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Arizona Copyright Questions & Answers
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 »

1 Answer | Asked in Copyright for Arizona on
Q: Copyright question: can I copyright a clever word combination to apply on mugs, caps, sweatshirts, etc.?

It would not be a product line, but simply applied to existing products that I would buy at wholesale, then resell at retail. The appeal would be in the applique, more than on the vehicle that carries it.

Michael Gerity
Michael Gerity answered on Apr 1, 2018

What you are describing is best protected with trademark, not copyright. You are describing selling products with a particular name/phrase/slogan attached to them, which is precisely what trademarks protect. The fact that you buy the products from a vendor doesn't change it because, as you... Read more »

1 Answer | Asked in Copyright and Real Estate Law for Arizona on
Q: A client cancel his listing. He accessed my files and gave another realtor access as well and download videos

and pictures without my permission that I have paid over $1200 to get done. What recourse do I have, with both my past client and this other real estate agent?

Peter H. Westby
Peter H. Westby answered on Jan 23, 2018

You have the right to enforce all of the terms of your listing agreement with your former client and can demand payment for the resources you provided, the photos, that are now being used by your former client and the new realtor. You can also speak with your broker concerning the conduct of the... Read more »

1 Answer | Asked in Copyright and Intellectual Property for Arizona on
Q: if i register my story for a copyright, do I need to wait for a certificate before I print out books?

Literary copyright question. Legally protected or not before revive certification?

Peter D. Mlynek
Peter D. Mlynek answered on Jan 21, 2018

No, you don't need to wait.

As a matter of fact, you no longer have to register it in order to be protected. You have a copyright from the moment that you create your work in a fixed medium. You may want to register your work nonetheless because you need to have it registered if you...
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1 Answer | Asked in Copyright for Arizona on
Q: Do artists have any copyright to product that was created working at an hourly rate for said employer?

My artwork done for a non-profit company will be used in a school curriculum. This is beyond the original use intended for this artwork.

Will Blackton
Will Blackton answered on Dec 14, 2017

Were you an employee? If not, what does your written agreement with the company state?

Any copyrightable work created by an employee acting within the scope of his or her employment is a “work made for hire.” The parties do not need to address works made for hire in their employment...
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1 Answer | Asked in Copyright and Intellectual Property for Arizona on
Q: What kind of licensing do I need to use a song on a podcast if the artist has given permission and owns the rights?

I have a podcast for children and got permission from a musician to use one of his songs on one specific episode. The podcast episode is offered for free and I will give appropriate credit to him on the episode. It sounds like he owns the rights to his own music. He thought I would need a... Read more »

Barbara Berschler
Barbara Berschler answered on Sep 5, 2017

It sounds like you should ask for a written license/permission to use the work which states that the song writer does in fact own all of the rights and he is granting you x times to use the work under certain circumstances. You should consider all of the ways you might use the work going forward,... Read more »

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Arizona on
Q: Custom watchmaker question: can a unique dial design, and ensuing way to read time be trademarked and owned?

I am a custom watchmaker who creates dials and watches. I have designed an absolutely unique way to track and read the time of day on a watch dial. This design could be used in clocks also. Here is my question: Can this unique dial configuration be trademarked or maybe copyrighted so that others... Read more »

Benton R Patterson III
Benton R Patterson III answered on Aug 4, 2017

To fully answer your question I would need to know more about the function of the dial configuration. The design may be protected by copyright law if it is not functional. However, the scope of copyright protection may be narrow, leaving room for others to design around your dial. From your... Read more »

1 Answer | Asked in Copyright and Intellectual Property for Arizona on
Q: Someone took a photo of me off my facebook and cropped it to show just me and posted it on a website, is that copyright?

Can I file a DMCA to get it taken down, or will that backfire since it is cropped. It was posted with defamatory content, but I just want the picture gone at best.

Michael Gerity
Michael Gerity answered on Jul 21, 2017

Did you take the photograph? The holder of the copyright in a photo is the person who actually took the picture, or a licensee/transferee of the copyright. As such, any claim would have to be made by the actual copyright holder. Meanwhile, using a portion of a copyrighted work (cropping it down... Read more »

1 Answer | Asked in Copyright for Arizona on
Q: I made a spelling mistake in the title and cover of the 2 deposit copies. Do I need to register again to fix the errors?

I made a spelling mistake in the title and cover of the 2 deposit copies I made. I want to correct those mistakes once these books are copyrighted. Am I going to have to register the corrected copies to have my copyright hold up in a US court? Do I need to register the corrected copies again for... Read more »

Will Blackton
Will Blackton answered on Jun 19, 2017

You would need to consult with your own attorney to determine the best course of action. Your attorney will need to know more details about your application and any errors contained therein before advising you. But, for your information generally:

The U.S. Copyright Office has a procedure...
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1 Answer | Asked in Copyright for Arizona on
Q: If i find a funny video on instagram from famous person can i copy the video and post it on youtube and add adsense

i found a funny video on instagram from kingbach, he makes funny videos. can i download the video and post it on youtube and make money by adding adsense

Will Blackton
Will Blackton answered on Jun 13, 2017

If you do not have written permission from the creator of the video, using it in the way you described would be copyright infringement. The copyright claimant could sue you. If they registered their work with the U.S. Copyright Office, they could be entitled to $700-$150,000 in damages, in... Read more »

1 Answer | Asked in Copyright and Intellectual Property for Arizona on
Q: When can you be construed as copyrighting a name?

I have a fictional character that is part of a group. On items featuring the character, I have "Character, Group, and all related characters are © me"

An individual with a group that has the same name is claiming that by doing this I am putting a copyright claim on the name... Read more »

Andrew Zulieve Esq
Andrew Zulieve Esq answered on Apr 6, 2017

Your factual scenario is a bit unclear. Names, short phrases, slogans and terms are not subject to copyright law. Copyright attaches automatically to original works of authorship, which may include the character that you describe. Copyright notice is no longer obligatory to perfect copyright in... Read more »

1 Answer | Asked in Copyright for Arizona on
Q: If i take a copyrighted picture, and trace over it to make my own copy, as long as i give credit, will i get in trouble?

Lets say i take this picture: https://en.m.wikipedia.org/wiki/File:Tecumseh02.jpg

And trace over it to make my own copy for a video. If i show my copy in the video, BUT i give credit to the original artist/copyright holder, will i get in any legal trouble?

Will Blackton
Will Blackton answered on Feb 24, 2017

All copyrightable works published before 1923 are now in the public domain. If the version of this image that you're tracing was published before 1923, you can legally do almost anything you want with it.

1 Answer | Asked in Copyright for Arizona on
Q: Can I use a song on my website? I am not selling the song or offering downloads of any kind.
Adam Studnicki
Adam Studnicki answered on Dec 28, 2015

If it is copyright, then you probably need permissions. An intellectual property lawyer should review and advise.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not...
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