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California Copyright Questions & Answers
1 Answer | Asked in Copyright, Intellectual Property and Internet Law for California on
Q: Etsy seller who copied me and was reported, filed a counterclaim stating their work is original. It is not.

I am an Etsy seller and found a listing that directly copied one that I make- this listing uses illustration that I created myself. I reported it to Etsy for copyright infringement and it was taken down the next day.

The seller then proceeds to contact me via my shop, and harass me for... View More

James L. Arrasmith
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answered on Jan 3, 2024

To address this situation, where your original artwork has been copied, and the other party has filed a counterclaim, legal action may be necessary. When a counterclaim is filed, it challenges your initial copyright infringement claim, and Etsy's policy typically requires you to take legal... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: If I use a company's logo in a marketing email to THEM - does it pose any trademark or copyright issues?
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answered on Dec 30, 2023

Using a company's logo in a marketing email, even if it's directed to the company itself, can potentially raise trademark and copyright issues. Trademarks, which include logos, are protected to prevent misuse that could cause confusion or imply endorsement or association without... View More

1 Answer | Asked in Consumer Law, Copyright, Business Law and Intellectual Property for California on
Q: Hello. My question is this: Can I be sued if my eyewear frames designs look similar to designs of big companies?

For example, many of the eyeglasses designs made by Warby Parker, Ray Ban, Oliver Peoples have similarities and some of them to ordinary people like me look exactly the same. Can I get sued by these companies if my own company designs an eyeglasses frame that looks like some of their products? I am... View More

James L. Arrasmith
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answered on Dec 29, 2023

In the realm of eyewear design, the risk of being sued for creating frames that resemble those of established brands like Warby Parker, Ray Ban, or Oliver Peoples is real, but it largely depends on specific details. If your designs are significantly similar to a protected design of a major brand,... View More

1 Answer | Asked in Copyright, Gaming, Trademark and Intellectual Property for California on
Q: I am developing a Vietnam video game and am wondering about copyright laws regarding real photos for the trailer

We are in the process of developing a video game depicting the true story of a Vietnam vet and his personal experience during his time in the war, and as we are creating the trailer for the game, we would like to use real photos from the war that have been declassified under the freedom of... View More

James L. Arrasmith
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answered on Dec 29, 2023

When considering the use of real photos from the Vietnam War for your video game trailer, it's crucial to understand the nuances of copyright law. Declassification under the Freedom of Information Act does not automatically place these images in the public domain or free them from copyright... View More

1 Answer | Asked in Animal / Dog Law, Copyright, Trademark and Intellectual Property for California on
Q: I want to start a dog rescue and part of the bane would include batgirls. Tracy batgirls dog rescue. Is this legal?

Name not bane

James L. Arrasmith
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answered on Dec 23, 2023

When choosing a name for your dog rescue, it's important to consider trademark laws to avoid legal issues. The term "Batgirl" is a well-known trademark associated with DC Comics, and using it in your business name without permission could lead to trademark infringement issues.... View More

1 Answer | Asked in Copyright and Intellectual Property for California on
Q: Hello! I recently started transferring images from magazines onto fabric with the intent to sell them. Is this okay?

The magazines/newspapers I use are primarily from the 70s-90s and some early 2000s. I intend to incorporate these image transfers into my up-cycling projects so I will be sewing them onto clothes with the intent to sell them. I also plan to embroider the garment and add trimmings and other details... View More

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answered on Dec 22, 2023

Transferring images from magazines onto fabric for commercial purposes, even if the magazines are old, can potentially lead to copyright infringement issues. Copyright law generally protects original works, like photographs and advertisements, regardless of their age, and this protection can last... View More

1 Answer | Asked in Copyright and Intellectual Property for California on
Q: I want to use online tools/software that creates activity/other style books (non AI).

The tools/software has a library of premade items e.g coloring pages, mazes, kids activities, journal pages etc. and it automatically generates things like word searches, soduku puzzles etc

Option 1: With a few clicks, without me creating anything, it can put the pages together into a... View More

James L. Arrasmith
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answered on Dec 20, 2023

In the realm of copyright law, the key factor is originality. When using a tool or software that generates content like activity books, the copyright ownership depends largely on the level of originality and creative input you contribute to the final product.

For Option 1, where the...
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1 Answer | Asked in Copyright and Intellectual Property for California on
Q: If I use the "LA" Dodgers logo for a parody design, is that copyright infringement?

My friends and I made a shirt with the iconic "LA" from the Dodgers that says, "gLAmorous." The text for the LA isn't the exact same as the Dodgers use, but you can definitely tell it's parodying their logo. People really loved it, and we wanted to see if it was... View More

James L. Arrasmith
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answered on Dec 12, 2023

When considering using a logo similar to the "LA" Dodgers for a parody design, it's crucial to understand the nuances of copyright law. Parody is a defense under copyright law, but it has specific requirements. The parody must comment on or critique the original work, and this is... View More

1 Answer | Asked in Copyright, Trademark and Intellectual Property for California on
Q: Would a book about holistic pet recipes, be an infringement on a trademark of "An holistic approach to pet food; TM"?

Serial Number 77220947, Registration Number 3433513. Artemis pet food co. Inc, Carson, CA.

James L. Arrasmith
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answered on Dec 4, 2023

When evaluating whether a book titled "Holistic Pet Recipes" would infringe on the trademark "An Holistic Approach to Pet Food; TM," several factors must be considered. Trademark infringement generally occurs when a new product or service creates a likelihood of confusion among... View More

1 Answer | Asked in Consumer Law, Copyright, Intellectual Property and Trademark for California on
Q: If I opened a place called "smashed burger" and did a similar concept, would I be subject to a suit? Thanks
James L. Arrasmith
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answered on Dec 4, 2023

If you're considering opening a place called "Smashed Burger" and the concept is similar to an existing company known as "Smash Burger," there is a potential risk of a trademark infringement lawsuit. In trademark law, the key issue is often whether there's a likelihood... View More

1 Answer | Asked in Copyright, Intellectual Property, Business Law and Civil Litigation for California on
Q: If we cannot copyright an incident, can we claim it as appropriation of our personality.

If we have an accident. We get injured by it. We meet a hot nurse at the hospital and marry her. And we snap all of it, from accident to marriage.

Few weeks later someone makes a movie out of it. They use our initials, same design wedding dress, same color of car that we had the accident... View More

James L. Arrasmith
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answered on Nov 29, 2023

In your case, while you can't copyright an incident, you may have grounds to file a claim under the right of publicity, especially if specific personal elements like your initials, wedding dress design, and the color of your car were used without your permission. The right of publicity... View More

1 Answer | Asked in Copyright and Intellectual Property for California on
Q: Is it legal to scan copyrighted books for archival purposes?

I was wondering if I could scan books still under copyright to archive them for personal use (or maybe allowing researchers to access it by request)?

James L. Arrasmith
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answered on Nov 26, 2023

In the United States, scanning copyrighted books for archival purposes, even for personal use, falls under the scope of copyright law. Copyright law typically protects original works of authorship, including books, for the lifetime of the author plus 70 years.

For personal archiving, the...
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1 Answer | Asked in Copyright and Intellectual Property for California on
Q: Can I publish CA court transcripts as a book on Amazon if they were published by courttv? or do i need to buy them?

i'm not sure the court even has them to purchase anymore since it's an old trial. the transcrips being on courttv means they are copyrighted?

James L. Arrasmith
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answered on Nov 22, 2023

Publishing California court transcripts as a book, particularly when they have been broadcast by Court TV, involves several legal considerations. Firstly, court transcripts generally fall into the public domain, especially if they are official records from a public trial. However, this does not... View More

1 Answer | Asked in Intellectual Property, Copyright and Trademark for California on
Q: I have a question about copyrights and trademarks for intellectual properties.........

I have created a gpt in ai to produce images of Formula 1 race teams and various formula 1 race locations such as Las Vegas or Monte Carlo. Each image is 100% unique. These images appear to be the actual race car and location, though they are not exact matches.......... but they are close. I would... View More

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answered on Nov 20, 2023

Hi Wes,

Creating and selling images that closely resemble Formula 1 race teams and locations, even if they are unique and generated by an AI, can still raise copyright and trademark concerns. Copyright laws protect original works of authorship, including images, and trademarks protect brand...
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1 Answer | Asked in Copyright, Criminal Law, Personal Injury and Sexual Harassment for California on
Q: I live in Los Angeles and an ex romantic partner posted an intimate video of me without consent (Poland). What do I do?

He's also stalking me, taunting me by showing all of the personal information he has about me, which I did not give. He calls me various slurs, tells me that I would be better off dead, etc. Would California extradite someone from Poland for this or do I have to pursue justice in Poland?... View More

James L. Arrasmith
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answered on Nov 20, 2023

Your situation is complex and distressing, involving issues of non-consensual sharing of intimate images, stalking, and harassment. In California, the distribution of such images without consent is illegal, and you have legal rights that can be enforced.

Regarding the video posted without...
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1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: I'm writing a drinking game booklet and using the title of a show for the title of a game is that copyright infringement

It is a booklet of of preset drinking games of tv shows, movies or movie/tv show genres and I was wondering if I use a tv show for the title of one of the games is it copyright infringement? For example I have a Flavor of Love show drinking game. Can I use that title?

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answered on Oct 31, 2023

Using the title of a TV show or movie in the title of a drinking game may potentially expose you to legal risk. Titles themselves aren't generally copyrighted, but they might be trademarked, especially if they're part of a well-known series or franchise. If a title is trademarked, using... View More

1 Answer | Asked in Copyright and Intellectual Property for California on
Q: Can I share videos online of a fan game I'm working on that I'll never distribute?

I'm making a fan game based on copyrighted material. It's mainly for personal use so I can learn how to code, I will never distribute it so other people will never be able to play it. However, I wanted to know if there was a way for me to share gameplay videos of my fan game online that... View More

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answered on Oct 24, 2023

While you may not be distributing the game itself, sharing gameplay videos online could still expose you to legal risks. In California, as elsewhere in the U.S., copyright law grants exclusive rights to copyright holders. This includes the right to create derivative works based on the original... View More

2 Answers | Asked in Trademark, Intellectual Property and Copyright for California on
Q: Is it okay to use another company's trademark in my domain, if I'm discussing their product in my forum?

I'm thinking of making a Bionicle discussion forum at the domain bionicleforum.com. I'm concerned that could open me up to a lawsuit from Lego who owns the Bionicle trademark. I'd like to know what you think.

Robert P. Cogan
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answered on Oct 19, 2023

I have no knowledge of whether Lego would sue. It is possible that they could feel that you are creating a false association of the discussion form with Lego. They might also feel that you are creating a likelihood of confusion as to the source of the forum and could argue that this is a classic... View More

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1 Answer | Asked in Copyright and Intellectual Property for California on
Q: Do I need permission from a gym website to post their schedule on my app?
James L. Arrasmith
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answered on Oct 16, 2023

Posting copyrighted content without permission can constitute copyright infringement. Many gym schedules, although seemingly simple, may be considered original works protected by copyright law. If the gym's schedule contains unique content, descriptions, or any other original material, it may... View More

2 Answers | Asked in Intellectual Property and Copyright for California on
Q: Am I covered by the pastiche law if I include photos of out-of-print book covers in my short, independent film?

The short film shows the books in a loving, nostalgic light. I am submitting it to film festivals, online literary magazines, and contests for short films using Imovie.

T. Augustus Claus
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answered on Oct 9, 2023

In California, the concept you're referring to is not "pastiche law" but rather the doctrine of "fair use." Fair use allows limited use of copyrighted material without permission from the copyright holder for purposes such as criticism, commentary, news reporting,... View More

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