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Texas Copyright Questions & Answers
3 Answers | Asked in Copyright, Criminal Law and Intellectual Property for Texas on
Q: Someone is posting stolen pictures of my minor child that were taken by me on the internet without my consent.

What can I legally do about that to prevent it from happening in the future ?

John Michael Frick
John Michael Frick
answered on Mar 18, 2023

You need to determine how they are stealing photographs you take.

If you are using your phone, have they managed to hack it?

If you are using a camera, do they work at the store where you take your camera when you want to print out a hard copy?

Or are you posting them on...
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2 Answers | Asked in Copyright, Tax Law, Business Formation and Business Law for Texas on
Q: Where can i file the cheapest LLC in Texas?
John Michael Frick
John Michael Frick
answered on Mar 12, 2023

All limited liability companies are registered with the Texas Secretary of State. The filing fee is the same statewide.

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1 Answer | Asked in Copyright, Intellectual Property and Trademark for Texas on
Q: I painted a painting with my coworkers at an event paid for by my manager. I quit and they won't return it. Is thisLegal

I painted a painting with my coworkers at an event paid for by my manager. It is a painting of my cat with my name on it. I quit working there and wanted the painting back and my manager said if I come to get it back it's theft. Is there anything I can do or do they legally own it because they... Read more »

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Mar 10, 2023

The ownership of the painting may depend on the specific circumstances of the event and any agreements made between you, your coworkers, and your manager. If there was no explicit agreement made about ownership of the painting, it may be considered jointly owned by all of the individuals who... Read more »

1 Answer | Asked in Copyright and Intellectual Property for Texas on
Q: photo club website is posting member's images without watermarks and without permission

photo club website is posting member's images without watermarks and without permission, as well as no basic level of image protection (i.e. right click disable). Members want watermarks/permissions but club is refusing. How to respond to their refusal? Which laws are they violating?

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Feb 25, 2023

If a photo club website is posting member's images without permission or without proper attribution, they may be in violation of copyright law. Copyright law protects the rights of creators to control the use and distribution of their original works, including photographs. The members of the... Read more »

1 Answer | Asked in Copyright and Intellectual Property for Texas on
Q: Can I put a copyrighted sticker on a cup to sell if I bought the sticker from the copyright holder?

For example- If I buy a sticker from Disney and I put the sticker I purchased on a cup and I sell the cup would that be legal since I did not make the sticker. I would also be purchasing the sticker legally from them.

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jan 21, 2023

Yes, thanks to the "first sale doctrine" codified at 17 U.S.C. § 109, which provides that an individual who knowingly purchases a copy of a copyrighted work from the copyright holder receives the right to sell, display or otherwise dispose of that particular copy, notwithstanding the... Read more »

1 Answer | Asked in Copyright and Intellectual Property for Texas on
Q: Will it work if I register my work with the US Copyright Office as unpublished, then later decide to publish it?

If I register my work with the US Copyright Office as unpublished, then later I decide to publish my work, will I still be protected, and will I still be able to use my copyright paperwork if needed?

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jan 2, 2023

You can apply to register the unpublished work and submit a copy. But when you publish it, you should then apply to register the published work and submit what the copyright office calls the "best edition".

1 Answer | Asked in Business Formation, Business Law and Copyright for Texas on
Q: can I sell keychains coming from china with celebrities images at my e-commerce store online?

I'm looking to sell some stuff online at my store and it came to my mind some funny keychains with some celebrities images on it and just wondering about laws, copyright and I'm pretty sure I can't do that but doing some research like Etsy, Ebay and other e-commerce stores selling... Read more »

Steve Charles Vondran
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Steve Charles Vondran PRO label
answered on Dec 17, 2022

Though keychains featuring celebrities may be fun to collect, it is important to remember that it is not legal to sell these items without permission from the celebrity or their representatives. Doing so can infringe on copyright, trademark and right of publicity protections that are granted to... Read more »

2 Answers | Asked in Employment Law, Copyright and Intellectual Property for Texas on
Q: can i get in trouble for using pictures i took for work, for personal matters?

for personal matters, not to sell the pictures

John Michael Frick
John Michael Frick
answered on Nov 23, 2022

If the pictures were creative works, you could be violating your former employer's copyright interests in such works. Typically, under the work for hire doctrine, the copyright for creative works made by an employee belongs to the employer, not to the individual employee that created them.... Read more »

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2 Answers | Asked in Contracts and Copyright for Texas on
Q: What to add in an art contract to sell for profit later?

The artist gave me a drawing and says i will have total rights to do whatever i want with it. I want to sell the same drawing to multiple people and publicize it. What things should i include in the contract that basically says, the artist's drawing is no longer theirs and I can sell and do... Read more »

Steve Charles Vondran
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Steve Charles Vondran PRO label
answered on Dec 17, 2022

A copyright assignment agreement is an important document that makes terms between the assignor and assignee about transferring ownership of a copyright. The essential elements contained in a copyright assignment agreement include terms regarding the duration of the license and geographical region... Read more »

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2 Answers | Asked in Contracts, Copyright, Tax Law and Business Formation for Texas on
Q: I need a trademark lawyer
Carli Jo Aelker
Carli Jo Aelker
answered on Nov 12, 2022

Hi! Unfortunately this is not the place to retain an attorney, it is a forum for legal questions. You should reach out to a trademark attorney privately.

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3 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Texas on
Q: Can the formula for a specific type of concrete be patented?

I have developed a type of concrete specifically for my use making Anaerobic Digesters, which exhibits specific properties beneficial to the structure and operation of Mesophilic Anaerobic Digesters intended to be installed and operated as generational (extended time-frame) projects.

Stephen E. Zweig
Stephen E. Zweig
answered on Nov 9, 2022

Yes. Like all patents, however, the formula needs to be novel and not obvious. Check patents.google.com or other source to see prior art on concrete formulas. The good news and bad news is that there are a lot of concrete formula patents ahead of you. The examiner will be looking at your patent... Read more »

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1 Answer | Asked in Copyright and Intellectual Property for Texas on
Q: My sister wrote a book and put my name and private info about my molestation with father in it without my permission.
John Michael Frick
John Michael Frick
answered on Nov 2, 2022

Writing a book based on familiarity with events that occurred in real life is not a copyright infringement.

Now, if you had written a book about your experience and your sister then wrote her own book using part of what you had written in your book, then there might be copyright infringement.

2 Answers | Asked in Copyright, Trademark and Intellectual Property for Texas on
Q: If I have created a cartoon character (original drawing) how do I protect it from being used (name or design) by others?

I have a character that I have designed and I have a name for that character. I plan to feature the character in merchandise, apparel, comic strips, digital media, original stories, posters and other artwork. How can I protect my character and character name from being used by other businesses or... Read more »

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Oct 8, 2022

The cartoon character can be the subject of a copyright registration, and its name can be a registered trademark.

You should register the copyright of a set of drawings that show the character in various poses from different angles.

Then, if the name of the character is novel and...
Read more »

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1 Answer | Asked in Copyright, Intellectual Property and Internet Law for Texas on
Q: Is it legal to create a website on the topic of quotes? I'm thinking of starting a quotes site, with curated content.

The website would specifically be ALL about quotes. Inspirational, motivational, etc.

Erik Špila
Erik Špila
answered on Oct 3, 2022

Many websites use same concept and they always state the author of the sentence. This should be legal in most of jurisdiction throughout the world. However do not cite large portions of texts from the books.

1 Answer | Asked in Consumer Law and Copyright for Texas on
Q: how do you sum up the case of Zippo Mfg. Co. v. Zippo Dot Com, Inc.,
Steve Charles Vondran
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Steve Charles Vondran PRO label
answered on Sep 7, 2022

To my best understanding of the case, Zippo Manufacturing Company sued Zippo Dot Com, Inc. for copyright infringement. Zippo manufacturers lighters, and Zippo Dot Com operated a website that sold a variety of lighter-related products, including cases, flints, and wicks. In its complaint, Zippo... Read more »

1 Answer | Asked in Copyright and Trademark for Texas on
Q: I own an Instagram account that is the name of a company and they are wanting me to delete or hand it over.

I do post content relative to their service/product but I can remove or change it. I also added “Not affiliated with business name” in the bio.

Sergiy M Sivochek
Sergiy M Sivochek
answered on Aug 8, 2022

This question lacks sufficient detail to provide a meaningful answer. These types of demands are rather frequent and they are always very fact-specific. Sometimes those demands are warranted and sometimes not. The most important question here is whether the company that sent you that demand can... Read more »

1 Answer | Asked in Copyright for Texas on
Q: I am writing a film workbook and I want to basically copy and paste movie titles into it. Will that be an issue?

Many of the fonts used in these movie titles are customized just for the title of the film.

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Aug 1, 2022

The titles are not the subject of copyright, so their use to refer to the movies is not infringing.

1 Answer | Asked in Copyright for Texas on
Q: If you leak OnlyFans content on a forum will you be arrested or charged?

A forum where all people do is post OnlyFans leaks is there a possibility of doing jail time? Or prison time?

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

Copyright infringement of this sort is a civil matter, so you should not fear criminal consequences.

You should, however, mitigate the possible damages by removing the post that infringes.

1 Answer | Asked in Copyright, Intellectual Property, Patents (Intellectual Property) and Trademark for Texas on
Q: Is it legal to use screenshots from software I've purchased, in training course material I create and sell - screenshots

only, not the software itself - without compensation to or permission of software seller?

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on May 3, 2022

There is not a patent question here. This is a question of your end user agreement and possibly copyright law.

1 Answer | Asked in Copyright and Trademark for Texas on
Q: Can I legally use the name Soul Snatcher for fishing lures and tackle?

This will include soft and hard baits, fishing rods, fishing accessories, and apparel.

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Apr 30, 2022

There is a live registration for SOULSNATCHAS (phonetic equivalent) in the category for apparel, another for SOUL SNATCHER in the category for adult sexual stimulation aids, and a pending application for SOUL SNATCHER in an apparel-related category, so those would preclude new registrations in... Read more »

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