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Texas Copyright Questions & Answers
2 Answers | Asked in Copyright for Texas on
Q: I am a novice author. It has mostly. Been a hobby but I would like to try to get some of my work published.

I like to use titles of songs as chapter titles when a song would be a good theme for the chapter. I want to know if that would violate copyright law. If not then can I tell people the titles are like a soundtrack or would that have to be something they have to figure out on their own.

If... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Feb 5, 2025

Titles of works (including songs) are not subject to copyright, so it is not infringing of the works to use the titles as chapter titles. In fact, it has been done many times before.

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1 Answer | Asked in Copyright, Business Law, International Law and Internet Law for Texas on
Q: I want to buy Japanese Pokemon cards from a Wholesaler in Japan to resell them in USA on my website. Is this legal?

I see everyone re-selling pokemon cards online. I see it on tcgplayer.com, ebay, personal websites, tiktok, whatnot, etc. I'm specifically curious about if purchasing bulk product from a Japanese wholesaler (someone who very likely has a contract with a Japanese distributor), and then... View More

James L. Arrasmith
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answered on Jan 27, 2025

Reselling Japanese Pokémon cards in the U.S. can be legal, but there are a few factors you need to consider. When purchasing from a Japanese wholesaler, ensure the products are authentic and sourced legitimately. Counterfeit goods or items obtained outside of proper licensing agreements could lead... View More

2 Answers | Asked in Copyright for Texas on
Q: How do I know a piece of art is okay to use for album art?

The artists name is xx and the piece is called "Sleep". The artists passed away 70 years ago, and her only living relative as well as the collector of her art have both also passed away. The copyright status is unclear as I couldn't find any information on it. Has enough time passed... View More

Sarah Teresa Haddad
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answered on Jan 23, 2025

Some album art is considered Fair Use of Copyright under certain circumstances, particularly when used in a transformative way for educational purposes, criticism, or commentary, where only a small portion of the artwork is used, and the use does not significantly affect the potential market for... View More

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3 Answers | Asked in Copyright and Trademark for Texas on
Q: Why was trademark “ I'D RATHER BE FLYING” abandoned?

Was looking to see if this phrase was trademarked for goods and apparel and saw that it was abandoned.

David Aldrich
David Aldrich
answered on Jan 16, 2025

The Applicant never completed the registration process. In order to obtain a Registration Certificate, the applicant needs to file a declaration with a specimen establishing that they are using the mark in commerce. The applicant did not do that. They may not have actually used in commerce, or... View More

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1 Answer | Asked in Copyright and Business Formation for Texas on
Q: How can i go about reading books on onlyfans without copywriting issues?

I was only wanting to read excerpts not the whole book.

James L. Arrasmith
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answered on Jan 9, 2025

Reading copyrighted books without permission, even in excerpts, could lead to legal issues and harm authors who depend on book sales for their livelihood. While you want to share literature with your audience, this approach might result in your content being removed or your account facing... View More

2 Answers | Asked in Copyright, Products Liability and Entertainment / Sports for Texas on
Q: Can I use pictures from someone I hired previously?

I hired someone for my business to play Santa and pictures were taken. Due to unprofessional issues on their part, we couldn’t rehire this year. Could we still use pictures we took with him in advertisements this year? Or can we get in trouble legally?

Alan Harrison
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answered on Nov 26, 2024

This is an interesting question both for the naughty Santa aspect and for the confusion of copyright with name image and likeness, and also because it provokes more questions.

Whoever took the pictures owns the copyright in the pictures, unless they assigned the pictures copyright to you....
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2 Answers | Asked in Copyright and Intellectual Property for Texas on
Q: could I be reported for copyright?

If I sold t-shirts with the words "SAD DAD CLUB" or "SAD DADS CLUB" printed on them but the words "SAD DAD" are trademarked for use on t-shirts, could I be reported for copyright?

Sean Goodwin
Sean Goodwin
answered on Nov 21, 2024

You are asking for a complicated legal opinion, which most attorneys will not provide unless you are a client. If you would like a detailed answer to your question, please hire a competent trademark attorney.

The test for trademark infringement is "likelihood of confusion."...
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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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