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Nevada Copyright Questions & Answers
1 Answer | Asked in Copyright and Intellectual Property for Nevada on
Q: Can I use snippets of lyrics from songs with full attribution in a journal, where the quotes/lyrics are incidental?

I am looking to creating a Trading Journal that includes suggestions, reminders, and best practices for traders to follow. For example: In a section where I mention that you need to take a loss if the market moves against you, I could use a quote/lyrics from Led Zeppelin such as "Cryin'... View More

James L. Arrasmith
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answered on Jan 3, 2024

Incorporating song lyrics into your trading journal requires careful consideration of copyright law. Copyright protects original works of authorship, including lyrics, and using them without permission can lead to infringement issues.

Fair use is a complex legal doctrine that allows...
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1 Answer | Asked in Trademark, Copyright and Intellectual Property for Nevada on
Q: Can I use royalty free car photos in my game if I blure out the logos and other trademarks of the brand?
James L. Arrasmith
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answered on Dec 15, 2023

Using royalty-free car photos in your game, even with blurred logos and trademarks, requires careful consideration of copyright and trademark laws. While blurring the logos and trademarks might reduce the risk of direct trademark infringement, it does not automatically clear legal hurdles,... View More

1 Answer | Asked in Copyright for Nevada on
Q: Can I be sued by someone who copyrights a phrase for clothing even though the design of clothing I made predates it?

I designed a specific shirt in 2017 someone filed for a copyright of the specific phrase on the shirt in 2018 it didn't get approved until 2019 and their lawyer is coming after me in 2023 sending me a cease and desist. What options are available to me here?

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Oct 1, 2023

This appears to be a trademark matter, not copyright. If you used a trademark for apparel and someone else applied to register the same mark based on use later than yours, you have priority. This is not only a defense to the claim of infringement, it may be grounds for cancellation of the... View More

1 Answer | Asked in Copyright and Intellectual Property for Nevada on
Q: I reproduce album cover art using paper as a medium. Is it copyright violation to create and/or sell the reproductions?
James L. Arrasmith
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answered on Sep 11, 2023

Creating and selling reproductions of album cover art could potentially infringe on the copyrights held by the original creators, as album cover art is generally protected by copyright law. If you are reproducing the art precisely or creating works that are substantially similar to the originals,... View More

1 Answer | Asked in Copyright and Intellectual Property for Nevada on
Q: i was writing a story about Bluto and other Popeye characters would this be something i can do or is this infringement

so i iv seen that popeye him self ist 100% public domain but i was trying to write a story evolving the characters from that "universe" but i dont want to get the ball rolling and end up infringing (this project isn't necessarily for profit but on the off chance it takes off )

Eric Estadt
Eric Estadt
answered on Jun 9, 2023

Generally speaking, if there is doubt about whether you have permission, it is best to seek permission.

As I understand, because the original comic strips involving the Popeye character were created as a "work for hire" in the United States, they will not enter the public domain...
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1 Answer | Asked in Copyright for Nevada on
Q: Can I get in big trouble for watching anime on an illegal site?

The site I used was 9anime.id. Im just a kid and I dont want to go to jail so I came here to ask about this. The show I was gonna watch was spy x family its really good.

Marcos Garciaacosta
Marcos Garciaacosta
answered on Aug 1, 2022

Yes you can. do not do i.t

1 Answer | Asked in Copyright, Tax Law, Traffic Tickets and Collections for Nevada on
Q: what can i do about an collection of a insurance claim
Joel Gary Selik
Joel Gary Selik
answered on Mar 27, 2022

If you could provide more details, that would assist in getting the best answer.

1 Answer | Asked in Copyright and Intellectual Property for Nevada on
Q: Can someone Trademark the name if it's already Copyrighten?

I have Animation Characters Copyrighten. I've Copyrighten the name as well. We haven't been picked up by a studio yet nor or we published. We plan on selling merchandise and kid's clothing moving forward once we have sold the brand.

Marcos Garciaacosta
Marcos Garciaacosta
answered on Nov 20, 2021

It depends.

You need to consult with an attorney, there are different criteria used to determine whether a trademark can be granted or not.

1 Answer | Asked in Copyright, Estate Planning, Business Law and Intellectual Property for Nevada on
Q: My late husband had semiconductor patents. I haven't probated yet and not sure what needs to be done. US4,697,332
Marcos Garciaacosta
Marcos Garciaacosta
answered on Jun 7, 2021

Talk to an attorney

Patents are property, but they expire, so depending on when he got them you may or may not have any valuable assets

1 Answer | Asked in Copyright for Nevada on
Q: Supplemental Interrogatories

I’m a pro se litigant - the opposing counsel refuses to answer my supplemental interrogatories that I sent to him via e-mail (he had also transmitted his via e-mail). Is it best to re-send in a pleading format or is this a moot issue?

Timothy John Billick
Timothy John Billick
answered on Sep 28, 2020

You should comply with all federal and local rules when submitting discovery requests. Without knowing more about this particular case, my recommendation would be to play it safe, follow the rules, and submit on pleading paper.

1 Answer | Asked in Copyright for Nevada on
Q: Do wardrobe people need special permission to show a designer's fashion on media?

I was wondering if the people who arrange and take care of all the costumes and accessories that are worn by actors need to have special permission by a specific brand to show certain fashions in television and/or films?

Evelyn Suero
Evelyn Suero
answered on Jul 27, 2020

Generally speaking, you can show the fashions if the products are being used as it was intended by its manufacturer and the brand is not being tarnished.

1 Answer | Asked in Copyright and Trademark for Nevada on
Q: Would it be illegal to take inspiration from something trademarked by its company?
William Scott Goldman
William Scott Goldman
answered on Jul 8, 2020

Please provide further clarification as I don't really understand the question...thanks!

3 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Nevada on
Q: Who owns the intellectual property (photo), if a friend used my cell phone to take the photo of my property?

My friend used my cell phone to take a picture of my sound bowl and it came out beautiful. She he says the picture is his intellectual property. Although the cellphone used to take the picture and the sound bowl is mine. Who owns the photo?

Kevin E. Flynn
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Kevin E. Flynn
answered on May 27, 2020

This is not a patent question so I will defer to an attorney in your state to give you a formal answer.

To get some background on copyright from a reliable source. Here is a link to the Frequently Asked Questions Page by the US Copyright Office....
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1 Answer | Asked in Copyright for Nevada on
Q: Is it considered copyright infringement to use the phrase "Sam I Am" in a marketing campaign?

The phrase will not be used in a fashion or style similar to Dr. Seuss's use, but used solely in a fashion as to say "Sam I Am...Trustworthy, experienced, honest...etc.

Marcos Garciaacosta
Marcos Garciaacosta
answered on Feb 9, 2020

It will depend on many factors, whether somebody already has it registered, or using it.

You need to have a serious sit down consultation.

1 Answer | Asked in Copyright and Trademark for Nevada on
Q: Who owns this trademark? Urban genius ??

I also have an LLC by the name of urban genius LLC registered one 3 states

Marcos Garciaacosta
Marcos Garciaacosta
answered on Sep 30, 2019

As far as trademark use is concerned, the name of the company may not have an effect on it.

Typically whoever has been using it first may have some rights to it as a trademark, may be broad or limited.

Registration gives presumption of ownership, but it is rebuttable.

1 Answer | Asked in Contracts, Copyright, Civil Litigation and Communications Law for Nevada on
Q: Is it illegal to post an ad on a dating app of an ex saying this person uses drugs and lies to manipulate people.

The photo from that person’s dating profile would be used in this hypothetical. The statements are true.

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Aug 24, 2019

Yes, it is illegal--at least in the sense of possibly being defamatory, which is actionable in most if not all states. However, truth is usually an absolute defense in most if not all states too. Practically speaking, no lawyer would ever advise any client to go online in a public forum to do what... View More

1 Answer | Asked in Copyright, Personal Injury and Internet Law for Nevada on
Q: What can I do if someone is sharing my explicit content that I've made, directly to their own underage community?

[redact]

Marcos Garciaacosta
Marcos Garciaacosta
answered on Feb 27, 2019

if the content is yours you can stop them to use it.

If they are using a platform like youtube you can get youtube to help stopping them.

It always helps to have a copyright registration.

Contact me if you need any consultations

2 Answers | Asked in Copyright, Intellectual Property and Trademark for Nevada on
Q: If im only going to operate within the U.S.A, do I need to have an International Classification on my trademark?
Marcos Garciaacosta
Marcos Garciaacosta
answered on Feb 21, 2019

yes

that is the standard

the numbering system used by USPTO follows the international classification.

It wasn't completely clear what you were asking, so you may want to contact us off line

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1 Answer | Asked in Copyright for Nevada on
Q: Hello, I would like to create a stranger things eyeshadow palette and wanted to know how to go about it?

The palette does not have stranger things on it. It is not called stranger things. It only has a fanart photo for the cover of the characters but does not have the wording stranger things anywhere on it. Can I get into trouble for it?

John Espinosa
John Espinosa
answered on Jun 24, 2018

Yes you can still get into trouble for it.

1 Answer | Asked in Copyright for Nevada on
Q: Hello, I am trying to come out with an eyeshadow palette that is themed stranger things. Can I get into trouble?

I cannot find anything online about their copyright or how to even contact somebody to see if I could get approval to do this project. What would happen if I created this pallet without permission?

John Espinosa
John Espinosa
answered on Jun 24, 2018

If you are marketing it as a stranger things theme then you can expect legal action for infringing on their rights. The right to use the name is covered by trademark law. Here is the trademark ownership info for stranger things: https://trademarks.justia.com/867/68/stranger-86768141.html... View More

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