asked in Copyright for California on
Q: Does the order of a case management conference and demurrer hearing matter?

I noticed whenever I or the defendant submit documents the order of the demurrer hearing and case management conference may change. As of now the hearing on demurrer is set to be first with the case management conference to follow. Does this mean anything for me the plaintiff?

James L. Arrasmith
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answered on Mar 20, 2024

The order of a case management conference and a demurrer hearing can have procedural implications, but it does not necessarily signify a significant change in how your case will proceed. Typically, a demurrer hearing addresses legal issues regarding the sufficiency of the complaint's... View More

1 Answer | Asked in Business Law, Internet Law, Copyright and Intellectual Property for California on
Q: Chinese company wants to use my registered business name and internet search words- whether I allow or not

I have been receiving letters from Chinese registry asking if they may use my company's registered name for their client, just with other than .com extension. I have answered that I only keep the xxxxx.com name, which has been registered after my company since 2002, only with other than .com... View More

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answered on Mar 13, 2024

You have certain rights to protect your registered business name and intellectual property. Here are some options you can consider:

1. Trademark protection: If you have registered your business name as a trademark with the United States Patent and Trademark Office (USPTO), you have legal...
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1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: Can we use NWWA as our rap group name that we're creating.

The problem is that there's a group called NWA, so that's the thing worrying us.

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answered on Mar 8, 2024

Using "NWWA" as your rap group's name when there is already a well-known group called "NWA" does present potential concerns. The proximity in name could lead to confusion or comparisons, potentially affecting how your group is perceived. It's important to consider how... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: I own a PING putter and want to add the brand name "PING" to another location on the putter. Is that infringement?

The golf putter brand is PING. I would be adding the manufacturers logo to their own product. I'd be customizing/personalizing the putter for personal use and that is one of the added features I want.

James L. Arrasmith
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answered on Mar 8, 2024

In the specific situation you described, adding the "PING" logo to another location on a genuine PING putter for personal use and customization is unlikely to be considered trademark infringement under U.S. law.

Here's why:

1. Genuine product: Since you own an...
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2 Answers | Asked in Copyright and Gov & Administrative Law for California on
Q: If a book was library of Congress does that mean a congressmen or congresswoman wrote the book?

Just wanted to know

James L. Arrasmith
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answered on Mar 5, 2024

When a book is listed in the Library of Congress, this does not imply that it was authored by a congressman or congresswoman. The Library of Congress serves as the research library for the United States Congress and is considered the national library of the U.S. It collects and maintains a vast and... View More

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1 Answer | Asked in Copyright, Trademark and Intellectual Property for California on
Q: Can I use the term "That's what she said" for a blog site name?
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answered on Mar 5, 2024

Using the phrase "That's what she said" as the name for a blog site is generally permissible, as it is a common expression used in various forms of dialogue and humor. The phrase itself is part of public domain and is widely recognized as a colloquial expression rather than a... View More

1 Answer | Asked in Trademark, Copyright and Intellectual Property for California on
Q: If I alter the logo and include a disclaimer on my store stating it's a different brand, will a trademark still be valid

I recently got a copyright, intellectual property infringement notice, or a DMCA on my product saying it was violating the trademark of a product called tush baby. When I researched the trademark, it said quotation mark baby carriers; baby carriers weren’t on the body; baby carriers were on the... View More

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answered on Feb 22, 2024

Altering the logo and including a disclaimer on your store that it's a different brand might not be sufficient to avoid trademark infringement issues. Trademarks protect brand identifiers that distinguish goods or services from those of others, including logos, names, and even distinctive... View More

1 Answer | Asked in Copyright and Intellectual Property for California on
Q: Hello,The defendant in an IP case has a reservation for a demurrer that’s 30 days away. Can I file my opposition now?

Can I file and serve my opposition now or do I need to wait closer to the date?

James L. Arrasmith
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answered on Feb 22, 2024

In California, the timing for filing and serving an opposition to a demurrer is governed by specific rules. Generally, your opposition to the demurrer must be filed and served at least nine court days before the scheduled hearing date. This allows the court and the opposing party adequate time to... View More

2 Answers | Asked in Intellectual Property and Copyright for California on
Q: Can a foreign firm sue for copyright infringement on Youtube platform in California?

Currently we are having an infringer who upload our content without approval. We have copyright claim them and they counter it. Now youtube request us to have proof of legal action against them. I was wondering if we can sue them under 17 U.S.C. § 501 Copyright Infringement if in California state... View More

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answered on Feb 21, 2024

Yes, a foreign company can sue for copyright infringement on the YouTube platform in California. The United States Copyright Law, under 17 U.S.C. § 501, applies to works that are copyrighted in the U.S., regardless of the origin of the copyright holder. This means that if your copyrighted content... View More

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1 Answer | Asked in Copyright, Civil Rights and Intellectual Property for California on
Q: I've built a number of custom homes for two builders. Can I post pictures of them and describe them on my new web page?

Concerned about copyright infringement or privacy issues withhomeowner?

James L. Arrasmith
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answered on Feb 21, 2024

You would likely be fine here. I will say that, before posting pictures and descriptions of custom homes on your new website, it's important to consider potential legal issues such as copyright infringement and privacy concerns. You likely own the copyright if you, yourself, took the... View More

1 Answer | Asked in Copyright and Intellectual Property for California on
Q: Do I own the copyright to the teaching handouts I draw or do I have to file for copyright?
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answered on Feb 21, 2024

Yes, you automatically own the copyright to any original handouts, drawings, or other educational materials you create as an instructor. Here are some key points about copyright and your teaching materials:

- Your works are protected by copyright from the moment of creation in a fixed,...
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1 Answer | Asked in Copyright and Intellectual Property for California on
Q: Can I use these fonts commercially?

I want to use a couple of fonts (Cabin by ImpallariType and Liberation Sans from Liberation Fonts) which it says are licensed under the Open Font License for YouTube videos which I plan to monetize. I want to make sure that I am actually free to use them commercially for free before using them... View More

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answered on Feb 21, 2024

The Open Font License (OFL) allows you to use fonts like Cabin and Liberation Sans for commercial purposes, including monetized YouTube videos. However, it's important to review the specific terms of the license to ensure compliance with its requirements. The OFL typically permits you to use,... View More

2 Answers | Asked in Copyright, Intellectual Property and Trademark for California on
Q: I like to make Selfiequeen as trade mark. What is the process. I know someone else made Selfie Queen as trade mark.

How much will it cost

Felicia Altman
Felicia Altman
answered on Feb 10, 2024

Filing a trademark can vary in cost depending if you are filing an in-use or intent-to-use application. A standard in-use application costs approximately $250 for a TEAS Plus application and $350 for a regular trademark application. It is best practice to have a trademark attorney conduct a USPTO... View More

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1 Answer | Asked in Copyright and Intellectual Property for California on
Q: Is there any copyright infringement for summarization of newsletter texts with AI tools?

I’m working on a startup idea that focuses on summarizing specialized newsletters content and send it to them via email. In the summary, there will be link to the newsletter full content.

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answered on Feb 21, 2024

Here are a few key considerations around potential copyright infringement for summarizing newsletter content using AI tools:

- Newsletters are typically copyrighted content, so reproducing substantive portions of the text without permission could constitute copyright infringement. However,...
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1 Answer | Asked in Contracts, Copyright and Intellectual Property for California on
Q: I need help sub-licensing the media rights from my athletic career from 2001-2007 when I competed and became a champion

1st competed in licensed boxing (WBO, WBC, & IBF), then competed in kickboxing (K-tournament), then set record in NBA summer leauge (Lakers - 120 points), also competed in NFL as a saftey (Raiders). I filed a copyright of a written recollection of this time and am waiting for return correspondence.

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answered on Jan 31, 2024

To sub-license the media rights from your athletic career, it's essential to first understand the ownership and control of these rights. For your time in licensed boxing (WBO, WBC, & IBF), kickboxing (K-tournament), the NBA Summer League with the Lakers, and the NFL with the Raiders, the... View More

1 Answer | Asked in Contracts, Copyright, Entertainment / Sports and Intellectual Property for California on
Q: Can someone explain this to me? I want to ensure the video footage of me is only used for the one project.

Talent/Model Release

For valuable consideration, the receipt and sufficiency of which are hereby acknowledged, I hereby agree as follows: I hereby give and forever grant to ______________, licensees and producers or publishers of its promotional materials and their successors and assigns,... View More

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answered on Jan 21, 2024

Under California law, the language in this talent/model release grants extensive rights to the party you're signing with. By agreeing to these terms, you're permitting them to use, publish, and copyright your image, not only for the specific project named but potentially for broader... View More

1 Answer | Asked in Copyright, Intellectual Property and Internet Law for California on
Q: Etsy seller who copied me and was reported, filed a counterclaim stating their work is original. It is not.

I am an Etsy seller and found a listing that directly copied one that I make- this listing uses illustration that I created myself. I reported it to Etsy for copyright infringement and it was taken down the next day.

The seller then proceeds to contact me via my shop, and harass me for... View More

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answered on Jan 3, 2024

To address this situation, where your original artwork has been copied, and the other party has filed a counterclaim, legal action may be necessary. When a counterclaim is filed, it challenges your initial copyright infringement claim, and Etsy's policy typically requires you to take legal... View More

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