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California Copyright Questions & Answers
1 Answer | Asked in Copyright, Federal Crimes and Intellectual Property for California on
Q: My IP racketeering case was denied sealed filing and published to prevent recovery. Charge the US with taking property?

This question needs an attorney in racketeering law (criminal claim filed in civil court), or Court of Federal Claims. It was filed with extensive evidence and memoranda, based upon similar federal cases.

The essential motions to File Under Seal and Request Discovery Assistance (to prevent... View More

Will Blackton
Will Blackton
answered on Apr 27, 2017

To clarify, you're asking attorneys who are unfamiliar with your case whether you should sue the U.S. government on the basis of a federal judge's decision?

It is unlikely that an attorney on the Justia Ask a Lawyer board will be able to answer your question or offer any real...
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2 Answers | Asked in Copyright for California on
Q: Do I need to actually purchase a clipart image from Shutterstock in order to build a tangible product with that image?

I understand that using that image online to sell something requires a purchased download. However, if for example, I just print that image trace it on wood, and cut out a piece for a bookend, or pendant, or anything tangible really, and sell that, do I need the receipt of purchase from the shutter... View More

Will Blackton
Will Blackton
answered on Apr 26, 2017

You probably need more than just a single-use license from Shutterstock if you want to create derivative work of an image and resell it. Carefully review the terms of Shutterstocks different licensing agreements. You need to purchase a license that allows you to transform and resell the work, not... View More

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1 Answer | Asked in Copyright, Constitutional Law, Intellectual Property and Internet Law for California on
Q: Internet piracy case was denied sealed filing and published to prevent recovery. Appeal or charge US in taking property?

My USDC in California case charges internet copyright pirates, similar to federal cases.

The essential Application to File Under Seal and Motion to request discovery assistance (to prevent destruction of evidence and hiding assets) were denied with the absurd claim that no cause was shown.... View More

Will Blackton
Will Blackton
answered on Apr 26, 2017

Why attempt to file the discovery motion under seal? Judges are often reticent to allow motions under seal unless the sensitive information revealed in the motion would put some entity in physical or financial danger. Courts often have specific requirements for these filings in their Local Rules.... View More

1 Answer | Asked in Copyright for California on
Q: If I don't put a copyright notice on my website, can anyone take the content?
Ali Shahrestani,
Ali Shahrestani,
answered on Apr 20, 2017

It's best to put a copyright notice on the site. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/... View More

1 Answer | Asked in Copyright, Gaming, Intellectual Property and Trademark for California on
Q: I wanna write a book/make a game about a non-english song. Do I need to get copyright permissions or can I just credit?

Basically, I used the song for inspiration for characters, setting, and plot. The reasons, some events, names, and everything else will be from my imagination. And some characters will say some lines from the song word for word in conversation (not song). I will not have the actual song sung... View More

Robert P. Cogan
Robert P. Cogan
answered on Jul 17, 2017

A true answer would require review of the original material and a more precise description of exactly what you are doing. You would have to consult an attorney.

Here are a couple of observations. Crediting the original creators means that you are not a plagiarist. However, the credit could...
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2 Answers | Asked in Copyright and Intellectual Property for California on
Q: GPL and copyright infringement

Our business redistributes plugins and themes created by 3rd party developers under the GPL license for $9.99 per month. Are we allowed to use the author's logo to credit where the original item is from without being hit with copyright infringement?

Andrew Zulieve
Andrew Zulieve
answered on Apr 12, 2017

I believe what you intend to use is the author's trademark. To be on the safe side, I would run it by both the third party developer and the owner of the trademark logo.

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1 Answer | Asked in Copyright and Intellectual Property for California on
Q: My product was flagged for IP infringement. It is for the color yellow but others are still selling the color yellow.

I have a product that I have listed on Amazon.com and been selling for over 8 months without any issues. We were recently flagged for issues regarding our product's handle pattern design which was protected by a patent. We understand that we needed to change the handle so since we have changed... View More

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

Forms of IP infringement include trademark infringement and trade dress infringement. They are covered by different laws and are measured by different criteria. The standard for trademark infringement is likelihood of confusion in the market place as to the source of the goods.

This is the...
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2 Answers | Asked in Copyright and Intellectual Property for California on
Q: I purchase an adult coloring book. Do the colored images belong to me?
Glenn B. Manishin
Glenn B. Manishin
answered on Mar 29, 2017

The colored images after your draw them are yours for copyright purposes, but not the coloring book templates.

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2 Answers | Asked in Copyright, Entertainment / Sports and Intellectual Property for California on
Q: Can I write a screenplay adaption of a novel in public domain using the same dialogue, and still have it protected?

The novel's copyright was not renewed, and the author passed away in 2002. Would the dialogue be able to be adapted word for word in the screenplay and still be able to be protected by the Writers Guild of America and copyright laws?

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 22, 2017

You may still be in violation of the copyright which can last well past the author's death. See: http://copyright.cornell.edu/resources/publicdomain.cfm

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an...
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1 Answer | Asked in Copyright and Trademark for California on
Q: How Can I use a parody design logo of Street Sharks without getting penalized legally?

I want to start a small clothing line and would like to use a character and font design of Street Sharks. Street Sharks was a cartoon in the 90s.

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 22, 2017

Parody defenses to trademark are subject to limitations. See: https://cyber.harvard.edu/metaschool/fisher/domain/tm.htm

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me,...
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1 Answer | Asked in Business Formation, Copyright and Trademark for California on
Q: I want to trademark a name and create 2 businesses as an extension of that trademark. Question is do I need multiple...

For example "ABC" is what I will trademark and under that name I'd like to branch to music and clothing. For example, "ABC Clothing" and "ABC Records" Do I need to trademark each of these or are they covered under the initial "ABC" trademark?

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 8, 2017

Each trademark needs to be individually registered. See: https://www.uspto.gov/trademarks-getting-started/trademark-basics

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about...
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1 Answer | Asked in Copyright and Intellectual Property for California on
Q: I'd like to start making and selling percussion instruments under the name, Fitzgerald, inspired by the famous writer.

The instruments will have homages to the 1920's, like I said, inspired by F Scott Fitzgerald. Will this be a potential problem with the F Scott Fitzgerald estate? Even though the instruments are not directly related to the writer, Fitzgerald and his style is what inspired me to potentially... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 8, 2017

You'll have to license the right to use that name from the Estate of F. Scott Fitzgerald, otherwise you may violate the Estate's IP and publicity rights. See: https://www.lib.purdue.edu/uco/CopyrightBasics/basics.html

More details are necessary to provide a professional analysis...
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1 Answer | Asked in Business Law, Contracts, Copyright and Criminal Law for California on
Q: Business partner is secretly copying our product and business

I designed an electronic bicycle accessory that helps safer bicycling on roads for groups and individuals. While I was still designing it, I brought in a partner to setup manufacturing contracts and marketing for this product. However it was still under development, and I did not yet protect the... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 3, 2017

There may be various de facto intellectual property protections you have, even though you didn't file for registered IP rights it seems. There may be various contractual protections you have as well. More details are necessary to provide a professional analysis of your issue. The best first... View More

1 Answer | Asked in Contracts and Copyright for California on
Q: Can one create a scaled figured based on artwork you don't own or have not purchased?

For example this figure(http://i.ebayimg.com/00/s/MTIwMFg5NzA=/z/KnAAAOSwENxXmiYj/$_1.JPG) based on this artwork(http://i.ebayimg.com/00/s/NjkzWDQ4Nw==/z/LNoAAOSwENxXmiYw/$_1.JPG).

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 23, 2017

This sounds like possible violation of copyright if you are not licensed by the artist to do this. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards,... View More

1 Answer | Asked in Copyright and Business Law for California on
Q: Can I buy a handmade digital art print from Etsy (it's a downloadable PDF), print/frame it, and rent out in my store?
Will Blackton
Will Blackton
answered on Feb 22, 2017

I'm not sure what you're asking exactly. You'd like to rent out the physical printed and framed art to customers in your physical store? Just a single image or would you like to print and frame multiple copies? Is there a contract through the Etsy terms of service or with the... View More

1 Answer | Asked in Contracts and Copyright for California on
Q: If I record a video, say for a company, but later decide I don't want that video to be featured anywhere, what can I do?

Do I have legal recourse/can I expect anything when I request it being taken down?

Will Blackton
Will Blackton
answered on Mar 1, 2017

It depends on whether the company commissioned the work or if you were an employee who produced this video in the course of your employment. This is known as "work for hire" and in those cases, the company would own the rights to the video. You wouldn't be able to assert any... View More

1 Answer | Asked in Copyright for California on
Q: Can I name a company after a character or a title of a poem?
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 14, 2017

This may violate copyright laws. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law... View More

2 Answers | Asked in Copyright for California on
Q: I wanted to know what is an affordable option in order to get my book copywriten??
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 24, 2017

Self-help guides may be useful. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of... View More

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1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: im looking to get my producer name trademarked for all purposes. would it be worth it and how much would it cost me?

im a music producer building my name very quickly. and working on some projects that will be publically released from record labels and such

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 17, 2017

Trademarking is not particularly expensive if there are no disputes from opposing parties. The more important consideration in your business should be using professional contracts, setting up your business infrastructure, and other work that a skilled business lawyer can provide you. The best first... View More

1 Answer | Asked in Copyright for California on
Q: Is there was any way I could sell some shirts and hoodies with a famous anime character on them (Dragonball Z)?

I was thinking maybe if I added something to the shirt, like quotes, or left something out, that maybe I could bypass the copyright somehow.

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 12, 2017

That sounds like copyright violation. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

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