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California Copyright Questions & Answers
1 Answer | Asked in Copyright for California on
Q: Can a book published in the 1850s in England (copyright expired in 1900s) be copyrighted by a US publisher in 1970s?
Robert P. Cogan
Robert P. Cogan
answered on Feb 22, 2021

New material is subject to copyright protection. A new book including the old book plus a new introduction may be published and the new introduction may be subject to copyright protection. The old book will not be subject to copyright protection. Depending on what you want to copy, what you want to... View More

1 Answer | Asked in Business Law, Copyright, Identity Theft and Intellectual Property for California on
Q: INTELLECTUAL PROPERTY Can we make arguments for laws around transmission of signals being focus by trajectory on human

C

If processing of signals constantly being held consistent of my attention and/or just comprehension of just auditory vibration of non audio frequency in turn creates a usable feature for in chip processing products and telecommunications. So communication by exchanging of similarities... View More

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 17, 2021

Exactly what are you trying to accomplish? Your question is not clear.

3 Answers | Asked in Copyright for California on
Q: Is the posting of a person's mugshot on Google the same as slander ?
William John Light
William John Light
answered on Feb 1, 2021

Slander is the false statement of fact that damages someone's reputation. Publishing a mug shot doesn't sound like a false statement. Publishing mug shots of a minor can be illegal. Charging people to remove mug shots can be illegal in California.... View More

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1 Answer | Asked in Contracts and Copyright for California on
Q: Can the copyright owner/producer fire the director/writer/producer and post-produce and release his version of the film?

A and B signed an agreement with regard to A and B collaboration on that certain short Film based on the screenplay written by B. A paid B a flat fee for writing services. A and B produced the Film.

All rights and copyright (and any renewals, extensions and continuations thereof),... View More

Maurice Mandel II
Maurice Mandel II
answered on Feb 6, 2021

Read the contract.

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1 Answer | Asked in Consumer Law, Copyright, Business Formation and Trademark for California on
Q: What are the limits of using 'Established by ' in company logo? Does it have to mean when the business was established?

I'd like to create a business logo that has 'Est. 2000', but that's not when the business was created; rather, it's when my child was born. Is that false advertising?

Maurice Mandel II
Maurice Mandel II
answered on Jan 26, 2021

A good guideline would be: if you think it is false advertising, it probably is not a good idea. It would be false advertising to say you were in business for 21 years if you were not. Probably not a big deal if you were in business for 19 years, but if it was only 2, it could become an issue.... View More

3 Answers | Asked in Copyright, Patents (Intellectual Property) and Trademark for California on
Q: If I start a devotional blogger aimed at upholding Jedi conduct for better habits, do I need to ask Disney's permission?

This would be on the google Blogger server and would eventually carry a chain of willing authors as well as a great many Starwars links in support of the franchise.

Robert P. Cogan
Robert P. Cogan
answered on Jan 25, 2021

The question raises copyright and trademark questions. In all likelihood Disney would not care if you supported the franchise. The facts do not indicate how you would make references to Disney properties or possibly use them. There may be ways to do it right. There are very many ways to do it... View More

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1 Answer | Asked in Copyright for California on
Q: Is blurring a watermark on a video clip a direction violation of copyright law or is it legal?

We own a list channel on YouTube, we make videos such as “7 Biggest Houses in the World” everything is under fair use (we have a voiceover over the clips and we use minimal footage as possible) and sometimes there are watermarks on video clips, are we allowed to blur the watermarks on the clip?... View More

Bernard Samuel Klosowski
Bernard Samuel Klosowski
answered on Jan 17, 2021

The questions are very fact specific, so an IP attorney should be consulted for legal advice.

Generally speaking, it's not uncommon to confuse or conflate copyright "Fair Use" and trademark "Fair Use" and to misunderstand the role and limits of "Fair...
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2 Answers | Asked in Copyright and Trademark for California on
Q: I am planning to start self-publishing books under a pen name. What legal steps do I need to take in order to this?

I'm a little confused about the process. I'm forming a LLC, but beyond that, do I need to create a DBA in the pen name? Do I need to trademark it? Do I need register for a copyright?

Marcos Garciaacosta
Marcos Garciaacosta
answered on Jan 11, 2021

You should definitely sit down with an attorney and understand all the issues associated with it.

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1 Answer | Asked in Contracts, Copyright, Criminal Law and Legal Malpractice for California on
Q: I'm not sober under the influence to my attorney. Is it illegal can I suspend their bar? What is it called by law code.

I'm not sober drunk and high on drugs. They're all seeking advantage of me doing white collar crime fraud scheme. What is it called by code of law?Can I suspend their licence bar?

Rhonda Mae Hixon
Rhonda Mae Hixon
answered on Jan 1, 2021

A lawyer involved in a 'white collar crime fraud scheme' would surely face the loss of their license with the state bar, not-to-mention criminal prosecution. You can file a complaint at The California State Bar website- calbar.ca.gov or call (800) 843-9053. It might be wise to consult... View More

2 Answers | Asked in Contracts, Copyright and Entertainment / Sports for California on
Q: How much ownership of music do I have when a producer does a different version of the music I originally created?

I wrote a song and did the music arrangement in Logic Pro X using many royalty free loops to create my song. If I work with a producer who does his own interpretation of my original song via new music production how much ownership do I have regarding the music content?

I copyrighted my... View More

Robert P. Cogan
Robert P. Cogan
answered on Dec 23, 2020

"Influenced by your original song" may or may not be a derivative work. His audio needs to be compared to your work.

A split sheet is useful. You might want to use a collaboration agreement along with the split sheet.

Please also see my answer on Avvo.

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1 Answer | Asked in Copyright for California on
Q: Can i use the deathly hallows symbol charm on keychains?
Marcos Garciaacosta
Marcos Garciaacosta
answered on Dec 23, 2020

I would not.

Too close to infringing unless you are selling licensed products.

1 Answer | Asked in Copyright for California on
Q: I have a jurisdiction question. I am a German resident (U.S. citizen) but had a PO Box in California.

I am facing a lawsuit over a copyright issue. A California attorney is threatening to take me to court over using a copyrighted creative commons image on my website. I have since closed that PO Box and have no physical ties in the U.S. Since I am not a resident of the U.S. can they serve me here?... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Dec 13, 2020

There are many ways for serving somebody in a lawsuit including service by mail, via a consulate, by publication and more.

So technically they can serve you.

And if you do not respond you can be found responsible by default.

They could ask a German court to enforce the...
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1 Answer | Asked in Copyright for California on
Q: Can I copy 4 words/lyrics from a well known copyrighted song? I want to use them as my music album title. Thanks!
Marcos Garciaacosta
Marcos Garciaacosta
answered on Dec 10, 2020

Depends on how unique those words are and if they are closely identified with the song.

If they are indeed unique, are not generic and can be easily identified, then you would very likely be infringing their rights.

You should consult with an attorney to make sure you understand...
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1 Answer | Asked in Copyright for California on
Q: What legal steps do I take when someone offers 50% partnership for investing in their new product and they don't deliver

I invested a year ago into some software someone developed. I was told my name would be on the registration of the product. That I would be receiving checks from the proceeds. I feel like I've been duped. I call them on it and I get empty promises. For a year now.

Marcos Garciaacosta
Marcos Garciaacosta
answered on Dec 3, 2020

Depending on how you entered into the agreement you may have a basis for a lawsuit.

It may be more expensive to fight than what you invested, so balance your options.

If it was presented as an investment, it may violate state and federal regulations so you can report him and have...
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1 Answer | Asked in Copyright and Intellectual Property for California on
Q: Copyright question: Someone is using my sample artwork of a job he never paid me to finish for an album cover.

I'm a visual artist and someone had asked me to recreate one of my images with them photoshopped into it. It was for an album cover and I was happy to help another artist out- I told him I would do it for $25, to which he agreed and asked if I could do it that day. I started working right... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Dec 3, 2020

Send a letter. You could sue in small claims for the payment.

Anything bigger than that would be more expensive than the benefit.

Best luck!

2 Answers | Asked in Copyright and Patents (Intellectual Property) for California on
Q: Does this language dissalow the usage of a two layer collapsible elastopolyer design in hexagon fashion?

"The pillow cushion has a first major surface, a second major surface, and deformable wall members extending between the first major surface and the second major surface. The deformable wall members are located and configured to define voids therebetween such that the deformable wall members... View More

Kevin E. Flynn
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Kevin E. Flynn
answered on Dec 2, 2020

I see that what you quoted has more than one period. It looks like you are quoting the abstract. That is not what you need to look at. You need to have a patent attorney review the issued claims and see what they require.

A claim may have 25 nouns and 25 verbs but by law has only one...
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1 Answer | Asked in Copyright for California on
Q: Depositions in California

I am a pro se litigant in California w/ a federal case in the Superior Court. I am ready to do depositions. Do I absolutely need a court reporter or per Federal Rule 30 can I record via audiovisual or audio and have a notary public administer the oath? Thank you.

Maurice Mandel II
Maurice Mandel II
answered on Dec 4, 2020

As a pro se litigant you are held to the same standards as an attorney. You need an attorney because you obviously don't understand Civil Procedure. You are NOT in a "federal case in the Superior Court." because the Superior Court is a state court not a Federal Court. If you want... View More

2 Answers | Asked in Copyright and Intellectual Property for California on
Q: Can I patent and idea or concept of a device me and my team created?
Liliana Di Nola-Baron
Liliana Di Nola-Baron
answered on Nov 17, 2020

While ideas are not patentable per se, a device may be patentable if it is fully described in the patent application, it has utility, and it is new and non- obvious over similar devices that exist in the prior art.

Please give me a call if you wish to discuss.

Liliana Di...
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1 Answer | Asked in Bankruptcy, Consumer Law, Contracts and Copyright for California on
Q: Im with my best friend jesus
Maurice Mandel II
Maurice Mandel II
answered on Nov 14, 2020

Hallelujah! And Amen.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Consumer Law, Real Estate Law and Copyright for California on
Q: Termination notice for Month to month lease, after a year of leasing house.

Background: We live in Santa Clara county, California. We have rented a house from a private owner.

This house was initially on a yearly lease and then moved to the month to month lease.

We have following clause in the agreement.

TERMINATION: After expiration of the leasing... View More

Maurice Mandel II
Maurice Mandel II
answered on Nov 13, 2020

The law says 30, your agreement says 60, it sounds like you agreed to 60. Suggest you discuss with the LL. Point out that he has to pay you a month's rent as moving allowance, or forego the last month rent. Negotiate.

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