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California Copyright Questions & Answers
1 Answer | Asked in Copyright for California on
Q: Art Director legal rights

I am an Art Director who is working on a project for publication. I did hire trade photographers (those willing to do work for portfolio purposes and not paid compensation). I want to know, if this does blow up and reach magazines and more, what are my rights as far as potential profit?

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 2, 2017

It's advisable to safeguard your intellectual property and also to form written contracts with such photographers to clarify the rights and duties of the parties before commencing work on the project. The best first step is an Initial Consultation with an Attorney. You can read more about me... View More

1 Answer | Asked in Copyright for California on
Q: Are live readings of books on YouTube or other social media infringing on their copyright laws?

If someone takes a video or audio recording of them reading a book, does that infringe on copyright of that book? How do you get rights to do that broadcast with that book?

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 9, 2016

You would need to license the rights from the copyright owner, unless copyright protection does not apply for various reasons. 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... View More

1 Answer | Asked in Copyright and Trademark for California on
Q: I would like to get an estimated of my case, I was told I can reply myself to USPTO

7EDU trademar, case 87095162

the company that owns SEVENEDU is located in Korea and they don't do business in America, they dont even have content in english, is this relevant?

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 6, 2017

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 practice website. I practice law in... View More

1 Answer | Asked in Copyright for California on
Q: Is the Russian National Anthem copyrighted?
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 7, 2017

You can check with the US Copyright Office. 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... View More

1 Answer | Asked in Copyright for California on
Q: I purchase a storage unit and inside was more then a dozen 8 x 10 nude photos of the top male actors in Hollywood. All

photos have a copyright mark and date. I know what I can not do but not what I can do. What would be the best way to sell these photos?

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 7, 2017

Selling them may violate the copyrights. 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... View More

1 Answer | Asked in Copyright, Real Estate Law and Landlord - Tenant for California on
Q: What is the allowed percent that rent can be raised.per year? Are there regs that explain how that is determined?

Muti building rental unit. Management has changed very frequently.

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 9, 2017

Are you in a rent-control city? 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

1 Answer | Asked in Business Law, Copyright, Entertainment / Sports and Business Formation for California on
Q: Can I start an organization in the name of a deceased public figure?

The Foundation for the person in question (Kathryn Kuhlman) recently shut down, and she has no immediate offspring such as children.

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

Questions to be considered include whether your organization would be confused with the Foundation and how to avoid confusion. It also has to be determined if use of the name would violate rights of others, even for the name of a deceased person with no immediate offspring. This can get tricky.

1 Answer | Asked in Copyright for California on
Q: I'm starting to make and sell handmade crafts. I saw someone who had a similar idea as mine but hers is copyrighted.

So, I really love her ideas and they are similar to mine too. These are both handmade craft candles. These are candles in jars and my idea is very similar. I noticed though that on her site, hers is copyrighted, denoted by the small circle c at the top of her product. Can I still have something... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 13, 2016

It's hard to determine without more facts and the specific nature of her candles versus yours. Many creations can potentially be copyrighted, but the questions of uniqueness and confusion may give rise to dispute and even litigation. If she's made a relatively generic looking candle, it... View More

1 Answer | Asked in Copyright, Criminal Law and Personal Injury for California on
Q: Can a private school capture and sell video of it's students?Can they sell/give those rights to the filmmaker?

I want to shoot stock video footage of education in action. Does the school have the right to sell/grant me that right on behalf of the kids, or do I have to get each one of their parent's signatures? The school is in Florida. I live in CA.

Peter N. Munsing
Peter N. Munsing
answered on Sep 13, 2016

Usually you would need the permission of each student's parent, each teacher. Can't tell you if under Florida they have a right to sell you that--sounds a bit odd.

1 Answer | Asked in Copyright for California on
Q: I work in a frame shop. I was wondering if it's legal to frame pages out of books from goodwill & sell the framed piece

we have some extra, really nice moulding so was hoping we could make use of them, I've seen frame shops sell Seuss pages and other stuff, is that fair. or could we sell them somehow for donations?

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 16, 2017

This may violate copyright laws. 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 Attorney. You can read more about me, my credentials, awards,...
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1 Answer | Asked in Copyright for California on
Q: I want to sell posters featuring drawings of musicians. Do I need to pay the musician?

Hello, I am interested in printing and selling posters. The posters will feature drawings/interpretations of famous music artists. I plan to hire artists to draw the posters (the drawings will not be based on any photographs or previous designs), paying the artists an initial fee and royalties on... View More

Andy Chen
Andy Chen
answered on Aug 4, 2016

I would. The copyright aspect is only one of the issues to be concerned about. There is also a civil offense called Appropriation of Name or Likeness. In California, this is provided for by statute as well as case law.

For example, let's say you use Taylor Swift as the artist in...
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1 Answer | Asked in Copyright and Immigration Law for California on
Q: I want to know what Options I have for selling never before seen nude modeling pictures of Biggest Movie Stars

About 20 years ago I purchase a storage unit and inside the unit were about 15 8 x 10 modeling pictures of Top Male Movie Stars. Two of the males are of Johnny Depp & Leonardo Dicaprio. All pictures were taken in 96 & 97 and have never been published and are full frontal nudes. I did ask... View More

Shan Dimitris Potts
Shan Dimitris Potts
answered on Jul 26, 2016

This is not an immigration question. Please post in the appropriate category.

All the best.

-Shan Potts

Like our facebook page for regular immigration and visa updates - www.facebook.com/pottsmartinez

15 years of successful immigration law experience. The answer...
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1 Answer | Asked in Copyright for California on
Q: i want to make a coloring book, can i use cartoon picture like minion that could be find in google image in my book?
Will Blackton
Will Blackton
answered on Feb 3, 2017

If you do so without the permission of the person or entity who holds the copyright for that image, you could be at risk of being sued for copyright infringement.

1 Answer | Asked in Copyright, Immigration Law, Contracts and Employment Law for California on
Q: Employer forced me to sign a assignment of rights/likeness release

A future employer promised me to sponsor a working visa. But before doing so, the future employer asked me to write a screenplay for his company and so I did. He also forced me to sign a certificate of authorship / assignment of rights / likeness release. The document does not specify the... View More

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

"Forced" is an oft-misused word. Have a lawyer review your facts and contract in full to properly advise you. As you present it, the contractual language sounds quite broad and inclusive. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law... View More

1 Answer | Asked in Copyright for California on
Q: I'll try again. I need some copyright advice. Can I use music that is readily in the PD (movie soundtracks, etc.)

to be included in a book I am writing? The purpose of the music is to be played when reading certain chapters. The proceeds of any book revenue will be going to a national known charity. Please let me know your thoughts. Thanks, Steve

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 31, 2016

If it is in the public domain, yes, but I fear you misunderstand what PD actually is. Movie soundtracks are not in the public domain automatically anymore than poems. In order for it to be in the public domain, the work needs to have never been copyrighted (assuming other factors are in place) or... View More

1 Answer | Asked in Copyright for California on
Q: What are the copyright rules in the United States surrounding using images of celebrities?

When is it ok to use pics of them and when is it not? My understanding was the using picture of celebrities that are selfies, or Polaroid's and taken by paparazzi are fair game, but using pictures that were taking for promotional purposes or during a photoshoot are not alright.

I will... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Feb 24, 2016

All of the pictures you are talking about are copyrighted, and you would need a license to legally do what you want to do. In addition to copyright issues, there are are personality rights to deal with that you would need to contract with the celebrities to use their likeness.

1 Answer | Asked in Copyright for California on
Q: can you make a collage of playboy magazines the cover of your book

wrote a book, paying someone to make cover art, want to use pieces of playboy magazine images to make cover-- they think that it becomes new art and thus don't need permission. want to make sure this is true.

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Feb 24, 2016

While this person is partly correct that the combination does create a new work of art that would have it's own copyright, the fact remains that the collage would be a derivative work of the original art works. As in, making the collage without the permission of the copyright holders of the... View More

1 Answer | Asked in Copyright for California on
Q: Can I put a picture of a a companys bike on my website as an example?
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Feb 24, 2016

Potentially, but there are issues related to both copyright and trademark involved. Fair use may be a defense, but more information would be needed to see if there is a way to avoid liability.

1 Answer | Asked in Copyright for California on
Q: Is it possible to sue someone in the UK for copyright infringement while living in the US?

I created a French language course in the 90's, which included lesson plans, storybook, songs and professionally recorded tapes. I did lease it for a very limited time to an acquaintance but lost touch with her when we came to the States. Now I see there is someone else running the school and... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Feb 24, 2016

Can you sue someone in the UK even though you are in the US, yes, you would need to find a UK lawyer (though I think they are called barristers and solicitors there) to accomplish this.

1 Answer | Asked in Copyright for California on
Q: I made a composite from three separate photos of a copyrighted character? Can I make $$ from the design?

I'm a graphic designer and I use Photoshop in my work. Recently, I came up with a design and I'd like to use this composite design on a t-shirt and sell it as it's getting popular. The design I created is original but the character I used is a fictional character from film and TV... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Feb 24, 2016

In order to avoid legal issues you would need a license from the copyright holder of the three photos, and then also a license from the trademark holder for the character. This assumes the character is trademarked and the photos you used are copyrighted.

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