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California Copyright Questions & Answers
Q: How to prevent a US copyright lawsuit after winning in Europe?

I have a copyright and patent related to an apnea device in both Europe and the US. I live in Spain and was previously sued in Europe for copyright infringement, where the opposing party demanded a percentage of my sales. We were able to prove that our device is not the same as theirs, and we won... View More

Alan Harrison
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answered on Mar 12, 2025

You might hope that the doctrine of res judicata would be helpful (https://jusmundi.com/en/document/publication/en-res-judicata). Sadly it is not necessarily recognized or applicable between different countries. Especially where you are dealing with explicitly national rights like patents and... View More

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1 Answer | Asked in Copyright and Libel & Slander for California on
Q: Can I use real names of famous deceased individuals in fiction for sale?

I am planning to write and sell a fictional work that uses the real names and likenesses of famous deceased people on Amazon, which distributes worldwide. Can I use these figures in my writing from my own perspective, and what should I be aware of concerning defamation, rights of publicity, or... View More

James L. Arrasmith
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answered on Feb 24, 2025

Using deceased famous figures in your fictional work is generally permitted, but comes with important legal considerations. While copyright doesn't protect names or historical facts, you should be aware that some jurisdictions have post-mortem rights of publicity laws that can extend for... View More

1 Answer | Asked in Copyright and Trademark for California on
Q: How to copyright clothing brand designs and name?

I am launching a clothing brand and I want to understand how to claim copyrights for my specific designs and the brand name. I'm interested in protecting both the brand name and the designs. What steps should I take to ensure this protection in the U.S.?

James L. Arrasmith
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answered on Feb 22, 2025

Starting a clothing brand requires careful attention to intellectual property protection. You'll need to handle trademarks and copyrights separately, as they protect different aspects of your brand.

For your brand name, you should first conduct a thorough search through the USPTO...
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1 Answer | Asked in Copyright and Intellectual Property for California on
Q: Crossover short with Bugs Bunny, Mickey Mouse & Bosko: Copyright questions

I am planning to create a crossover short featuring Bugs Bunny, Mickey Mouse, and Bosko once Bugs Bunny enters the public domain. I'm interested in understanding the legal considerations I need to be aware of. Specifically, when is Bugs Bunny expected to enter the public domain, and what... View More

James L. Arrasmith
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answered on Feb 18, 2025

The landscape of character copyrights is fascinating, particularly regarding your planned crossover. Bugs Bunny, who first appeared in "Wild Hare" (1940), is expected to enter the public domain in 2036 under current U.S. copyright law, which protects works for 95 years from their first... View More

1 Answer | Asked in Copyright for California on
Q: If I learn of information through a company that is public info would I be leaking NDA / non-competitor agreements?

I work at a company for games as a 3D animator and rigger (making something animatable) as a contractor from home.

The short of it is there are assets I made on my own time for myself and for friends, and through my work I learnt of a rigging course (completely unaffiliated with the studio)... View More

James L. Arrasmith
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answered on Feb 15, 2025

While I understand your concern about sharing rigging knowledge gained from a public course, California law strongly protects your right to use publicly available information. Since the rigging techniques you learned came from an unaffiliated course and not from proprietary company methods, you... View More

1 Answer | Asked in Copyright for California on
Q: My friend got an email from google saying they got a request to provide his personal information. Need advice

It was from Northern District of CA. it was due to him sharing a few youtube videos. He took down and informed the owner he wont do again. But he thinks he might need to quash it. He lives in Mexico but the owner of the video is in the USA

James L. Arrasmith
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answered on Feb 8, 2025

If your friend received an email from Google about a request for their personal information, they should take it seriously. The fact that it came from the Northern District of California suggests that it may be related to legal action. Even though they removed the videos and contacted the owner,... View More

1 Answer | Asked in Copyright, Education Law and Intellectual Property for California on
Q: Hello, I've created a course for writers that uses a novel as its primary text. Can I market the course under fair use?

The structure of the course is that students analyze craft by the novelist and then do writing prompts toward their own projects. They will be required to buy and read a copy of the published novel in order to participate. Is there any copyright issue here or can I market this course freely as an... View More

James L. Arrasmith
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answered on Jan 26, 2025

Using a novel as the primary text in your course can fall under fair use, but it depends on how you structure the course and the way the novel is used. Fair use in copyright law considers factors such as the purpose of use, the nature of the original work, the amount used, and the effect on the... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: Can I use a name brand figurine that I buy wholesale as part of a sensory kit I sell? I will not use the brand’s name.

I am developing a sensory kits for kids business and would like to include small animal figurines in the kit. There is a name brand that happens to make the exact size I’m looking for plus they’re great quality. I would like to include them in the kit but not use the brand name in marketing,... View More

James L. Arrasmith
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answered on Jan 18, 2025

Using trademarked items in a commercial product without permission carries significant legal risks, even if you don't mention the brand name. The original manufacturer could still identify their products in your kits and potentially pursue legal action for unauthorized commercial use of their... View More

1 Answer | Asked in Copyright and Entertainment / Sports for California on
Q: Can the words “Grand Theft” be used in the name of a business without any legal copyright/trademark risks?

Could the business also have a general car theme without any legal risks?

James L. Arrasmith
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answered on Jan 15, 2025

While "Grand Theft" isn't exclusively owned by any company, using those words together could raise concerns due to their strong association with the popular video game franchise "Grand Theft Auto." Take-Two Interactive owns trademarks related to this phrase in the gaming... View More

2 Answers | Asked in Business Law, Civil Litigation, Copyright, Criminal Law and Intellectual Property for California on
Q: Are the notes you write down in the notes app on iPhones considered public information? Let’s say a developer

for example- he wrote the code for a smart contract that lets you buy and sell and store energy in a decentralized environment that connects all Tesla vehicles then a couple weeks later the guy is watching YouTube and comes across a video that talks about how Elon musk has been secretly working on... View More

Pavel Kolmogorov
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answered on Jan 10, 2025

Notes stored in the Notes app on an iPhone are not considered public information. They are typically protected by the phone's passcode and the user's iCloud account security. The situation you described raises concerns about the potential misappropriation of intellectual property, but it... View More

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1 Answer | Asked in Copyright, Appeals / Appellate Law and Legal Malpractice for California on
Q: How would court justify denial of plaintiff's motion to set aside dismissal?

Errors of law and fact certainly inadvertent were: not properly documented and not filed with court agreement on intents, that made agreement impossible to enforce.

Details of case would be subject for discovery that mistakenly was not performed, because plaintiff was previously... View More

James L. Arrasmith
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answered on Jan 9, 2025

The court would likely justify denying your motion to set aside dismissal by emphasizing the voluntary nature of your initial dismissal and the informal, undocumented nature of the agreement with the doctor.

In California, courts generally hold that relief from voluntary dismissal requires...
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2 Answers | Asked in Contracts, Copyright, Business Law and Intellectual Property for California on
Q: If Hulu is using footage I own do they owe me compensation?
Pavel Kolmogorov
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answered on Jan 7, 2025

It depends on whether you truly own the copyright to the footage and whether Hulu has any authorization or defense for using it. Under federal law, the copyright owner generally holds exclusive rights to reproduce, distribute, and publicly display their work (17 U.S.C. § 106). If Hulu is using... View More

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1 Answer | Asked in Copyright, Real Estate Law, Constitutional Law and Intellectual Property for California on
Q: Can a random person legally film me with hidden cameras while shopping inside a retail store in the mall?

I was inside a retail store at the mall when a random person bumped into me, I thought it was an accident so I went about my business shopping with my girlfriend. Afterwards, this individual decided to yell comments at my girlfriend asking if she wanted a boyfriend, after I told him that I was the... View More

James L. Arrasmith
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answered on Jan 3, 2025

You have the right to be concerned about being recorded without your consent. California’s privacy laws primarily focus on audio recording and whether you had a reasonable expectation of privacy. A busy store may not guarantee complete privacy, but covert filming by a random person can pose legal... View More

1 Answer | Asked in Civil Litigation, Consumer Law, Copyright and Gaming for California on
Q: is it legal to buy a game console with built-in games on it. Is that infringement or violating copyright laws

I just wanted to know if I BOUGHT A PRELOADED GAME CONSOLE AND THE WEBSITE SAYS THE GAME CONSOLE HAS PRE LOADED GAMES ON THEM. I WANT TO MAKE SURE THE GAMES ARENT INFRINGEMENT OF COPYRIGHT AND INTELLECTUAL PROPERTY LAWS. IF THEY R ILLEGAL GAMES BEING SOLD ON A CONSOLE. I BOUGHT IT BUT WHO WOULD BE... View More

James L. Arrasmith
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answered on Dec 22, 2024

Buying preloaded game consoles can be legally risky if the games weren't properly licensed. Many websites sell consoles with unauthorized copies of games, which violates copyright laws and intellectual property rights of the original game developers and publishers.

While the seller...
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1 Answer | Asked in Copyright for California on
Q: Can I use a quote from the film, Thelma and Louise in my song?

My band and I want to use a dialogue clip from the movie but we aren’t sure if it is copyrighted or not. We just need clarification on if it is and how we require a license to use the clip.

James L. Arrasmith
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answered on Dec 15, 2024

Yes, dialogue from the film "Thelma & Louise" is protected by copyright, and you would need permission to use it in your song. MGM owns the rights to the film, including all of its dialogue and audio components.

To legally use the clip, you'll need to obtain a...
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1 Answer | Asked in Identity Theft, Copyright, Gaming and Intellectual Property for California on
Q: Do I have a case for Unjust Enrichment, Idea Theft, Misappropriation, etc?

- I created a blueprint for a massive new game mode for a videogame

- The blueprint was hosted on my self-created website + a 3rd party platform. Some 3rd party elements were "embedded" in my site.

- The 3rd party platform had browsewrap TOS that said "author owns... View More

James L. Arrasmith
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answered on Dec 11, 2024

You're dealing with a complex intellectual property situation that intersects with contract law and technology. Based on the timeline and details you've shared, pursuing legal action could be challenging due to California's statute of limitations, which typically requires claims to... View More

1 Answer | Asked in Copyright for California on
Q: Are there any cons for partially owning master recording rights?

I recently signed a music publishing deal and the artist who will sing my song, who also owns his own label, told me that I can partially own the masters even though I am just a songwriter and I do not monetize the recording production or promotion.

James L. Arrasmith
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answered on Nov 26, 2024

While owning master recording rights can be valuable, there are several potential drawbacks to consider when accepting partial ownership of masters as a songwriter.

The main challenge is that you'll share responsibility for recording costs, marketing expenses, and any legal issues...
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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

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