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California Copyright Questions & Answers
1 Answer | Asked in Copyright and Trademark for California on
Q: I received some sealed letter in the mail concerning a cash award that was to be sent to my house.

I have some paper that inform me that I may be a millionaire. I not sure what that mines. But i'm interested in what a lawyer saids about this award paper.

Maurice Mandel II
Maurice Mandel II
answered on Sep 13, 2021

To get a proper opinion, you have to show the attorney the letter. There are many scams out there, if you are asked to pay money in order to pay for the transfer of your million dollars, this is probably a scam. On the other hand, you may have just won the lottery. Cannot say without reading the... View More

1 Answer | Asked in Copyright for California on
Q: Is it legal to create a service that charges for short movie clips to be used in youtube videos?

Similar to Storyblocks, I had the idea of creating a service that consolidates short movie clips into one location so that they can be used for documentaries and video essays. I know there are many youtubers that use movie clips to help keep the viewer entertained, but I'm wondering if... View More

Robert P. Cogan
Robert P. Cogan
answered on Sep 21, 2021

Probably. More facts would be needed for an answer. The studios spend tremendous amounts of money to make the movies those clips come from. They tend to get upset when somebody takes their property for free.

There are probably legal ways to provide this service that do not involve copying...
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2 Answers | Asked in Copyright, Divorce and Intellectual Property for California on
Q: Is a video on a YouTube channel considered property?

During my marriage, my ex-wife shot video of our daughter, and years later I put it on a YouTube channel while we were still married but intending to divorce. Is the video, now that I've been divorced a few years, considered both of our property (as I've assumed), or her property since... View More

Jonathon Maddox
Jonathon Maddox
answered on Sep 21, 2021

The property would likely be joint, as it was shot during your marriage, and California is a community property state. As my colleague has pointed out, the big issue would be on how to properly value the video. But neither you posting it online, or her being the one to actually film it, matters... View More

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1 Answer | Asked in Copyright for California on
Q: Can i take a movie character pic turn it into a pixel pic and then into a nft and sell the nft for money?

Im trying to see if i take a picture of a disney character. Turn it into a pixelated picture and then in turn change it into an nft and sell it. Can disney come after me for copyright infringement?

Marcos Garciaacosta
Marcos Garciaacosta
answered on Aug 22, 2021

Don't do it. Yes they will come after you.

1 Answer | Asked in Copyright for California on
Q: Is it legal for Youtube to reinstate my copyrighted films when someone is falsely claiming that they own these films?

I make derivative works by colorizing b/w movies in the public domain. I upload them to Youtube on my channel. My films all have copyright notices on them so my versions are no longer PD.

A distributor in Germany downloaded them, attempted to remove my copyright notices and is now... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Aug 17, 2021

You definitely need to consult with an attorney.

You do have copyright common law rights just by creating your content, but a registration gives proof of title and ownership.

It is better to have registration and title to a property as the platforms take it as proof of your...
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1 Answer | Asked in Business Law, Copyright and Trademark for California on
Q: hi. you have a case belongs to Bristol-Myers Squibb & Gilead Sciences regarding the trademark of ARIVITY, right?

hi. you have a case belongs to Bristol-Myers Squibb & Gilead Sciences regarding the trademark of ARIVITY, right?

i own a domain name that makes the ownership stronger which is www.arivity.com

if you or your client interested in that let me know.

because usually... View More

Omar Darwich
Omar Darwich
answered on Aug 10, 2021

Im not sure I understand the question.

Was this individual reaching out to you to sell the domain name?

1 Answer | Asked in Copyright for California on
Q: I plan to sell apparel with printed quotes written by philosophers from centuries ago.

These quotes have been translated into English and published by multiple publishers throughout the years. Am I able to use these quotes translated into English on clothing and sell them?

Marcos Garciaacosta
Marcos Garciaacosta
answered on Aug 5, 2021

You need to contact an attorney to make sure you understand your risks and options.

1 Answer | Asked in Copyright for California on
Q: Are big media companies likely to sue you even if the Youtube videos are obviously fair use?

I want to make Youtube parody ( obviously transformative) videos based on popular tv shows and movies. Even if they might be under " fair use", I understand that it's only a legal defense and Youtube Content ID system may automatically flag the videos too. I'm just wondering,... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Aug 3, 2021

They could, will depend on the type of parody and how much content you use

1 Answer | Asked in Copyright and Trademark for California on
Q: Who owns the 'Dementialand' trademark?
Omar Darwich
Omar Darwich
answered on Jul 31, 2021

You can usually check these things at the USPTO's website.

Look for the TESS link

1 Answer | Asked in Copyright for California on
Q: Is it legal to record myself playing all instrument parts of a copyright song & mix/master the song 4 my own education?

(The recording, mixing, and mastering would be done in Logic Pro.) Also, if it is legal, would I not be able to let anyone hear my Logic Pro re-creation?

Marcos Garciaacosta
Marcos Garciaacosta
answered on Jul 30, 2021

Depends

you should consult with an attorney to understand your risks

best luck

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for California on
Q: This is our grandfather and we are getting zero royalties from any of his patents.

Please ask in person or on the phone.

Marcos Garciaacosta
Marcos Garciaacosta
answered on Jul 25, 2021

Consult with an attorney.

It will depend if your grandfather licensed or assigned his rights.

Also patents expire, so if it was long time ago, it is natural that the royalties stopped.

3 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for California on
Q: How long is a "patent pending" status good for and what happens after this period ?
Liliana Di Nola-Baron
Liliana Di Nola-Baron
answered on Jul 8, 2021

"Patent Pending " means that an application for a patent has been filed for the particular product, system or method with the United States Patent and Trademark Office (USPTO). The status "Patent Pending " ends with the final disposal of the application by the USPTO, which... View More

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1 Answer | Asked in Copyright for California on
Q: A reporter is hired, short term, by the federal government to write for them. Government releases his writing to (MORE)

general press pool, which uses it without byline credit or payment. It is further picked up by his previous employer, a major newspaper, to publish under his byline, which they do. His employment by government is kept secret and the major newspaper makes it appear that he is writing for them.... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Jul 5, 2021

Very complicated scenario. Lots of moving parts.

You need to consult with an attorney to sort out all the pieces.

Q: What document should I use for my blog?

It would be great to have a document for guest writers, regular contributors, and anyone that submits anything to my site (written or media) to allow me and my website to publish their name and work on the site. What kind of document do I need? A consent form, an agreement, or something with a... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Jul 5, 2021

You need a contract where they license or give you the rights to their content.

Consult with an attorney.

1 Answer | Asked in Copyright and Intellectual Property for California on
Q: If I was writing a story with a friend and they abandoned/gave up their rights, does it make me the owner now?

A friend of mine and I were both writing a story together with the intent to publish it once we were fully done. I'm aware that this makes us both co-authors to it. However, they decided to give up on the story, transferred ownership of the documents since we were using Google Docs to write... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Jul 5, 2021

To be safer have everything in writing. Consult with an attorney.

3 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for California on
Q: USE OF CANNABINOIDS IN THE TREATMENT OF INFLAMMATORY SKIN DISEASES GW pharmaceuticals Can I apply for a patent

I’ve developed a few process to extract cannabinoids from the cannabis plant and after reviewing GW patents am I able to apply for any patent concerning cannabis?

Thank you

Liliana Di Nola-Baron
Liliana Di Nola-Baron
answered on Jul 1, 2021

In general, processes for extracting cannabinoids are patentable. Having said that, you should hire a patent atto

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1 Answer | Asked in Copyright and Entertainment / Sports for California on
Q: Is it alright to use the Santa Cruz logo but change the name instead?
Marcos Garciaacosta
Marcos Garciaacosta
answered on Jun 30, 2021

No

You must consult with an attorney to evaluate your options and risks

3 Answers | Asked in Copyright, Intellectual Property and Trademark for California on
Q: If I create a domain name, and if the domain name happens to be someone's Twitter handle, is that a illegal?

In other words, if the domain name I've created and purchased also turns out to be someone's personal Twitter handle (not a business), would that be a violation of any copyright/trademark/intellectual property laws?

Omar Darwich
Omar Darwich
answered on Jun 27, 2021

The most likely answer you're going to get here is "it depends".

You should feel free to consult with an attorney so you can discuss more specific facts.

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1 Answer | Asked in Copyright and Probate for California on
Q: Can I inherit my father's patents?

Wallace Tessmer was my father.

Marcos Garciaacosta
Marcos Garciaacosta
answered on May 31, 2021

Yes you can

Check his will or trust

Make sure it went through probate

Check if the patents are still active

Consult with an attorney to understand your options

2 Answers | Asked in Copyright and Entertainment / Sports for California on
Q: What are my chances with an Incidental Fair Use Defense? and how much to Defend my rights?

I'm a journalist with a Youtube channel that covers local news at Venice Beach. I did a 30-minute story on the reopening of Venice Skate park and during the story, you can hear 60 seconds of incidental music playing in the background. I received a copyright notice from the music owner.... View More

Robert P. Cogan
Robert P. Cogan
answered on May 24, 2021

Based on the limited set of facts, this appears to be worth looking into. We are not allowed to seek business through the Q&A. You need to look someone up in the Justia Lawyer Directory. However, I would note that I work with LA County and Ventura County.

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