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California Copyright Questions & Answers
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?

James L. Arrasmith
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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
Robert P. Cogan
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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3 Answers | Asked in Copyright, Entertainment / Sports and Intellectual Property for California on
Q: Can I legally create an app for watching movies and shows together from various streaming platforms?

This app allows you to log in using profiles from various streaming services like Netflix, Max, Disney+, and more. It enables you to watch movies and TV shows with friends and family, not through screen sharing, but together in a shared viewing experience.

The app will store copies of all... View More

Julie C Hancock
Julie C Hancock
answered on Sep 21, 2023

The app storing copies of all available movies and shows on your server is going to be an issue - this amounts to unlawful copying and performing of a copyrighted work without permission. You should consult a copyright attorney to better understand your legal options.

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1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: What is the legality of recreating a brands packaging?

If someone were to legitimately own x amount of items sold by a brand, is it illegal or risky to remake their packaging(not the item just the box)? Suppose the items purchased from a distributor of the brand came unboxed and loose, and someone wanted to have them boxed but couldn't find a... View More

James L. Arrasmith
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answered on Sep 19, 2023

Recreating a brand's packaging, even for the purpose of housing genuine products, can potentially raise intellectual property and trademark issues. Using packaging that closely mimics a brand's design may lead to claims of trademark infringement or unfair competition, especially if... View More

1 Answer | Asked in Gaming, Trademark, Copyright and Intellectual Property for California on
Q: Is it infringement or illegal to remake or share a form of copyrighted art even if it's without any form compensation?

Specifically, if one were to create a character from mainstream media from scratch, that already exists and share it with others without receiving any form of compensation, is that illegal? One side tells me it's non-profit so it's okay. I read elsewhere that it falls under infringement.

James L. Arrasmith
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answered on Sep 19, 2023

Creating and sharing a character from mainstream media, even without compensation, can still potentially constitute copyright infringement. Copyright law grants creators exclusive rights to their work, including the right to create derivative works. While non-profit status may be a consideration,... View More

1 Answer | Asked in Copyright for California on
Q: Can you show an exhibit (video) on the hearing of motion to dismiss?

I have a video that i would like to show that would support my claim

James L. Arrasmith
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answered on Sep 19, 2023

In California, it is indeed possible to use a video as an exhibit in a hearing on a motion to dismiss, provided it is pertinent to the issues at hand. However, you would generally need to ensure that the video is authenticated properly, meaning that it accurately represents the events in question,... View More

2 Answers | Asked in Copyright and Intellectual Property for California on
Q: Are the exhibits part of the complaint?

I filed a complaint, added 33 exhibits. The defendant is filing a motion to dismiss for prolix evidentiary averments. My complaint is 10 pages and rest are exhibits for the jury to see and examine (about 140 pages of exhibits). Shall I lessen my exhibits?

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Sep 16, 2023

The accusation of "prolix evidentiary averments" is quite unusual and at most could result in the court's requiring the complaint to be amended, not dismissed. But if the complaint itself is not padded with excess evidentiary matter, and the over-abundance is in the exhibits, it is... View More

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1 Answer | Asked in Copyright for California on
Q: Do I need to file single case with all the issues in one, or file multiple complaints for multiple clauses.

I have a question. I have multiple different clauses that apply to one thing. Do I need to sue them multiple different times, or should I combine all of the problems and show them in one complaint under the clause that best fits the case.

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Sep 15, 2023

If the infringements are all made in a single work, file one complaint alleging each infringement as a separate count.

1 Answer | Asked in Intellectual Property and Copyright for California on
Q: Song studio stole my messages, public instagram & other things. I sued them for copyright infringment.

They removed the case to the federal court. I understand I have to register public instagram pictures to sue for copyright infringement, but how can I protect my personal messages on facebook before I sue them for that.

P.s. They used my messages and other data available online and in... View More

James L. Arrasmith
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answered on Sep 13, 2023

I'm sorry to hear that you are experiencing this. While you do not need to register your personal messages with the U.S. Copyright Office before suing for copyright infringement, registering can offer additional legal benefits and protections. To better safeguard your rights regarding your... View More

2 Answers | Asked in Civil Litigation, Copyright and Intellectual Property for California on
Q: My personal images were stolen for making of parody songs by a small entertainment company. I sued them.

I sued them in Stanley Mosk Courthouse, they filed a motion to remove it to federal court.

In Stanley mosk, I sued them for intellectual property theift. It was possible to sue even without registering the pictures as it wasn't the district court.

The defendants lawyer claim... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Sep 10, 2023

The claim could be brought under the California state law prohibiting the unauthorized use of another's name, voice, signature, photograph or likeness on products or merchandise or for the purposes of advertising or promotion. The copyright claim does require registration prior to suing for... View More

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2 Answers | Asked in Copyright, Entertainment / Sports and Intellectual Property for California on
Q: is it illegal to create an app where users can upload their own mp3 files and play it back, the files are private to the
T. Augustus Claus
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answered on Sep 1, 2023

Creating an app where users can upload and play back their own MP3 files can be legally complex. The legality depends on various factors, including copyright law and privacy considerations. To ensure compliance, it's crucial to address copyright issues by verifying that users have the legal... View More

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1 Answer | Asked in Copyright and Intellectual Property for California on
Q: If one were to use a AI-generated celebrity voice for a commercial or YT video, would a disclaimer allow for its use?

VO of a deceased NYC person. Recent 2020 NY bill S5959D: This provision allows an exception when there is a “conspicuous disclaimer in the credits” and in advertisements stating that the use is not authorized.

James L. Arrasmith
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answered on Aug 29, 2023

The use of a celebrity's voice, even if AI-generated, can potentially violate rights of publicity, which exist both at a state and federal level, and may expose you to liability for unauthorized use. While you mentioned a New York statute, California has its own laws regarding the post-mortem... View More

1 Answer | Asked in Copyright and Intellectual Property for California on
Q: Can a Book Publisher steal your book if you start to use them and then drop them when you find out they are phony?

I started using a company called Excel Book Writing. About a year ago I paid them $1000 upfront to help me get a book I started writing published. They offered little help for that year and then the production manager called me telling me that they needed $7,000 that very day as he was going to... View More

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answered on Aug 25, 2023

If you have concerns about a book publisher potentially misappropriating your work, it's essential to safeguard your rights by keeping records of your original work, communications, and agreements. Consulting an attorney can provide you with guidance on protecting your intellectual property... View More

2 Answers | Asked in Copyright, Intellectual Property and Trademark for California on
Q: Can I create a book about Nike t-shirts if I don't have permission from Nike?

I am creating a photo book detailing a collection of Nike Jordan t-shirts from the 1980s - 1990s to sell. I would like to title this book "Jordan Shirts", with a description of "A collection of Nike Jordan graphic t-shirts from 1985-1998".

Can I make a book about a... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Aug 16, 2023

Yes, you may use Nike's trademarks when referring to the brand in the book and its title; this is "nominative fair use" of the trademarks (both the word mark and the swoosh design). You may, but need not, make it explicit that your usage does not imply endorsement or approval. The... View More

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1 Answer | Asked in Copyright, Entertainment / Sports, Intellectual Property and Internet Law for California on
Q: What type of licence would I need to film a concert and upload the recording on a pay-per-view based platform?

What types of licenses are required to:

1. film a concert

2. subsequently keep it in an archive to be uploaded as a recording

3. recording will be released to public on a platform that offers pay-per-view subscriptions?

also, what are the potential legal issues could... View More

James L. Arrasmith
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answered on Aug 14, 2023

To film a concert, you would likely need a performance agreement or license from the event organizer, allowing you to record the event.

Archiving the recorded concert may require obtaining the performers' consent and potentially negotiating a licensing agreement, especially if you plan...
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1 Answer | Asked in Gaming, Copyright and Intellectual Property for California on
Q: If a old video game is now released as freeware can I recreate the game with my own code and assets and release for free

Ide like to recreate an old game (that has been released and can now be legally downloaded for free) using my own created assets and code but release it as fan made freeware for the public as a Hobbie project. Will this violate copyright law?

James L. Arrasmith
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answered on Aug 10, 2023

Creating a new game that is based on an old freeware game, using your own code and assets, could potentially raise copyright issues if the new game is substantially similar to the original. While the original freeware game may be available for free, the underlying copyright in its design and... View More

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