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California Copyright Questions & Answers
1 Answer | Asked in Copyright, Entertainment / Sports, Identity Theft and Intellectual Property for California on
Q: Is it legal for an artist to use someone else's personal emails and text for their songs?
James L. Arrasmith
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answered on Nov 14, 2024

Using someone else's private communications like emails and texts in songs without permission can lead to serious legal issues. Personal communications are protected by copyright law, and the original writer typically owns the rights to their content. Additionally, publishing private messages... View More

3 Answers | Asked in Trademark, Copyright and Intellectual Property for California on
Q: I'm looking to create and sell books commercially.

Some of them will have the word “Animal/Animals” in the title, internal pages, description etc. But there's a trademark for the word “ANIMALS” overseas, covering books. Does it mean that I can't include the word “Animal/Animals” either capital or lowercase in my book at all... View More

Sean Goodwin
Sean Goodwin
answered on Nov 8, 2024

The titles of books cannot be copyrighted.

Foreign trademarks are not applicable unless you plan to sell in that country. If you are worried about trademarks in the U.S., I highly recommend hiring a qualified trademark attorney to run a clearance search to ensure you will not be infringing....
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1 Answer | Asked in Copyright for California on
Q: I found a roll of negatives. I had photos printed. How can I market the negatives without breaking any copyright laws?

The subject in the photos is one of the most famous people in the world, taken during a historical event. No other photos of this event have ever been published.

I want to market the sale of the original negatives to prospective collectors.

I know who took the photos and that person is deceased.

James L. Arrasmith
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answered on Oct 22, 2024

To market your roll of negatives legally, first verify the copyright status of the photographs. Since the photographer is deceased, copyright typically lasts 70 years after their death in California. If this period has not yet passed, you’ll need permission from the current copyright holder to... View More

1 Answer | Asked in Copyright for California on
Q: Can I use the image of a celebrity or politician in the thumbnail of my YouTube video if I am reporting related news?
James L. Arrasmith
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answered on Oct 14, 2024

Using the image of a celebrity or politician in your YouTube thumbnail for reporting related news can be permissible under certain conditions. This typically falls under "fair use," which allows limited use of copyrighted material without permission for purposes like commentary,... View More

1 Answer | Asked in Copyright and Intellectual Property for California on
Q: I have a copyright certificate for my origami book, but a competitor sells a similar kit. How can I validate my rights?

I have a copyright certificate for my origami book, but I’ve noticed a competitor selling a kit that includes a book featuring patterns and text that are very similar to mine. This competitor has been very successful on Amazon, particularly during peak sales seasons, which raises my concerns... View More

James L. Arrasmith
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answered on Sep 18, 2024

To protect your rights, the first step is to compare the specific elements of your book that are copyrighted, such as the text, illustrations, and unique pattern descriptions, with the competitor’s kit. Copyright protects the expression of ideas, not the ideas themselves, so it's important... View More

1 Answer | Asked in Copyright, Entertainment / Sports and Intellectual Property for California on
Q: Is it legal to release music about a TV show using the name of the show and characters within it?

For example, could a musician release an original song called "Star Wars is Awesome" that talks about characters within Star Wars using lightsabers, etc. The music is completely original, doesn't use samples, and it doesn't talk poorly about the franchise or characters.

James L. Arrasmith
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answered on Sep 9, 2024

Creating music that directly references a TV show, its title, and its characters can potentially lead to legal issues. The show's name, characters, and other iconic elements are often protected by copyright and trademark laws. Even if your music is entirely original, using these elements... View More

1 Answer | Asked in Copyright and Trademark for California on
Q: Can I use "We the people" in an original design

it is going to go on a t shirt in the original font that was on the constitution. Also, the design is not trademarked or anything like it is not appearing

James L. Arrasmith
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answered on Aug 29, 2024

Yes, you can use "We the People" in your original design for a t-shirt. The phrase itself is in the public domain since it's from the U.S. Constitution, a government document that isn't subject to copyright protection. This means you can use the words freely without needing... View More

1 Answer | Asked in Copyright, Criminal Law and Identity Theft for California on
Q: Hello, Do you serve the Oakland CA area?
James L. Arrasmith
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answered on Aug 28, 2024

I understand your concern and the importance of finding the right legal help. Unfortunately, I do not serve the Oakland, CA area directly.

However, I recommend looking for local attorneys who can assist you with your specific legal needs in the Oakland area. It’s crucial to connect with...
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1 Answer | Asked in Copyright for California on
Q: Can I use classical music in my YouTube videos and still obtained monetization?

I am a ballet dancer and I would like to start posting videos of myself performing classical works to classical music like swan lake. The original composition is created by Tchaikovsky, but most renditions are either CC or Copywritten. I'm finding most answers to be mixed and I do not want to... View More

James L. Arrasmith
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answered on Aug 28, 2024

Using classical music in your YouTube videos can be tricky, even if the original composition is in the public domain. For example, while Tchaikovsky's "Swan Lake" itself is not under copyright, most modern recordings of it are protected by copyright. This means you need to be... View More

1 Answer | Asked in Copyright for California on
Q: Can I use a logo for my nft collection
James L. Arrasmith
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answered on Aug 18, 2024

Using a logo for your NFT collection can be tricky, especially if you don't own the rights to that logo. Copyright and trademark laws protect logos, and using one without permission could lead to legal issues. Even if you are making changes to the logo, it may still infringe on the original... View More

1 Answer | Asked in Contracts and Copyright for California on
Q: I'm looking to use online software to create/generate activity puzzles, journal pages etc for commercial use.

The tools require varying amounts of user input.

The site's terms, which govern the users use of all website pages and services say downloaded files can be commercially used to create book covers, print books, digital printables or eBooks and that the terms, disclaimers and legal... View More

James L. Arrasmith
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answered on Aug 15, 2024

When using the site, it's important to prioritize the terms, legal notices, and disclaimers, as they constitute the entire agreement between you and the company. Since the FAQ isn't part of this agreement, what the owner says in an email holds more weight, especially if they confirm full... View More

1 Answer | Asked in Copyright, Entertainment / Sports and Intellectual Property for California on
Q: What happens if you co-wrote a screenplay and intend to sell it, but your co-author goes insane (not a joke) and MIA?

I own a shared piece of intellectual property (screenplay) with a writing partner. My partner had a psychotic break, stopped taking his bi-polar medication, was briefly institutionalized, blocked all communication from me and hasn’t been seen by anyone in weeks. Is the script dead because he’s... View More

James L. Arrasmith
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answered on Aug 3, 2024

Navigating the situation with your co-author can be challenging, especially given their current circumstances. Since you co-wrote the screenplay, both of you generally have equal rights to the work, which complicates matters when one party is unresponsive. It's important to gather all... View More

1 Answer | Asked in Copyright for California on
Q: My grandmother wrote a book back on the 1960s.The book is not still being published and the publisher not in business

Can I as her granddaughter republish the book and does my family now have the rights to it.

James L. Arrasmith
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answered on Jul 28, 2024

You can look into republishing your grandmother's book, but there are a few steps you need to follow to ensure it's legal. First, determine if the book's copyright is still valid. Copyrights from the 1960s typically last 95 years from the date of publication if they were renewed... View More

2 Answers | Asked in Copyright, Trademark and Intellectual Property for California on
Q: Is it legal to design and sell my own Caitlin Clark t-shirts? Are there any trademark or copyright issues?
Bao Tran
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Bao Tran
answered on Jul 25, 2024

Based on the information provided, designing and selling your own Caitlin Clark t-shirts could potentially raise some legal issues related to trademarks and rights of publicity. Here are some key considerations:

Trademark Issues:

Caitlin Clark's name may be protected as a...
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1 Answer | Asked in Copyright and Intellectual Property for California on
Q: So of your using th color sceams of super heros for a podcast logo is that bad
James L. Arrasmith
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answered on Jul 18, 2024

Using the color schemes of superheroes for your podcast logo can potentially cause issues, depending on how closely it resembles the original characters. If the colors and design are distinctive enough to be associated directly with specific superheroes, it might infringe on copyright or trademark... View More

1 Answer | Asked in Copyright, Identity Theft, Intellectual Property and White Collar Crime for California on
Q: The copyright action is my win and the copyright forms proves they knew with intent the crimes they were committing

Case Number 23SMCVO4O18. proves the truth

James L. Arrasmith
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answered on Jun 22, 2024

I can offer some general information about copyright law and legal proceedings:

1. Copyright actions can be complex, and the outcome depends on many factors specific to each case.

2. Intent is often an important element in copyright infringement cases, particularly when determining...
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1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for California on
Q: Can I sue someone for stealing my app idea name color scheme even if it's not patented? How can I find out who copied it

I have the meetings I had with them recorded and have emails and the app proposal they sent me.

James L. Arrasmith
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answered on Jun 19, 2024

Based on the information provided, it sounds like you may have a potential case for intellectual property infringement, even without a patent. Here are a few key considerations:

1. Copyright: While ideas themselves are not protected by copyright, the specific expression of an idea (such as...
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1 Answer | Asked in Business Law, Copyright and Intellectual Property for California on
Q: Company owns the right for a Dodgers mural, is company allow to merchandise (t-shirt) the mural w Dodgers in it.

Company paid Artist for the mural. Contract states work is own by the company. Company wishes to merchandise the Mural image, (t shirts, postcards, keychain). The mural contains a Dodger player. Is the company allow to Merchandise, or company need license form MLB team.

James L. Arrasmith
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answered on Jun 19, 2024

Based on the information provided, there are a few key legal considerations:

1. Copyright ownership: If the contract clearly states that the company owns the rights to the mural, then the company likely holds the copyright to the artistic elements of the mural created by the artist....
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1 Answer | Asked in Copyright and Intellectual Property for California on
Q: If a song was written for a film, and that film lapsed into the public domain, is the song public domain now too?

For an example, there's a Warner Brothers cartoon from 1932 called "The Shanty Where Santy Claus Lives." Warner Brothers never renewed copyright on the cartoon, so now it is public domain. But could an artist perform a cover version of the title song from the cartoon without paying... View More

James L. Arrasmith
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answered on Jun 15, 2024

Even if a film has entered the public domain, this does not necessarily mean that all of the creative elements within the film, such as songs, are also in the public domain. Songs and musical compositions can be separately copyrighted from the film itself.

In the specific example you...
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1 Answer | Asked in Copyright and Intellectual Property for California on
Q: Can an individual appropriate PD films that are shown on TV or published on DVD without permission from the publisher?

In the 80's, prints of the public domain film, Night of the Living Dead, were only available in low resolution. Now, that same feature can be seen in high definition. I realize no one "owns" public domain material, but is there any protection against appropriation of published... View More

James L. Arrasmith
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answered on Jun 10, 2024

No, an individual cannot appropriate public domain films shown on TV or published on DVD without permission from the publisher, even if the underlying film itself is in the public domain. Here's why:

While it's true that no one owns the copyright to the original public domain work...
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