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California Copyright Questions & Answers
1 Answer | Asked in Copyright and Intellectual Property for California on
Q: IP question. If you sell a Zippo lighter on eBay they will have the listing removed for using the name Zippo.

Would this hold up in a court if you were to sue them when you were just selling a real (and more likely used) zippo?

And what if you painted the lighter to decorate it? would Zippo be in the right then for modifying it?

Thanks

James R. Dickinson
James R. Dickinson
answered on Oct 31, 2022

Speak with an intellectual property attorney in your area. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

Q: How would copyright or patent for musical equipment work internationally?

Let us say that Country XYZ has no such thing as copyright infringement and they make musical gear

with preexisting recordings from other companies, and it is perfectly legal in that country.

If a musician in the USA, where it would not be legal to use preexisting recordings from... View More

David Luther Woodward
David Luther Woodward
answered on Oct 23, 2022

What you propose sounds a lot like copyright infringement. I don't understand your terminology--like what do you mean by "gear". An instrument, to me, is a horn, a guitar, a piano, etc., not something that reproduces pre-recorded data.

1 Answer | Asked in Copyright, Intellectual Property and International Law for California on
Q: Do "imported" music/synthesizer software have to meet US regulation on sampling and copyright? Or only in that country?

Hello. If I wanted to purchase a virtual synthesizer from a developer abroad that followed the sampling laws of the country it was made in, could I use that synthesizer in my music? In other words, if the sampling laws of that country were different than that of the US, how would that effect what... View More

David Luther Woodward
David Luther Woodward
answered on Oct 23, 2022

I don't really understand your question, but intellectual property protections like trademarks, copyrights and patents protect the owner's rights, not yours nor that of the U. S. Government--while there are criminal infractions of various relevant statutes.

If you have permission...
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1 Answer | Asked in Copyright and Entertainment / Sports for California on
Q: Will pages of a script used as illustration in an ebook on screenwriting be covered under Fair Use?

I'm writing a 30 to 40-page e-book for screenwriters on how to incorporate hidden movie Easter eggs in their scripts to deepen the meaning of their story and keep viewers coming back to see their movie over and over again.

I'm analyzing three particular movies. Within the... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Oct 5, 2022

Copyright Disclaimer under section 107 of the Copyright Act 1976, allowance is made for “fair use” for purposes such as criticism, comment, news reporting, teaching, scholarship, education and research. Fair use is a use permitted by copyright statute that might otherwise be infringing.... View More

2 Answers | Asked in Copyright, Criminal Law, Employment Law and Personal Injury for California on
Q: California CCP 170.6. Granted Nov/21. Then I filed " BLANK " motion in August 2022 and the disqualified J is back ?

It's a commissioner not a judge . And the Honorable un separate action took RJN of the Disqualified Case. within consistent ' FACTS ' noticed. 3rd world....

Dale S. Gribow
Dale S. Gribow
answered on Sep 30, 2022

if this is a Commissioner and not a judge, just don't stipulate..........don't waste your 170.6

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1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: Can I get my handmade wire wrapped jewelry art protected by design by copyright or trademark
Erik Špila
Erik Špila
answered on Sep 29, 2022

In most cases, you can use all of them to get maximum protection. Each of these protect something different. At first you should perform trademark/design search to make sure there are no-conflicting prior rights and then decide what strategy suits you best.

If you need any further advice...
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1 Answer | Asked in Copyright for California on
Q: I want to write a small book using the stage names & likeness of famous rappers, what should I know?

I want to write a small book that would use rappers stage names, unique lyrics and likeness. At a high-level, what sort of of legal things should I know before writing this and what do you think the best next step is for me to navigate this?

James R. Dickinson
James R. Dickinson
answered on Sep 20, 2022

You need to be careful. Hire an attorney in your area to assist you. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Copyright and Internet Law for California on
Q: Have a copyright infringement question? can u help?

received a threatening letter to cease and desist for sharing a photo on facebook... it was a photo of a some mountains...nothing x-rated or of a person.....

I immediately deleted the photo...but received 2nd letter threatening and asking for money or else will go to court......what shall we do?

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 17, 2022

Likely a scam. Hard for them to get any money from you if they cannot prove much in the way of damages. Feel free to contact me for some assistance if you still need help.

2 Answers | Asked in Bankruptcy, Consumer Law, Contracts and Copyright for California on
Q: hey I have this assignment for a criminal law philosophy class I'm taking, I need help brainstorming

I can think of a few laws that fall under this idea, but none that are intriguing enough to write a paper about. Any ideas of a law that we regularly abide by even though it doesn't directly align with personal values?

"We have respect for the law, as an institution, even though... View More

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Sep 2, 2022

Not sure this meets your "regularly abide by" criterion, but, I practiced in Oklahoma City for 15 years, and there was a criminal law on the books sanctioning the "Abominable Crime Against Nature" (originally passed, it is surmised, to outlaw anything that gay people might do... View More

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Q: WHAT IF I SOMEONE HAS STOLEN MY SCHOOL PROJECTS FROM "96-09" AND HAS FILED AND OBTAINED PATENTS ACCORDINGLY?

ITS PRETTY DEEP. FROM BLUETOOTH TECH, AUDIO CONVERSIONS, AND BLOCKHAIN IN RELATIONSHIP TO DNA.

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 8, 2022

You still have copyright protection. You may not have patent protection depending on more factual circumstances of your case.

3 Answers | Asked in Contracts, Copyright and Intellectual Property for California on
Q: I am a digital artist. Legally, am i allowed to use 'U.S. Army' on the art i am making, and intend to sell?

https://trademarks.justia.com/779/16/u-s-77916097.html

- The term U.S. Army will be used on a characters uniform i have drawn. - if i sell the art with that phrase on it, are there any legal implications?

- I need real, concrete answers

Theodore Allan Greene
Theodore Allan Greene
answered on Jun 29, 2022

You appear to have done some of your own research based on the link you attached. To be absolutely certain you should contact them directly and/or sit down with an attorney who specializes in such matters. The second option probably the best since you could take a LONG time trying to get a... View More

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1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: Will my website idea violate any copyright and/or trademark restrictions?

I'd like to build a website where I create CAD models of various products and allow users to visually configure them together to see how it would look, and display stats based on their configuration. An example of this would be showing what one brand of rim would look like on another... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jun 27, 2022

The depiction of branded products as you describe, for illustrative and informational purposes, does not infringe the trademarks and is called "nominative fair use" just as it is for reviews and commentary, so long as you are not selling those products. Linking to the trademark... View More

2 Answers | Asked in Civil Litigation, Copyright, Insurance Bad Faith and Personal Injury for California on
Q: What if I haven't got my mail an important documents that I never received and effected my life
Dale S. Gribow
Dale S. Gribow
answered on Apr 27, 2022

MUCH MORE INFO NEEDED.

DID THE POST OFFICE SCREW UP OR SENDER?

DID THE DOCUMENTS GET MIXED UP INSIDE OTHER MAIL YOU WERE THROWING OUT.

I JUST WENT THROUGH THIS TOO.

I WOULD GO TO THE POST OFFICE TO HAVE THEM LOOK INTO IT.

WE SENT OUT INVITATIONS TO AN EVENT,...
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1 Answer | Asked in Contracts, Copyright and Arbitration / Mediation Law for California on
Q: Is there a statute of limitations for Arbitrations in California

My issue issue is primarily a breach of contract dispute that touches on the issue of film copyrights. The contract requires binding arbitration.

David H. Relkin
David H. Relkin
answered on Apr 12, 2022

The statute of limitations to bring a contract claim is the same as in New York, namely, four years. However, most contracts that provide for arbitration shorten such periods. In New York, the arbitrator rules on the statute of limitations but when interstate commerce is involved, the Courts may... View More

1 Answer | Asked in Copyright for California on
Q: If someone sends me a picture, do I have the right to sell it or is it still owned by the person who shot it/sent it?
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Mar 15, 2022

The photographer owns the copyright in the photo she takes, absent any agreement to the contrary or unless he/she is employed to take it, in which case the employer owns the copyright as a "work for hire."

If the photographer shares a copy of the photo, that does not convey any...
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1 Answer | Asked in Contracts, Copyright, Employment Law and Intellectual Property for California on
Q: Can I show designs I created under an NDA to another group within the same company?

As an engineering intern for a company, I designed things that cannot be shown to the public. After completing my internship, I kept my final presentation for my personal records -- I've never shown it to anyone outside the company and don't plan on doing so. Now, I am interviewing at the... View More

Neil Pedersen
Neil Pedersen
answered on Mar 8, 2022

First, this question is showing up on a California part of the site, but the information about you suggests you are in Indiana. Unless licensed in Indiana, a California attorney cannot ethically answer your question. If you are in Indiana you will need to direct this to attorneys in your state.... View More

1 Answer | Asked in Contracts, Copyright and Admiralty / Maritime for California on
Q: I need information about adverse possession please give me a call the phone number
Tim Akpinar
Tim Akpinar
answered on Feb 19, 2022

Your post covers Admiralty/Maritime together with Adverse Possession. Unless you're talking about seizure/arrest of a ship or boat, it's possible this could be closer to a real estate matter than a maritime law matter. If this involves real property (in the form of land, not vessels), you... View More

1 Answer | Asked in Contracts, Copyright, Employment Law and Real Estate Law for California on
Q: Can an amicus curiae brief be filed in US District Court that is a regular case, NOT an appeal case?

i.e. are friend of the court briefs ONLY for appeals? A lot of references out there are for amicus curiae for appeals in State and Fed Court. Can such a brief be filed for a case that is NOT on/an appeal?

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Feb 9, 2022

Friend of the court (amicus curiae) briefs are filed only in appeals, for non-parties to weigh in on what could be precedential legal issues. In lower courts, both state and federal, non-parties may not file papers but someone with substantial interest in the case might appear as an... View More

1 Answer | Asked in Copyright and Business Law for California on
Q: Can I sell Generic Dressing Wristbands, like "Ketchup" even if there is a Silicone Culinary id bands registered w/ USPTO

USPTO has a registered Mark for a similar product. But mine is a "Wristband" with Generic Dressing and or Spices words on them depending on what the buyer wants. Is there anything wrong here? Just making sure everything runs smoothly with this idea.??

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jan 29, 2022

The trademark registration to which you refer is for a design mark (an incomplete circle containing the wording "CULINARY ID BANDS" superimposed on a seasoning dredge, a squeeze bottle, and a juice bottle) used on silicone rubber identification bands for culinary use. The mark identifies... View More

1 Answer | Asked in Copyright for California on
Q: Do I have to pay for a Cease and Desist?

I received a Cease and Desist from a German company called Zielinski Legal, that works with a company called PhotoClaim, for using a photographers image on a blog post of mine in 2015. They are requesting I take the photo down AND reimbursement for copyright infringement and damages.... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jan 22, 2022

If you have liability it would be under US law.

It would be prudent to remove the image, now that you are on notice of a copyright infringement claim. Whether or not you have liability for damages, and how much could be claimed, are determinations that should be made by an experienced...
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