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Texas Copyright Questions & Answers
1 Answer | Asked in Copyright for Texas on
Q: I received a notice from ISP to take action on a copyright infringement or else they will release my name to the court.
James L. Arrasmith
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answered on Nov 15, 2024

This is a serious situation that requires prompt attention. Copyright infringement notices from ISPs typically mean your internet connection was flagged for downloading or sharing copyrighted material without permission. These notices often serve as warnings before legal action begins.

You...
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1 Answer | Asked in Copyright and Trademark for Texas on
Q: Can i name my clothing line "River Oaks"?
James L. Arrasmith
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answered on Oct 29, 2024

Choosing the name "River Oaks" for your clothing line is a thoughtful decision. It's important to first check if the name is already in use within the fashion industry or if it's trademarked. Conducting a thorough search through trademark databases and business registries can... View More

2 Answers | Asked in Business Formation, Copyright, Intellectual Property and Trademark for Texas on
Q: Can I use the name of a film/TV show in my travel guide that highlights its filming locations?

I want to make and sell digital travel guides that center around filming locations for specific movies and tv shows. My goal is to educate travelers on where the film locations were, how to get there, and general facts about the place (weather, time zone, etc.). Would using the title of the... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Oct 15, 2024

Although the content of television programs and movies are the subjects of copyright, their titles are not. To use the titles in the way you propose, merely to name them for reference, is legally permissible as "nominative fair use".

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3 Answers | Asked in Copyright, Entertainment / Sports and Intellectual Property for Texas on
Q: Making a motion-comic with real copyrighted music synced to it! Legal to tell readers to listen to specific song?

Is it legal to tell my readers to listen to specific songs at certain times in my motion-comic? For example, having a notice at the start of the comic telling readers that the comic is read best with certain songs to accompany it, and saying "Now Playing: *Song Name*" at the top of my... View More

Alan Harrison
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answered on Oct 7, 2024

I would want to think more about this before giving an opinion you could rely upon. First thought is that this seems like it MIGHT be a viable way to escape the need for a "sync license" as you would not personally be synchronizing the music to the images. But there may be court cases... View More

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1 Answer | Asked in Copyright and Civil Rights for Texas on
Q: I filed a case in us district court against a police officer. My complaint swore on the dash and body cam will show his
James L. Arrasmith
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answered on Oct 6, 2024

If you have already filed a case against a police officer in U.S. District Court and your complaint relies on dash and body cam footage, it's crucial to ensure this evidence is properly preserved and presented. The first step is to request the footage as part of the discovery process. You can... View More

1 Answer | Asked in Copyright and Products Liability for Texas on
Q: If using a LLM to create code layout from an image snapshat I took. Can I use that to create a layout to sell?

Any images within the original image will not be used in the final product. Output will use a different css framework as the original layout and there will be slight differences in functionality and positioning of elements, etc. Basically I'm looking for copyright advice and if there is any... View More

James L. Arrasmith
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answered on Sep 25, 2024

When creating a code layout based on an image snapshot, copyright concerns depend on how closely the final product resembles the original. Since you’re using a different CSS framework and making modifications to functionality and positioning, you are introducing enough changes to reduce the risk... View More

1 Answer | Asked in Business Formation, Copyright and Gaming for Texas on
Q: Is it illegal to create a game stockfootage business, where you record game footage and sell it to creators?

Could be indie or a AAA title game

James L. Arrasmith
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answered on Sep 22, 2024

Creating a business around selling recorded game footage can be legally tricky. Most video games, whether indie or AAA, are protected by intellectual property laws. When you record gameplay, you are capturing someone else’s copyrighted content, so you would need permission from the game's... View More

2 Answers | Asked in Copyright and Intellectual Property for Texas on
Q: Can I sell custom home decor that plays a celebrity song? It was going to be upcharged service fee

I'm making home decor type gifts customizable, a customer can request the item to play their favorite celebrity song or tune. I Want to know if I can legally do this and if I can have item play either full song, partial song, just chorus, or instrumental

Jennifer Newton
Jennifer Newton
answered on Sep 9, 2024

Your idea of creating customizable home décor that plays celebrity songs is a unique and creative venture. However, using copyrighted music in products raises several legal concerns, and it’s essential to ensure you're compliant with intellectual property laws.

Here are a few key...
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1 Answer | Asked in Copyright, Entertainment / Sports, Intellectual Property and Trademark for Texas on
Q: Can my wife be sued for TikTok or Instagram content that uses edited audio book clips?

My wife cosplays a book character on TikTok and Instagram. In many of her videos she uses audio that another creator has edited together from the Graphic Audio Book. All less than a minute long. On TikTok the sound links automatically to the other creator, but on Instagram she tags the creator of... View More

James L. Arrasmith
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answered on Sep 5, 2024

If your wife received a direct request from Graphic Audio Book to remove videos containing their audio, she should take it seriously. The company may have the legal right to protect its copyrighted material, even if it is edited or used in short clips. Ignoring the request could lead to potential... View More

1 Answer | Asked in Copyright and Trademark for Texas on
Q: Is there is a patent for Icee/Slurpee drain/drip pans. My grandfather created a plastic one to replace metal ones.

7-11 or Southland Corp in the 80's had Icee machines with a metal drip/drain pan. This needed replaced often due to carbonation causing erosion. My grandfather designed a plastic one which 7-11 stores began using. He never patented this. I believe I still have the design blueprint. How can I... View More

James L. Arrasmith
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answered on Aug 24, 2024

You mentioned that your grandfather created a plastic drip pan for Icee/Slurpee machines that 7-11 stores used, but he never patented it. To explore whether a patent already exists for this type of invention, you can start by conducting a patent search through databases like the USPTO’s Patent... View More

2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Texas on
Q: Hi, I have developed a prototype solution and would like to know how I can file for patent of this product.

I have developed a solution to integrate Blood Collection , distribution and stakeholders. I would like to patent this solution so that I can seek for investments to build a complete product.

Regards

Natia Kurdadze
Natia Kurdadze
answered on Aug 19, 2024

Filing a patent for your prototype solution involves several steps. Here’s a general overview of the process:

1. Determine the Type of Patent

Utility Patent: Protects the functional aspects of your invention.

Design Patent: Protects the ornamental design of your invention....
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2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Texas on
Q: Can I patent an idea

I had plans of creating a prototype of an idea. Due to a health issue, I unfortunately have limited time in terms of life. I want to be able to carry out this invention but am afraid that once I leave, the people I share this idea with, will say this idea was thought of by them when that is clearly... View More

Jeffrey R. Schell
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Jeffrey R. Schell
answered on Aug 5, 2024

I'm sorry to hear about your health situation, and I understand your concerns about protecting your invention. It's commendable that you want to secure your intellectual property and ensure your ideas are recognized as your own.

To address your question: yes, it is possible to...
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3 Answers | Asked in Copyright, Intellectual Property and Trademark for Texas on
Q: I want to print personal wear of evangelion characters and logo. I do not want to make a business out of it. I’m I able?
Robert Z. Cashman
Robert Z. Cashman
answered on Jul 18, 2024

The concept of "personal use" in copyright law is complex and varies by jurisdiction. In some countries, there's a distinction between making a single copy for personal use and creating multiple items, even if they're not for sale.

In the U.S., the "Fair Use...
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3 Answers | Asked in Copyright, Intellectual Property and Trademark for Texas on
Q: I’m an Etsy seller and someone claimed IP on an item. But all they have is an application for said item. Not approved.

Is this illegal to shut someone’s listing down when you really don’t hold the approved IP yet? And what are my options.

Thanks.

John Michael Frick
John Michael Frick
answered on Jul 9, 2024

Normally, online marketplaces like Amazon and Etsy require merchants selling items on their platforms to prove they own or have a license to use IP when a complaint is made. People and companies legitimately selling products in online marketplaces can usually provide proof of ownership or... View More

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1 Answer | Asked in Copyright, Trademark and Intellectual Property for Texas on
Q: Using "This Is The Way" to signify going to the next page on my website - would this be copyright or trademark on LucFm?

This phrase would be on my website, purely for fun and signifying a linked button that would advance them to another page. I am wondering if this would be considered copyrighting or trademark against LucasFilms?

James L. Arrasmith
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answered on May 31, 2024

Using the phrase "This Is The Way" on your website to signify going to the next page could potentially raise concerns with Lucasfilm, as the phrase is strongly associated with their "The Mandalorian" series. While it might seem like a fun and harmless addition, it is important... View More

1 Answer | Asked in Copyright and Intellectual Property for Texas on
Q: I make memes and I get clips from other creators.Creators I get clips from don't have a way to contact them.

Can I be sued for this.

James L. Arrasmith
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answered on Apr 18, 2024

The legality of using clips from other creators in your memes without their permission depends on the specific circumstances and whether your use falls under "fair use." Fair use is a legal doctrine that allows limited use of copyrighted material without permission from the rights holders... View More

1 Answer | Asked in Contracts, Copyright, Business Law and Employment Law for Texas on
Q: Do I have legal rights to photos and videos taken while working at a company?

For two years I worked at a dog training company. During this time I took photos and videos of the dogs and training for my personal social media, the companies, and for owner updates. When a past employee left the company she was told she wasn’t allowed to keep the images posted to her social... View More

James L. Arrasmith
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answered on Mar 2, 2024

When you create content such as photos and videos while working for a company, the ownership of that content often depends on the terms of your employment and any agreements you might have signed. In the absence of a specific contract regarding media rights, the situation can become complex.... View More

1 Answer | Asked in Copyright and Intellectual Property for Texas on
Q: Can I create an illustration for publication that contains 3 characters from a movie or a room from a reality show?

I have written a book and hired an illustrator to create artwork for each chapter. The book is very tongue-in-cheek, and the illustrations are whimsical. One of the chapters is about group resources, such as support groups. There is a movie that has a support group scene, and I was hoping to... View More

James L. Arrasmith
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answered on Feb 21, 2024

Including characters from a movie or a room from a reality show in your illustrations could potentially infringe on copyright or intellectual property rights, depending on the specific circumstances. While your illustrations may be whimsical and cartoony, if the characters or settings are... View More

1 Answer | Asked in Copyright and Intellectual Property for Texas on
Q: A company owe us money( big games LLC) they issue false DMCA notice. Then we issue counter notice( BEspoke Plush LLC).
James L. Arrasmith
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answered on Feb 21, 2024

It sounds like you're dealing with a challenging situation with Big Games LLC. When a company issues a false DMCA notice against you, it can indeed be frustrating and concerning. However, it's positive that you took action by issuing a counter notice through Bespoke Plush LLC. This step... View More

1 Answer | Asked in Copyright and Intellectual Property for Texas on
Q: I have a product in mind that I would like to sell, It includes sonic the hedgehog, don't know if i'm allowed to sell it

It is a cool idea, I am really interested in selling my idea of a product but I don't know if I would get in legal trouble with SEGA, the owners of sonic the hedgehog

James L. Arrasmith
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answered on Jan 28, 2024

When considering selling a product that involves a character like Sonic the Hedgehog, it's important to be aware of intellectual property rights. Sonic is a trademarked character owned by SEGA, and using it without permission could lead to legal issues.

Before proceeding, you should...
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