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Arizona Copyright Questions & Answers
1 Answer | Asked in Copyright, Business Law, Intellectual Property and Internet Law for Arizona on
Q: Does a volunteer own the intellectual property they create for a company if no agreement is made saying otherwise?

In the US (specifically Arizona), if you create intellectual property (e.g. website, social media channels and 3rd party sales channels) as a volunteer (I was a volunteer in a business my husband was a co-owner in, I was not paid, wasn't asked to do create the IP nor directed in any way and... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Jul 23, 2021

Depends on any communications or agreement.

Most likely any creation would be considered as a gift.

Depending on the value of the creation an attorney can advise you on what to do

1 Answer | Asked in Copyright for Arizona on
Q: Plaintiff restricted from deposing Defendant.

I am a pro se Plaintiff in a federal copyright case. The Judge is denying me the right to depose the Defendant (an entity) under Rule 30(b)(6). Is this allowable? How is it that I can be restricted from deposing the other party?

Marcos Garciaacosta
Marcos Garciaacosta answered on Jun 8, 2021

Looks like you need to consult with an attorney.

Deposition is a procedural technique, and you need to follow some protocols, so check what the process is and make sure you are following it.

1 Answer | Asked in Contracts, Copyright, Business Law and Communications Law for Arizona on
Q: We do internet videos and a major american television show is asking us to sign a "Material License Agreement"

We are wondering what liability can come from this? We do not currently make money from the internet and are just making interesting videos. The contract says we grant non-exclusive license. We're fine giving it away for free but since we don't make money from this, we just want to make... Read more »

Tim Akpinar
Tim Akpinar answered on Mar 8, 2021

An Arizona attorney could advise best, but your post remains open for four weeks. Because of its complexity and detail, this could be a difficult post for an attorney to respond to without knowing more information, and likely seeing the agreement you mention. If you continue not to get a response,... Read more »

1 Answer | Asked in Copyright for Arizona on
Q: Can I use the cowgirl photos of this game without copyright infringement
Steve Charles Vondran
Steve Charles Vondran answered on Jan 26, 2021

I am not exactly sure what your question is, but are you referring to using the Dallas Cowboy Cheerleaders for commercial products? If that is the question, I would be very careful, you can run into potential problems including with "right of publicity" claims from the individual... Read more »

2 Answers | Asked in Copyright, Intellectual Property and Trademark for Arizona on
Q: Can I print a similar design but with different wording and logo as the texas roadhouse logo without infringing trademak
Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 28, 2020

Depends on how similar it is.

You should consult with an attorney.

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2 Answers | Asked in Copyright and Gaming for Arizona on
Q: Am I able to use music from a game I am making a video review on in that video?

I am unfamiliar with copyright laws so I needed help with several questions regarding copyright and fair use. If I make a video review of a video game, am I allowed to use music from that game in the video for the purpose of review/critique? Is it fair use? If not, how can I contact these companies... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 27, 2020

The default is you should not use any content without permission.

Consult with an attorney for specific guidance on your risks of using any portions of other people's content.

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2 Answers | Asked in Copyright and Intellectual Property for Arizona on
Q: Can I use pictures (that I took) of artworks in galleries or museums on my blog?

I am starting an art opinion blog, writing about museums, galleries, and exhibitions. I take my own photos of the artwork in these spaces when allowed. I would like to post these pictures on my blog to add detail but am worried about the legality of posting pictures of someone else's... Read more »

Timothy John Billick
Timothy John Billick answered on Oct 20, 2020

This will most likely fall within the exception of "fair use" in copyright law, but be sure to check to see if some of sculptures are also subject to a trademark registration (see, e.g., Space Needle, Golden Gate Bridge).

Also check the Terms of Entry with every single museum to...
Read more »

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1 Answer | Asked in Copyright for Arizona on
Q: Hello, I had a question about copyright?

I have a eyelash line and I want to change my packaging. The packaging would look like the skittles design, the rainbow and all that but the name on on the package would say lashbites instead of skittles. Same for sourpatchkids, airheads, lifesavers. Every package will have that design but the... Read more »

Timothy John Billick
Timothy John Billick answered on Oct 4, 2020

This is most certainly not okay.

You are running the risk of infringing upon the trademark, trade dress, and copyright rights of all of these brands. Even if the name is different, if you utilize packaging "look and feel" and/or artwork from another, you will have a very high...
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1 Answer | Asked in Copyright for Arizona on
Q: Copyright Lawsuit - ESI

Four months prior to filing my lawsuit as a pro se litigant, I wrote a letter to the company I am now suing requesting preservation of ESI (in particular, security video). I also sent a second notice months after the filing of the case. Both letters were sent via certified mail. That security video... Read more »

Michael Gerity
Michael Gerity answered on Sep 24, 2020

Well, this isn't really a copyright question, but an evidentiary question. The failure to preserve or produce relevant evidence in a civil case can have consequences to the party who failed to preserve/produce. The legal concept is called spoliation. You should research that topic to... Read more »

1 Answer | Asked in Copyright for Arizona on
Q: We have been sent an email demanding a $2400 for a photo of a celebrity I used in 2015. How can I check they are legit?

This company don't have a website, is it a scam? They said they are new. They said I can make an offer, for the photo used in a blog, which seems odd???

Evelyn Suero
Evelyn Suero answered on Aug 6, 2020

It may help to request the contact information for their attorney so that you can give that information to your attorney to contact that attorney's law firm directly.

1 Answer | Asked in Copyright for Arizona on
Q: Hi I paid for a copyright through the U.S. Copyright Office website for my short film, a single application of $35.

I wrote/directed/produced/music/vfx edit/casting/ created my whole short film. They sent me a denial letter saying because I had actors in my short film, that I couldn't get my copy certificate through the single application, if I disagree with their terms, I can resubmit with a fee of $350. I... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 19, 2020

Did you really do it with the US copyright office?

or a third party that does the filing for you?

It is possible that you need releases from the people in the movie, as well as list what other copyrighted material you may be using.

$350 sounds a reasonable price, it will...
Read more »

1 Answer | Asked in Copyright and Business Law for Arizona on
Q: Can I find out if a photo online is owned by someone else?

I'm about to purchase a few images and logos for my small start up business online and the seller is a freelancer from overseas I want to make sure the photos or images are not stolen or I think the term is copyrighted by anyone else before I use them online for my business is there a way to do this

Tania Maria Williams
Tania Maria Williams answered on Feb 27, 2020

If you can save a JPEG of the photo, you can drop it into the Google images search bar and see if there are other images out there like it. Unfortunately, searching the Copyright Office's website is not as user-friendly as the USPTO's website. I can assist you in doing a comprehensive... Read more »

1 Answer | Asked in Copyright for Arizona on
Q: Copyright question: Can I sell a file with summaries of popular parenting books and potential applications?

I have a blog. I'd like to compile a resource with the jists of popular books in my niche, their main points, my experience with applying what they teach, and highlight practical ways to apply it (more or less). I'd like to sell these as downloadable pdfs. I'd imagine I may run into... Read more »

Robyn T. Williams
Robyn T. Williams answered on Feb 12, 2020

Hello,

If you intend to do synopses (of sorts) accompanied by your opinions based on your experiences, it is not likely that you will face copyright issues. Your papers should not contain materials such as charts, graphs, graphics, etc. found in the works on which you are opining....
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1 Answer | Asked in Copyright and Internet Law for Arizona on
Q: Is it possible for the defendant to request an extension on their response to the summons?
Tim Akpinar
Tim Akpinar answered on Nov 9, 2019

Yes, this happens routinely in the course of litigation. Good luck

Tim Akpinar

1 Answer | Asked in Contracts, Copyright and Entertainment / Sports for Arizona on
Q: This question is about how songs are registered

In music, if the agreement is non exclusive where they get the publishing and you retain your writers (for music licensing), how will companies/Ascap etc know when YOU got something placed as opposed to the company you sign this type of deal with? So you get your writers and publishers share when... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Oct 25, 2019

Your question is confusing.

The collection of royalties can be accomplished in several ways. Directly negotiating and collecting with every organization, or using some of the agencies that exist that license and charge for your music, lyrics, etc directly. They then distribute the money....
Read more »

1 Answer | Asked in Copyright and Intellectual Property for Arizona on
Q: What is the current status of: LOVE'S Owned by: Love's Bakery, Inc. Serial Number: 87316
Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 11, 2019

It is suspended.

There are two more applications using similar name for similar application. This application will be processed once the two in front of it are disposed of.

If you need any specific help make an appointment for an in depth consultation.

1 Answer | Asked in Copyright and Trademark for Arizona on
Q: I have designed a few t-shirt designs with specific words on them in addition to the design. will a copywrite protect?

I want to incorporate the names of the local universities mascots into my designs. I have already contacted the 4 major Az universities and they are interested but they suggested I contact companies that already have their permission/ license to print to save me money because of the Universities... Read more »

T. J. Jesky
T. J. Jesky answered on Sep 23, 2018

Copyright protects original works of authorship, whereas a trademark protects words, phrases, symbols, or designs identifying the source of the goods or services of one party and distinguishing them from those of others.

If you haven't done so, you should register your copyright with...
Read more »

2 Answers | Asked in Copyright and Business Formation for Arizona on
Q: Can I use use the brand name "The Vape Collection" if it's taken for a completely different field or industry?
John Espinosa
John Espinosa answered on May 20, 2018

Trademarks protect brands, not copyrights. A trademark protects the use of the brand in the particular industries, or classes, listed on the trademark registration. Here is a resource: https://www.nolo.com/legal-encyclopedia/trademark-classes.html

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2 Answers | Asked in Copyright for Arizona on
Q: Can past client ask to remove pictures we took of their backyard with only the furniture in it?

We made custom furniture for a client, named collection after her, took pictures of final product in their backyard. Year later customer asking to remove those pictures from our web site and social media accounts, as she says it invades her privacy. The client's last name or location of the... Read more »

John Espinosa
John Espinosa answered on May 9, 2018

Maybe. Read this helpful resource on the subject: https://www.copyright.gov/circs/circ30.pdf

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1 Answer | Asked in Copyright and Trademark for Arizona on
Q: Can I use 'Bea Honeywell' as a stage name when there's a company called 'Honeywell'?

It's a burlesque performer name.

Michael Gerity
Michael Gerity answered on Apr 4, 2018

A trademark provides protection for a name, logo, slogan, etc., as it is used in conjunction with the sale of particular products and/or services. It is quite possible to have multiple trademarks that are the same or similar coexisting in the market, as long as there is no reasonable likelihood of... Read more »

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