Lawyers, Answer Questions  & Get Points Log In
Texas Copyright Questions & Answers
2 Answers | Asked in Copyright for Texas on
Q: A man writes a diary in 1947. He doesn't publish it or register it for copyright. Is it under copyright today?

After his death 10 years later in 1957, the diary is discovered in his home. It was not mentioned in his will, nor had he assigned the rights to the work to anyone. Is the diary under copyright protection in 2024? Thanks!

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Mar 21, 2024

The author of the diary was owner of the copyright without regard for whether it was published or registered, and the copyright is owned after his death by his heirs, who may register and publish it if they wish. The copyright remains valid for the life of the author plus 50 years.

View More Answers

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

2 Answers | Asked in Copyright and Intellectual Property for Texas on
Q: As you know, the copyright for Steam Boat Mickey recently expired. What are characteristics we can use in our mock ups?

Can we use the words "Mickey Mouse"?

Can he have different clothes on my drawings?

What exactly are the limitations?

Sheldon Starke
Sheldon Starke
answered on Jan 12, 2024

Honestly, this is work. This falls under the category of business. You can still find highly rated and experienced attorneys who do entertainment law here on Justia. Look for attorneys in smaller areas, still Metropolitan areas, where the cost of living is not so high. You get more for your... View More

View More Answers

2 Answers | Asked in Entertainment / Sports, Gaming, Intellectual Property, Internet Law and Copyright for Texas on
Q: Can I create content using a known superhero's cowl and just the cowl and escape copyright infringement and the such?

Long story short I want to create youtube videos of RANDOM and just RANDOM content while using ex: Flash cowl. Just the top part of the mask not even the one that covers the whole face. I will use a different name, and although use some mannerisms, it will be obvious it is pure satire/parody. I got... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 11, 2024

Using elements of a copyrighted superhero character, such as the Flash's cowl, in your content can be legally risky, even if you're only using part of the costume and intend it as satire or parody. Copyright law protects original works of authorship, including characters and their... View More

View More Answers

1 Answer | Asked in Copyright, Business Law and Intellectual Property for Texas on
Q: How can I use a portion of an Excel screenshot in an educational ebook about Excel?

MIcrosoft copyright guidelines state that portions of screenshots cannot be used. I have a need to show many specific, zoomed in areas of the Excel interface

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 19, 2023

In the United States, the use of copyrighted material, such as Excel screenshots, for educational purposes may fall under the category of "fair use." However, this is a complex area of law and depends on various factors, including the purpose of use, the nature of the copyrighted work,... View More

1 Answer | Asked in Copyright and Intellectual Property for Texas on
Q: Our website is copied by somone and we want to take legal action. Our llc is registed in Wyoming

The company who copied our website is registered in Georgia

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 4, 2023

In cases of copyright infringement, such as someone copying your website, the first step is to document the infringement thoroughly. This means taking screenshots or saving copies of the infringing website, and noting any direct similarities to your own site.

Next, consider sending a cease...
View More

1 Answer | Asked in Copyright and Intellectual Property for Texas on
Q: Copyright:I recorded 1 min of UFC fight on iphone & uploaded it to YouTube. Indonesian Broadcast took it down. Not UFC

Indonesian Broadcaster MOLATV gave me a copyright Strike on my channel. The UFC itself did not. Do they have the right to do that? Would me filing a dispute work? I see tons of that content on YouTube and nothing happened to other people. Do you think it’s just a scare tactic?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 12, 2023

In copyright matters, broadcasters like MOLATV may have rights to content, such as a UFC fight, in certain regions. If MOLATV holds the broadcasting rights for the UFC content in Indonesia, they may enforce copyright claims on platforms like YouTube.

The fact that UFC itself did not issue...
View More

1 Answer | Asked in Copyright, Trademark and Intellectual Property for Texas on
Q: is a Superhero/supervillain them restaurant against copyright or trademark.

im thinking about a restaurant called H&V (heroes and villains) using my own personal collection of figures and comics to display would this be against copyright or trademark laws no names will ever be used

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 13, 2023

Creating a superhero/supervillain-themed restaurant like H&V, using your personal collection of figures and comics for display, can be a complex matter in terms of copyright and trademark laws. The key issue is whether the use of these items could be seen as infringing on the intellectual... View More

2 Answers | Asked in Copyright, Trademark and Intellectual Property for Texas on
Q: Paint party, painting the Grinch face? It’s theirs, they pay me for supplies, teaching. They don’t sell them.

People ask me for this. No picture is sold, just my time and supplies.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 8, 2023

Hosting a paint party where participants paint the Grinch's face involves copyright considerations, as the character is protected intellectual property. If you are providing instruction and supplies for individuals to create their own paintings for personal use, it generally falls under... View More

View More Answers

2 Answers | Asked in Communications Law, Internet Law, Copyright and Intellectual Property for Texas on
Q: Can I read a book on social media such as YouTube or Twitch if I am receiving any revenue from that social media?

If I can not read a copy righted work in whole can I read exserts from it as part of a book review or discussion group?

Dominique M. Williams
Dominique M. Williams
answered on Nov 3, 2023

I would caution against reading the book, or portions thereof, aloud publicly on a platform where you are receiving revenue. Under copyright law, a copyright owner is given sole and exclusive rights to reproduce the work, create derivative works, perform the work, display the work, or to authorize... View More

View More Answers

1 Answer | Asked in Copyright, Entertainment / Sports and Intellectual Property for Texas on
Q: Besides the IP itself; What do I need to sell an IP to a broadcasting company?

I'm planning to create an IP of and episodic TV show and am planning on giving the company full creative control, apart from a creation credit, if possible. However, I'm not entirely sure what I need, besides the IP of course.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 26, 2023

To sell an IP to a broadcasting company, beyond the intellectual property rights, you should have a well-structured pitch or presentation that outlines the concept, target audience, and potential value of the TV show. A clear and compelling pilot script or episode outline can significantly enhance... View More

3 Answers | Asked in Copyright, Trademark and Intellectual Property for Texas on
Q: Can I put the letters CNN on my jacket without violating copyright.

I will not use the Networks logo just the letters printed on my jacket. Is this legal or does Warner own the letter combination?

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 16, 2023

Yes, you can put the letters CNN on your jacket without violating copyright. Copyright law protects original works of authorship, such as literary, dramatic, musical, and artistic works. The letters CNN are not an original work of authorship, so they are not protected by copyright. However, Warner... View More

View More Answers

1 Answer | Asked in Bankruptcy, Copyright, Criminal Law and Employment Law for Texas on
Q: Please give me a clear answer of what exactly I'm asking because my attorney w as ineffective assistance of counsel todd

Tax records never received please review detailed information from modified archive records switches

Timothy Denison
Timothy Denison
answered on Oct 4, 2023

What is your question?

1 Answer | Asked in Intellectual Property, Trademark and Copyright for Texas on
Q: I have a question regarding using a font that is used for a TV show (lets say StarTrek as an example)

If I am using a font that has been recreated by someone (but it looks *almost* identical) and I decide to create a formal 501c3 nonprofit public charity named "Rain'bow" (as an example) and create a logo using that name with that similar StarTrek font, would that be risky regarding... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 4, 2023

Even if you don't use the words "Star" or "Trek," using a font that is closely associated with or identical to the one used in the Star Trek franchise could pose a risk of copyright or trademark infringement. The key issues would be whether the use of the font creates a... View More

1 Answer | Asked in Copyright, Business Formation, Trademark and Intellectual Property for Texas on
Q: Hi! I have a question about trademarks for clothing brands and similar ideas that other people have now started

I started working on my brand Ghosted in July, I used Canva fonts and everything for the logo and worked long and hard and got samples and on 8/25 I ordered my first order of 360 units. I own the LLC Ghosted, have the trademark filed for Ghosted for apparel, and this morning I also filed a... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 11, 2023

Given your description, it appears you have taken significant steps to legally protect your brand, including forming an LLC and filing for trademark protections for both your brand name and logo. In trademark law, the key issue often revolves around who used the mark first in commerce; since you... View More

1 Answer | Asked in Copyright for Texas on
Q: How can I cite the information on this page? I cannot find a year nor an author. Please help I'd really appreciate it.
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 11, 2023

Ensure to use “n.d.” to indicate “no date” for the publication date. Use the most specific title available for the page, and include the retrieval date to indicate when you accessed the information, since web content can change over time.

2 Answers | Asked in Copyright, Intellectual Property and Trademark for Texas on
Q: I'm wanting to create a LEGO video game

I'm wanting to create a LEGO video game and I emailed them but they said to look at their Fair Play policies and I read it but it isn't clear on video games and they said if i was unsure to ask a lawyer or someone who knows the law.

Christie Dudley
PREMIUM
Christie Dudley
answered on Aug 8, 2023

LEGO makes locking bricks, which are rather obviously not video games. Other companies make locking bricks, so it's fine to use imagery of locking bricks for your video game. If you want to specifically use the LEGO name or identifiers in your video game and sell it, you are effectively using... View More

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.