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California Copyright Questions & Answers
1 Answer | Asked in Bankruptcy, Copyright, Criminal Law and Business Law for California on
Q: what is the right to subrogation in court
Dale S. Gribow
Dale S. Gribow
answered on Feb 9, 2018

when you are rear ended and another parties ins co pays they have a right to get the money or some of the money back (ie subrogate) from another entity

1 Answer | Asked in Copyright for California on
Q: i m been sued and dont know what to do

FOR SETTLEMENT PURPOSES ONLY NOT TO BE USED IN LITIGATION OR FOR ANY OTHER PURPOSE

Good afternoon,

Please be advised that this firm has been retained by Joe Hand Promotions, Inc., the lawful owner of the copyright and the commercial distribution rights and public performance for the... View More

Robert P. Cogan
Robert P. Cogan
answered on Jan 9, 2018

The question does not include the whole letter. Therefore, it is impossible to assess the situation. However, it appears that you might not have been sued yet. "What to do" is call an intellectual property lawyer who can seek to solve the problem. In many other cases, people unfamiliar... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: Can words like ''blaster'', ''starship'' or ''warp drive'' be trademarked or are already generic terms?
Benton R Patterson III
Benton R Patterson III
answered on Dec 26, 2017

These words could be registered as trademarks, but not for what each literally describes.

1 Answer | Asked in Contracts and Copyright for California on
Q: How to phrase my NDA so the duration of it, five years, begins at the conclusion of business/communication not the start

I am giving an engineer proprietary information and want my NDA to begin once our relationship ends. So if we work together for three years, the five year period starts at the end of our three years. If we work together for a month, it starts after that month. Etc.

Robert P. Cogan
Robert P. Cogan
answered on Dec 8, 2017

Your objective is understood. It can be achieved. However, it looks like you want to give up confidentiality on all information generated during the relationship. Perhaps you may wish to consult counsel as to whether any other unintended consequences could result from the arrangement you... View More

1 Answer | Asked in Copyright and Criminal Law for California on
Q: Hello, I have a legal question. Thank You

Hello,

I found a product online through AliBaba, which is one of the biggest companies in the world. If I purchase the product & the product ends up being counterfeit, can I get into trouble?

The seller states the item is authentic, the seller has good reviews, and I'm... View More

Dale S. Gribow
Dale S. Gribow
answered on Nov 17, 2017

keep all your documentation with the seller who claims it is legit.

that is a substantial savings but most things are marked up double anyway and they may be trying to unload things at their cost.

save this inquiry and documentation from the seller in case there is an issue.

1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: What does this mean in regards to a trademark: Status - Abandoned-Failure To Respond Or Late Response

Can people trademark phrases? If so, does this mean no one else but them are allowed to use these phrases to print items on such as shirts, etc?

Michael Gerity
Michael Gerity
answered on Nov 16, 2017

IF you are talking about a federal registration with the USPTO, then an indication of abandonment for failure to respond usually means that an office action was issued and not responded to during the time for response. An office action is correspondence from the PTO raising a problem of some sort... View More

1 Answer | Asked in Copyright, Entertainment / Sports, Internet Law and Trademark for California on
Q: I'm considering developing an app that will use pictures and voice clips of celebrities. Am I in danger of being sued?

I'll be using photos and audio clips from the internet. I don't want to go through the hassle of trying to get permission if I don't have to but I don't want to get sued. The app will be free and make money from ad revenue. I'm worried that using someones likeness makes... View More

Robert P. Cogan
Robert P. Cogan
answered on Nov 16, 2017

If you choose the correct celebrity you can expect to be sued. California gives celebrities a "right of privacy." The law generally does not allow violation of rights just because the violator not want the "hassle" of obeying the rules.

1 Answer | Asked in Copyright and Intellectual Property for California on
Q: Can I use a copyright statement of a certain book and change only the information about the writer and the book?

I mean to adjust the copyright statement to my book?

There is a copyright law on legal documents?

There is a problem with doing so?

Andrew Zulieve
Andrew Zulieve
answered on Nov 13, 2017

You cannot make any unauthorized substantially similar or identical reproduction of a written work protected by copyright. This general prohibition is subject to certain statutory limitations, including, the so-called "fair use doctrine." The nature and purpose of your use of that... View More

1 Answer | Asked in Copyright for California on
Q: Can I use a copyright statement of other book and change only the information about the writer and the book?

Adjust the statement to my book?

There is a problem with doing so?

There is a copyright law on legal documents?

Louis George Fazzi
Louis George Fazzi
answered on Nov 11, 2017

You have not provided sufficient information which would permit an intelligent response.

1 Answer | Asked in Copyright and Trademark for California on
Q: Hi

I need to re-instate my brand. I have kept my web site up all the time and I have been doing business under my name and sold under my name : ethnic Revolution.

How could you help me re-instate?

Joe

Karima Gulick
Karima Gulick
answered on Nov 6, 2017

Hi Joe,

It looks like your mark was cancelled because you failed to file a Declaration under section 8 in a timely manner. If you miss the filing dates and the mark is cancelled, the only way to reclaim federal trademark rights is to file a new application for registration....
View More

1 Answer | Asked in Copyright and Intellectual Property for California on
Q: Clothing company using art without permission of artists who do not have means to hire counsel. Any suggestions?

Company claims over 1 billion dollars in sales last year. Many artists have had their work taken from the internet and used without permission or compensation. Upon being informed, many are opting not to pursue it because they are small artists or even students without means to hire counsel.... View More

Robert P. Cogan
Robert P. Cogan
answered on Oct 20, 2017

Many cases like this are not feasible. However, with more information, potential approaches could be evaluated. Many California attorneys, myself included, give free initial consultations.

1 Answer | Asked in Copyright and Trademark for California on
Q: Fat Albert is Trademarked for the image in use with clothing. Can I sell Health products using the name without issue?
Yan Zong
Yan Zong
answered on Oct 17, 2017

Well you may not have issue of likelihood of confusion. But you may have issue that the mark is not a registerable term for the goods.

1 Answer | Asked in Copyright for California on
Q: can I legally create an app to easily allow users to browse, search, and consume free online videos like from youtube?

Can I charge users a monthly fee for using the app?

Karima Gulick
Karima Gulick
answered on Oct 9, 2017

You probably can't charge users a monthly fee for using the app without the permission of the authors of the videos.

In general, you can either use the work under fair use or after requesting auhtorization from the authors. Given that you intend to make profit from the users, fair...
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1 Answer | Asked in Copyright, Civil Rights and Internet Law for California on
Q: Hello I would like to know what steps i can take , to get my 5 yr old childs picture off instagram .

I asked the woman to delete it or i would take legal action since she did not have permission from either parent. shes my daughters fathers ex girlfriend and they have no contact for almost a year now and i dont feel comfortable . what steps can i take legally?since my child is a minor.

Louis George Fazzi
Louis George Fazzi
answered on Nov 6, 2017

You need to ask this question of a New York lawyer, since you are in New York. Most California admitted attorneys are not licensed to practice law in New York and it would be improper of us to offer you legal advice in a location where we are not licensed to practice.

1 Answer | Asked in Copyright for California on
Q: can I use images of new york city before 1923?
Robert P. Cogan
Robert P. Cogan
answered on Sep 25, 2017

If you mean images published before 1923, most likely you may. However, the question does not show what you have or whether there are additional facts that may have seemed unimportant to you.

If you mean images of the things that existed before 1923, that is a different question and...
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1 Answer | Asked in Copyright and Trademark for California on
Q: Is it illegal to reference celebrity names/pictures/information in a mobile app

For example, developing an application which references workout routines celebrities use to get in shape, as given by certain celeb magazines.

Karima Gulick
Karima Gulick
answered on Oct 10, 2017

U.S. Copyright laws state that only the work’s “author” has the right to reproduce, distribute or make “derivative works” of the work. However, there are certain exceptions. Some of these exceptions are known as “fair use" which include parody and news reporting.

More...
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1 Answer | Asked in Copyright, Gaming and Employment Law for California on
Q: Can my former employer force me to remove images of a video game I've worked on from my online portfolio?

I am a graphic designer in video games.

My former employer is asking me to remove images of a game I have worked on from my online portfolio. These images are taken from the published game (no confidential material).

Can I safely decline to edit my portfolio?

Robert P. Cogan
Robert P. Cogan
answered on Sep 12, 2017

To the extent that the question lays out facts, it appears that you created the images as part of your employment. There is a good chance that the employer owns the copyright in the images. You may wish to ask the employer if you can use the images along with an acknowledgement of the... View More

2 Answers | Asked in Copyright and Intellectual Property for California on
Q: How do I protect intellectual property from outside advisors

I decided I want to build software that teaches you how to play drums, and will hire different drum teachers to find best way to create a curriculum. (Primarily for myself, but may make available to public). To avoid one of those teachers stating I stole ideas and they may be entitled to software... View More

Robert P. Cogan
Robert P. Cogan
answered on Sep 11, 2017

There are many legal issues: copyright, trade secrets, right of publicity, and contracts for openers. One very good tool is a consulting services agreement with each drum teacher. This will do a great deal to assure that you and the drum teacher both understand what rights you will and will not... View More

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1 Answer | Asked in Copyright for California on
Q: Is it legal to use a copyrighted brand for my own profit if i only change the text in it?

Say i copy the Samsung brand and i just alter the text in it to e.g. Microphone, while using the same font, can i then use it in order to sell phones or other products for my own profit without it being considered copyright infringement on the brand?

Robert P. Cogan
Robert P. Cogan
answered on Sep 10, 2017

Just about the only reason it would not be considered copyright infringement is because it would appear to be trademark infringement. If there is a likelihood that you would create confusion as to the source of the goods, there is a likelihood that Samsung would be quite unhappy. It would not be... View More

3 Answers | Asked in Copyright for California on
Q: If you were to commission (pay) an artist to draw an imaginary character you made, who would hold the rights to it?

My extended question is since you paid the artist to draw your imaginary character you made, would it then be legal to remove the artists' logo if they added it? Also would it make a difference if you paid them to draw a character they made up rather than the one you made up? Thanks!

Will Blackton
Will Blackton
answered on Sep 6, 2017

**If you were to commission (pay) an artist to draw an imaginary character you made, who would hold the rights to it?

I assume the artist is not your employee in responding to this question. Absent an express written "work for hire" agreement, the artist would retain their...
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