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California Copyright Questions & Answers
2 Answers | Asked in Contracts, Copyright, Business Law and Intellectual Property for California on
Q: I'm looking to start an online t shirt company and need pay someone a one time fee to make a design for the shirt.

I would like to be given ownership of the designs and would take complete control and profit from it. what contacts will i need to have signed or made? is this even possible?

Will Blackton
Will Blackton
answered on Aug 28, 2017

Yes, this is possible.

From your description, it sounds like you want a work-for-hire contract for a graphic designer or photographer. An attorney specializing in intellectual property or copyright law will be able to assist you. Use the Find a Lawyer function on Justia or contact your...
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3 Answers | Asked in Copyright, Intellectual Property and Trademark for California on
Q: What is the best online service to use to trademark my company logo, slogan/process Is it risky for me to do it myself?
Robert P. Cogan
Robert P. Cogan
answered on Aug 21, 2017

I do not know if there is a best online service. It depends on your objective. If you want "cheap", you will find it. If you go to an attorney, you can get advice on strategy for best protecting your market An attorney can help make a selection for protecting combined word and design... View More

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2 Answers | Asked in Consumer Law, Copyright and Patents (Intellectual Property) for California on
Q: Hello. Is the use of magnets, to close shirts together, something I can produce, even though it's been done before?

I see several companies out there doing the same, or similar, basic idea use of magnets to close shirts together. I see Magna Ready says they've patented the use of magnets. But it seems unrealistic, given that it's a utilitarian use for all, that would mean no one else is allowed to use... View More

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

Patents are awarded for new, useful and non-obvious inventions. At the end of the patent, there are run-on sentences called claims. The attorney and the patent examiner work out an understanding of how many distinctions must be recited in the claims in order to merit award of a patent. To determine... View More

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1 Answer | Asked in Copyright and Trademark for California on
Q: I want to print and sell t-shirts with just a simple 8 number print, trademarkable?

If possible, my concern is for the last 3 digits. I want them to be interchangeable, but can't obviously buy all variations any 3 digits/numbers. Could I trademark the first 5, which will be consistent, not changing, and secure the ever-changing last 3 with one trademark? The reason I ask... View More

Robert P. Cogan
Robert P. Cogan
answered on Aug 19, 2017

A trademark functions to identify the source of the goods. It is a brand name. A design of a t-shirt might not be a band name. The Trademark Manual of Examining Procedure states, "Subject matter that is merely a decorative feature does not identify and distinguish the applicant’s goods and,... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: How do I file a trademark for a phrase? Is there a cheaper temporary alternative before I do the big trademark?
Andrew Zulieve
Andrew Zulieve
answered on Aug 19, 2017

In the U.S., one acquires the underlying right to a particular trademark by actually using it in commerce on or in connection with the goods or services being sold under that mark. Neither federal nor state registration creates that senior right. So, assuming that you have had an experienced... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: How do I research a phrase for trademark? How can I trademark a phrase?
Robert P. Cogan
Robert P. Cogan
answered on Aug 18, 2017

Trademarks are symbols or text that uniquely associated with the source of the goods or services. This is generally referred to as a brand name. If it is just a clever saying, it is not a trademark. A phrase can be a trademark, e.g., "I can't believe it's not butter," because it... View More

2 Answers | Asked in Copyright, Civil Rights, Constitutional Law and Intellectual Property for California on
Q: Can a photographer be sued for doing non sexual photoshoot of minor without parental consent inside the minor's home?

Did a non sexual, harmless fashion photoshoot of a minor inside their house without parental consent. Now they are threatening to file lawsuit. Should I be worried?

Robert P. Cogan
Robert P. Cogan
answered on Aug 15, 2017

Are you sure this is a copyright question? What are they threatening to sue you for? What were doing inside their house with a minor without their consent? All of the facts must be spelled out in detail. How do you know it was harmless? That may not be for you to decide. You could potentially have... View More

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1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for California on
Q: Hello. I would like to ask if the japanese red bean cake's shape(somewhat thin cylinder) is patented? Thank you.

The cake has a little bit of similarities with pancakes or waffles. It can be seen on youtube. I think there are patented red bean cake makers/machines out there. I would also like to ask if can I make my own red bean cake maker/machine that makes the same shape of a regular red bean cake(thin... View More

Robert P. Cogan
Robert P. Cogan
answered on Aug 9, 2017

If you are doing this as a hobby, there is a possibility that this might not matter. If you are going to invest money in a new business, it is likely that consulting an attorney would be a good idea. The few facts given in the question seem to indicate that there may be issues involved in addition... View More

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for California on
Q: Are red bean cakes shape and its regular cooking tool patented? They can be seen on youtube. Thank you.

Its shape is somwhat circular and a little cylindrical. Is it ok or legal to start a business like that product?

Peter D. Mlynek
Peter D. Mlynek
answered on Aug 8, 2017

With regards to the "red bean cakes shape", I don't know, but I doubt that someone can receive a strong patent for it. Bean shapes (say r = sin^3(a) + cos^3(a)) have been around for a long time. Moreover, even if someone would be successful in getting such a patent, it would be... View More

1 Answer | Asked in Copyright and Entertainment / Sports for California on
Q: For a copyright lawyer: Which liscenses do I have to get when posting music covers on Youtube?

Looking for some advice from a copyright lawyer that I can potentially stake my life on.

I know for covers in general, licenses discussed are usually mechanical, sync, and I've seen mentions of Master Use licenses.

For posting a cover purely on Youtube, without monetization,... View More

Robert P. Cogan
Robert P. Cogan
answered on Aug 7, 2017

"Looking for some advice from a copyright lawyer that I can potentially stake my life on." Did you want this for free? Did you want an answer that was short enough to fit in this box? Did you want the attorney to answer this without getting further information? It is possible that your... View More

1 Answer | Asked in Copyright for California on
Q: Would I infringe copyright if I used the shape of an Iron man helmet for a totally custom one for public appeareances?

What I mean is, If I made a totally custom helmet, BUT with the shape of an iron man helmet, would that infringe copyright?

Robert P. Cogan
Robert P. Cogan
answered on Aug 7, 2017

The question seems to include a contradiction. If a helmet is designed to simulate another helmet, it is not totally custom. One element that may be considered in a copyright infringement analysis is whether the new work contains elements of originality of the first work. If someone wants to take... View More

2 Answers | Asked in Consumer Law, Contracts, Copyright and Employment Law for California on
Q: Hello, my question is based on software developers, and application ownership and protection of application's the idea.

Hello, my question is basically based on software developers, and I was wondering if you could help me know a few things I would really have to know.So the thing is, I want to hire a software developer to build a mobile application for me and I am really worried about the payment process in that,... View More

William John Light
William John Light
answered on Aug 5, 2017

Your questions and concerns are not the type that get answered for free on the internet. You need to retain a busines/IP attorney to advise you.

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3 Answers | Asked in Copyright for California on
Q: Is the image under fair use if the person is posting it in his website for educational purposes? Ex: profitable plants.

Is educational purpose the same with informative purpose and is it still under fair use if it is at the same time for profit?

Ali Shahrestani,
Ali Shahrestani,
answered on Aug 4, 2017

See: http://fairuse.stanford.edu/overview/fair-use/cases/

That might be fair use. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards,...
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2 Answers | Asked in Copyright and Intellectual Property for California on
Q: If you design a garment based on a picture but you drafted the pattern with subtle changes. Is it infringing?

I designed a garment based on a picture at the time the picture appeared to be from the 1930's however. It was been brought to my attention it's a more current print circa 2013. The garment I made and the pattern were drafted by me, yes it is Inspired but it cannot be virtually the... View More

Robert P. Cogan
Robert P. Cogan
answered on Jul 27, 2017

Of course, more specific facts are required to answer the question. Here are some considerations.

A work that is "inspired" by another work may be a "derivative work." In the right fact situation, a derivative work can infringe a copyright. The derivative work need not...
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2 Answers | Asked in Contracts, Copyright, Intellectual Property and Trademark for California on
Q: Can I show screenshots of mobile apps I'm creating for a company I currently work for on LinkedIn?
Ali Shahrestani,
Ali Shahrestani,
answered on Jul 25, 2017

You might be violating IP laws, NDAs, and employment contracts, if you do. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors,... View More

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2 Answers | Asked in Consumer Law, Copyright and Business Formation for California on
Q: So could I make a clothing name called illuminati?
Robert P. Cogan
Robert P. Cogan
answered on Jul 24, 2017

Physically, you could. However, you want to find out if anybody else has the legal right to stop you from using the name or even try to get money from you.

This generally requires performance of a trademark search. It is best to consult an attorney because many different criteria must be...
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2 Answers | Asked in Copyright, Intellectual Property and Internet Law for California on
Q: I'd like to post famous pop songs that specifically correlate with my art on my website.Do I need permission to do this?

My paintings are named after popular songs. Each painting correlates to a specific song. I'd like to post youtube videos, or recordings of these songs on my website along side my paintings. Will I encounter any legal issues by doing this?

Ali Shahrestani,
Ali Shahrestani,
answered on Jul 25, 2017

That sounds like clear IP violation. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/... View More

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2 Answers | Asked in Copyright and Business Formation for California on
Q: Am i violating copyrights if i sell items with "movie dialogues"/movie character's sketches printed on them?
Robert P. Cogan
Robert P. Cogan
answered on Jul 24, 2017

Maybe. This is not a yes-no question. It is essential to know exactly what you are doing. You do not have to copy an entire script to infringe a copyright. Sometimes copying just a few lines is enough. Many people try to say that their copying is "fair use." Very often it is not. Who... View More

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1 Answer | Asked in Copyright and Trademark for California on
Q: Would I need permissions to design/sell alternate book covers for established books, using their title and author name?
Ali Shahrestani,
Ali Shahrestani,
answered on Jul 25, 2017

That sounds like IP infringement. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/... View More

1 Answer | Asked in Elder Law, Copyright and Immigration Law for California on
Q: Hi I want to go back home country after overstaying how ?

My visa has expired waiting for asylum application .i want to go back home country how it is possible ?will they allow me to leave without any problums at airport ?

Carl Shusterman
Carl Shusterman
answered on Apr 19, 2018

There will no problem in you leaving the United States, but since you are returning to the country from which you claimed you would be persecuted, it is unlikely that you will ever be permitted to return to the US.

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