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Texas Copyright Questions & Answers
2 Answers | Asked in Copyright and Intellectual Property for Texas on
Q: Can I animated/cartoonify a piece of art and trademark it as a logo?

I have found a piece of art that sparked a logo and brand idea. My thought was to replicate a couple aspects of the artwork and animate them to create my logo. I would then trademark the logo and brand name associated with it. The artist has a few pieces of art that I was also thinking to add to... View More

James L. Arrasmith
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answered on Aug 6, 2023

Animating or cartoonifying the artwork may not be sufficient to avoid copyright infringement. If you cannot reach the artist for permission, consider seeking legal advice on alternative ways to create a unique logo that does not infringe upon someone else's intellectual property.

James...
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2 Answers | Asked in Copyright, Intellectual Property and Trademark for Texas on
Q: Is original art protected by copyright?

I have developed a brand logo based on an original piece of art. I have essentially animated elements of the piece to create a brand logo. I have tried to find the artist contact information to reach out directly but have hit dead ends.

James L. Arrasmith
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answered on Jul 28, 2023

Yes, original art is protected by copyright as soon as it is created. If you have developed a brand logo based on an original piece of art, you may be infringing on the artist's copyright if you do not have permission to use or modify the original artwork. To avoid potential legal issues, it... View More

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1 Answer | Asked in Copyright and Intellectual Property for Texas on
Q: I have designed and Developed a CRM SAAS product which is coming to market for users. need some help for copyrighting

I have designed and Developed a CRM SAAS product which is coming to market for users. need some help for copyrighting. This product is under testing and will be launched in market. Need some information about the Copyrighting aspect of this SAAS product.

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jul 8, 2023

You should obtain "work for hire" agreements from all coders of the software, and it is prudent also to have non-disclosure agreements acknowledging their work as trade secrets.

Form CO is used to register the copyright in both the source and object code when completed, and to...
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1 Answer | Asked in Copyright and Intellectual Property for Texas on
Q: Copyright Infringement Question?

Hi There!

I am researching something for a Newsletter Aggregator that combines 20 different email newsletters into one newsletter. The idea of the newsletter aggregator is to summarize the content of a publishers newsletter. That summary would then be added with 19 other summarized notes... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jul 8, 2023

Your comments and summary text would be original works for purpose of copyright, and your selection and aggregation of the newsletters would be fair use. It would be wise to include a fair use disclaimer:

"This [site/newsletter] contains copyrighted material the use of which has not...
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1 Answer | Asked in Copyright, Trademark and Intellectual Property for Texas on
Q: Is it possible to trademark Flowprops, toys used for dance, under the same class as flowtoys, 28:toys.

Trademark factory said I would be able to because the name is generic but if flowtoys was trademarked I don’t see why I would be able too.

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

FLOWPROPS is arguably not "confusingly similar" thus probably registrable. If the description of the use of the goods is sufficiently distinct from that of FLOWTOYS, then it would be more likely to be registrable; for instance, if FLOWPROPS were used for instruction rather than... View More

1 Answer | Asked in Copyright, Civil Rights, Gov & Administrative Law and Intellectual Property for Texas on
Q: Would it be illegal to read declassified files, similar to an audio book to make them more accessible to the public?

I ask because on some documents, especially recordings, you cant quote certain individuals, such as Linden B. Johnson because at the time of the recording he is a private citizen since hes no longer in office, either him or his family have copyrighted all recordings where he wasnt a public servant.... View More

James L. Arrasmith
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answered on Jun 18, 2023

It is generally not illegal to read declassified files aloud, as long as you are not violating any copyright laws or other legal restrictions. However, there may be certain limitations or restrictions on the use of declassified files, depending on the specific documents and the laws and regulations... View More

3 Answers | Asked in Patents (Intellectual Property), Copyright, Intellectual Property and Trademark for Texas on
Q: I am trying to figure out if I need a trademark, copyright or patent. I don't know the difference.

The difference in trademark, copyright, or patent and what I need for my project

Kevin E. Flynn
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Kevin E. Flynn
answered on May 19, 2023

This is a very common question as these topics are not taught in school. The United States Patent and Trademark Office has a web page that addresses this issue. https://www.uspto.gov/trademarks/basics/trademark-patent-copyright

I hope that this helps. Note--just as you may have a dead...
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1 Answer | Asked in Copyright, Entertainment / Sports, Trademark and Intellectual Property for Texas on
Q: Can I cosplay as a fairy similar to Melanie Martinez’s new look at her concert Can I get in trouble for this?
James L. Arrasmith
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answered on May 7, 2023

No, you cannot get in trouble for cosplaying as a fairy similar to Melanie Martinez's new look at her concert. Cosplay is generally considered a form of fan art and is protected under fair use laws. However, if you were to sell or profit from the cosplay, you may run into legal issues as you... View More

1 Answer | Asked in Divorce, Copyright, Tax Law and Collections for Texas on
Q: Can I file for a divorce and ask for the fees and court cost to be waived and then attain a lawyer through the courts

I'm in a very abusive and neglectful common law marriage . He is currently awaiting to appear in district court for violating his probation that he received the last time he threw me around and down and busted my mouth. I don't have money for legal counsel he has abandoned me and stopped... View More

Joel Gary Selik
Joel Gary Selik
answered on Apr 24, 2023

Contact legal aid organizations in your area, they may be able to connect you with a pro Bono attorney.

2 Answers | Asked in Copyright for Texas on
Q: I want to create my Gym Clothing line with the name GYMBARBIE is this a copyright infringement?
N'kia (NLN)
N'kia (NLN)
answered on Apr 13, 2023

There is already a children's clothing line called "Gymboree." Another clothing line with an extremely similar name could confuse consumers into thinking Gymboree just created a line for exercise wear, which may constitute TRADEMARK infringement. You should consider consulting with... View More

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2 Answers | Asked in Copyright and Patents (Intellectual Property) for Texas on
Q: The "hoop axis" isn't clear. Are there any pictures or illustrations of the "Basketball Training Apparatus"?
N'kia (NLN)
N'kia (NLN)
answered on Apr 2, 2023

It's not really clear what you are asking or what you are trying to accomplish. You might get the answer you're seeking if you post again with a bit more context. Good luck!

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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... View More

James L. Arrasmith
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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... View 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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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... View 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... View 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... View More

Steve Charles Vondran
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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... View 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.... View 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... View More

Steve Charles Vondran
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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... View More

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