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California Copyright Questions & Answers
1 Answer | Asked in Copyright for California on
Q: I have a canvas thats 40" by 60" of a copyrighted photo. It is a un-official photo from what I can find.

It is a one of a kind reproduction of some sort that is not signed and never offered on a canvas. So it clearly is a private collectors item of a famous photo. I could care less about the photo (on a canvas) and want to just sell it off and be rid of it's huge size. I don't even know... View More

John Espinosa
John Espinosa
answered on May 30, 2018

It all depends on the circumstances of the sale in which you received the print. If it was from the photographer or a legitimate reseller, then you may be able to re-sell it. This is because of the first sale doctrine.

Typically, the first sale doctrine will come into play in these types...
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1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for California on
Q: I have questions regarding the jack g ohringer patents
Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on May 20, 2018

There are only two in the Google Patent system for that name but sometimes folks use a formal legal name when filing legal documents.

Here is a link to the two that show up as Jack

https://patents.google.com/?inventor=jack+g+ohringer&oq=jack+g+ohringer+

It is not clear...
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1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: If I apply for a cancelled trademark, what rights does that give me to the original concept to which it applied?

I'm looking at toys.

Jason Brooks
Jason Brooks
answered on May 14, 2018

None. A trademark is merely an indicator of source, and not an assumption of any underlying intellectual property. So to use Creepy Crawlers as an example, you'd have to demonstrate that you are using the goods in commerce in order to even be able to register the TM.

1 Answer | Asked in Copyright, Patents (Intellectual Property) and Trademark for California on
Q: How do I trademark my business and a phrase?
John Espinosa
John Espinosa
answered on May 12, 2018

Learn all about it: https://www.uspto.gov/trademarks-getting-started/trademark-basics

1 Answer | Asked in Copyright and Intellectual Property for California on
Q: A company has been selling my copyrighted and intellectual property without permission or a license for 10 years help

A verbal agreement took place between the gamelink representative and my company. I believe we have taken advantage of the fact our company closed and has sold our content knowing they were in violation of copyright laws and had no permission to do so.

Jason Brooks
Jason Brooks
answered on May 1, 2018

While verbal contracts are enforceable in California, they are difficult to prove unless you have evidence supporting the terms (i..e texts, emails, other writings showing specifically what you are now claiming as damages). With that said, Copyright infringement is presumed if you are the... View More

1 Answer | Asked in Copyright and Intellectual Property for California on
Q: If you design a tattoo for yourself, but have someone tattoo it on you, who has copyright to the art piece?

I've designed a tattoo piece for myself but since I obviously can't tattoo on my own body, how would the copyright work? Would it be considered for hire work since I've designed the work or would the tattoo artist be considered as copyright holder?

Benton R Patterson III
Benton R Patterson III
answered on Apr 30, 2018

If you create the design and reduce it to a perceptible image, such as drawing it on a piece of paper, then you would own the copyright.

1 Answer | Asked in Copyright and Business Law for California on
Q: Copying Content from a Website to Translate and Republish

Hello,

I would like to copy a website from the US and translate it into French. To do this legally I want to buy the right to the owner.

Do I have to write a contract for this? Or the fact that we exchanged emails, I paid the owner and he sent me the website are enough to protect... View More

Jason Brooks
Jason Brooks
answered on Apr 25, 2018

This should absolutely be written into a contract so the scope of use is clearly defined and to ensure there are no misunderstandings. I prepare these types of licenses all the time and can help if you need. Email me at: jason@altviewlawgroup.com

1 Answer | Asked in Copyright and Trademark for California on
Q: "ALL GOOD THINGS ARE WILD AND FREE" is a famous quote from a book in the public domain. How can this be trademarked?

I am an illustrator using this quote in my art; it is sold on prints, clothing, etc. A clothing company in Southern California has claimed to have trademarked this quote for their clothing business. I was under the impression that books in the public domain were fair game for everyone.

Jason Brooks
Jason Brooks
answered on Apr 12, 2018

Your question is too broad -- The answer depends on how you intend to use the quote. It's important to understand the basic premise that a trademark is "a word, name, symbol or device which is used in trade with goods or services to indicate the source of the goods or services and to... View More

1 Answer | Asked in Copyright and Trademark for California on
Q: if I have a shirt that I wanted to put a unique pocket on for a specific use, can that idea be copyrighted? Trademarked

for example the Women's Sports Bra with cell phone pocket. Was that item trademarked? Copyrighted? And no one else can design another product like it?

Jason Brooks
Jason Brooks
answered on Apr 3, 2018

In short, no. What you're talking about is a design patent, which is a limited duration property right relating to an the unique look of the clothing and not the clothing itself. If the apparel/product has truly unique functions to it, you could also patent those functions with a utility... View More

2 Answers | Asked in Copyright and Patents (Intellectual Property) for California on
Q: Is there a patent on the red rubber logo on the front? or can i make a speaker with a logo on a red rubber square?
Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Mar 26, 2018

A logo to identify the source of a product would typically be covered by a trademark rather than a patent. You marked this question as dealing with copyright and patent but you need to seek trademark advice.

There is a tiny chance that they sought a design patent that would be relevant....
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1 Answer | Asked in Trademark and Copyright for California on
Q: In California is it illegal to sell counterfeit handbags at a resale/consignment store?

I know it is illegal to sell counterfeit handbags but resale stores have them listed as "faux" and at a fraction of the price. My question is, is it illegal?

Benton R Patterson III
Benton R Patterson III
answered on Mar 27, 2018

Yes, it is illegal. Trademark infringement is not excused by disclosing that the goods are counterfeit.

2 Answers | Asked in Copyright and Intellectual Property for California on
Q: Is the case of film/synopsis/trailer copyrights infringement worth suing?

Hi. We've bought out the rights for a new exclusive story (screenplay) that has never been covered in the media before. There's one more party (producers) who wanted it, but did not buy the rights. So my company has acquired the rights legally - via agreement.

But today when we... View More

Louis George Fazzi
Louis George Fazzi
answered on Mar 12, 2018

The situation you describe certainly warrants a meeting with competent intellectual property attorney(s). You are in the right area to find some of the best IP lawyers in the country. I'm sure an initial meeting to determine whether the case is worth pursuing would be free.

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1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: What is risk of trademark infringement if I file DBA for AKME and a company with trademark exists for ACME?

There are trademarks by both large tech company in unrelated industry, and also a trademark by company in the same industry selling similar products.

Michael Gerity
Michael Gerity
answered on Mar 6, 2018

Short answer: yes. The rule for analyzing infringement is to first correct any spelling errors or unusual spellings before doing the analysis. So, for example, "shooze" would first be converted to "shoes," and "2legit" would be converted to "too legit."... View More

1 Answer | Asked in Copyright for California on
Q: Is it legal for people to sell car manuals (from the car mfg.) on ebay, no one ever answers this question

....because people need the info. And its hard to find....

Will Blackton
Will Blackton
answered on Mar 1, 2018

You haven't provided very many details regarding your situation: are you reproducing these car manuals? Are you interested in reselling physical copies you purchased from the car manufacturer?

Research the "first sale doctrine" which may provide some insight into your question.

1 Answer | Asked in Copyright and Intellectual Property for California on
Q: Can I copyright screenplay of my conceived story?

I hired a student in movie college to convert my concept , story into a screenplay . She did . I paid her $300 for her work as mutually agreed. However it seems she now wants to share ownership rights with me . She really believes it came from her (also) along with me. Conveniently forgetting I... View More

Will Blackton
Will Blackton
answered on Feb 26, 2018

Who owns the screenplay? It depends.

Is the student an employee or independent contractor?

Any copyrightable work created by an employee acting within the scope of his or her employment is a “work made for hire.” The parties do not need to address works made for hire in their...
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1 Answer | Asked in Copyright and Intellectual Property for California on
Q: I applied for a patent in 2009, but I do not think it was granted. Is it in force?
Peter D. Mlynek
Peter D. Mlynek
answered on Feb 23, 2018

You really need to talk to your attorneys about it, but it looks like it was abandoned in summer of 2012. It was never in force.

1 Answer | Asked in Consumer Law, Copyright and Internet Law for California on
Q: I'm compiling an ebook about the best photography locations in my area. Can I get sued for using public locations?

Can I use public locations in my ebook without permission? For example, state parks, building fronts, local parks, schools, etc. No people are shown in the photos I'm using from whom I haven't gotten permission, but I'm wondering if someone could sue me if they're an owner of... View More

Benton R Patterson III
Benton R Patterson III
answered on Feb 23, 2018

You are free to describe and take photos of public locations (state parts, local schools, etc.). Ownership of real property does not include the right to exclude others from taking photos of the property.

1 Answer | Asked in Copyright, Intellectual Property and Internet Law for California on
Q: Regarding fair use the the term "educational purposes". Are the profesional teachers only allowed to use this term?

Regarding fair use the the term "educational purposes" is included in the exemptions. Are teachers or schools only allowed to use this term? How about the regular website owners,users, or bloggers that are posting things that can be considered informational or educational? (Ex: website... View More

Benton R Patterson III
Benton R Patterson III
answered on Feb 20, 2018

Most likely it is not fair use to take someone else's image and use it in a blog, even if the purpose is to educate people. An attorney would need to evaluate the entire website to give a confident answer though.

1 Answer | Asked in Copyright, Intellectual Property and Internet Law for California on
Q: Does fair use eductional purposes only apply for teachers? Are bloggers or website owners allowed to use this reason?

Does fair use eductional purposes only apply for teachers? Are bloggers, website owners, or regular website users allowed to use this reason? For example, you are posting some informative content in your website with the image(the image is related to the context) which is copyrighted also posted.... View More

Andrew Zulieve
Andrew Zulieve
answered on Feb 16, 2018

The statutory fair use exception to a copyright owner's exclusive rights applies to all.

1 Answer | Asked in Copyright and Intellectual Property for California on
Q: Does posting a copyrighted image of certain health conditions in your health website for informative purposes a fair use

Does posting a copyrighted image of certain health conditions in your health website for informational reason considered fair use by educayional or infromative purposes? Thank you?

Andrew Zulieve
Andrew Zulieve
answered on Feb 16, 2018

Unlikely since you intend to reproduce the entire image. Discuss it with a copyright attorney.

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