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California Copyright Questions & Answers
1 Answer | Asked in Legal Malpractice, Contracts, Copyright and Criminal Law for California on
Q: If I reveal that I saved sensitive info my boss wanted gone, what are the legal ramifications?

I may or may not have a copy of sensitive information (I work in security) which my boss asked me to delete completely. If I reveal publicly that I have this information, what should I expect to happen from a legal standpoint?

Dale S. Gribow
Dale S. Gribow answered on Sep 25, 2021

more info is needed.

I suspect you had a Federal job and signed an agreement when employed, that you don't want to violate.

I am not a Federal Criminal Lawyer, but I would bet that disclosing the info would be a criminal offense, and could lead to your arrest and prosecution....
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1 Answer | Asked in Copyright for California on
Q: Want to know if it's okay to use names of deceased people in a children's book.

We are an independent publishing company publishing a children's books with names of deceased.

Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 25, 2021

It depends on who the names are. Consult with an attorney.

1 Answer | Asked in Copyright, Legal Malpractice, Patents (Intellectual Property) and Trademark for California on
Q: i need to file a patent

i have some softwear that i need to gain all rights for leasing

Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 23, 2021

You need to consult with a patent attorney and do an analysis of cost and benefit.

2 Answers | Asked in Copyright for California on
Q: I'd like to open a cafe with movie/show animal characters on display from a variety of popular shows, could I?

They would not be for sale and would be decor around the store in an "enchanted forest" theme. For example, Pokemon, Harry Potter, Marvel. The main attraction of the cafe would be food, drinks, and board games. I am wondering if this would be allowed without permission from the owners and... Read more »

Tania Maria Williams
Tania Maria Williams answered on Sep 21, 2021

Unfortunately, that likely infringes on the rights of the copyright owners. The Velvet Elvis is a bar that had a similar issue and was sued by the estate of Elvis Presley. You should contact an IP attorney to determine the best way to build your brand.

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1 Answer | Asked in Copyright for California on
Q: Is it legal to create a service that charges for short movie clips to be used in youtube videos?

Similar to Storyblocks, I had the idea of creating a service that consolidates short movie clips into one location so that they can be used for documentaries and video essays. I know there are many youtubers that use movie clips to help keep the viewer entertained, but I'm wondering if... Read more »

Robert Philip Cogan
Robert Philip Cogan answered on Sep 21, 2021

Probably. More facts would be needed for an answer. The studios spend tremendous amounts of money to make the movies those clips come from. They tend to get upset when somebody takes their property for free.

There are probably legal ways to provide this service that do not involve copying...
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1 Answer | Asked in Copyright and Intellectual Property for California on
Q: I am using a paid language learning program to study a language and wondered if making flashcards would be infringing

I am using a paid language learning program to study a language. I want to make my own flashcards based on the words I learned. It will only be accessible to me. Would I be infringing on their copyright and databases? I know the companies compile words in categories and levels.

Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 16, 2021

You would need to consult with an attorney

Most likely the infringement is discovered when the copied work is put in commerce

1 Answer | Asked in Copyright and Trademark for California on
Q: I received some sealed letter in the mail concerning a cash award that was to be sent to my house.

I have some paper that inform me that I may be a millionaire. I not sure what that mines. But i'm interested in what a lawyer saids about this award paper.

Maurice Mandel II
Maurice Mandel II answered on Sep 13, 2021

To get a proper opinion, you have to show the attorney the letter. There are many scams out there, if you are asked to pay money in order to pay for the transfer of your million dollars, this is probably a scam. On the other hand, you may have just won the lottery. Cannot say without reading the... Read more »

1 Answer | Asked in Personal Injury, Copyright and Arbitration / Mediation Law for California on
Q: His do I file a formal writ to the courts for personal possession?
Maurice Mandel II
Maurice Mandel II answered on Sep 13, 2021

Some Judicial Council forms deal with the right to possession. They can be found on your Local Superior Court website under "Forms: State forms". They may give you some ideas, and they will cite some statutes regarding writs for possession. Consult a local attorney about recovering... Read more »

2 Answers | Asked in Copyright, Divorce and Intellectual Property for California on
Q: Is a video on a YouTube channel considered property?

During my marriage, my ex-wife shot video of our daughter, and years later I put it on a YouTube channel while we were still married but intending to divorce. Is the video, now that I've been divorced a few years, considered both of our property (as I've assumed), or her property since... Read more »

Jonathon Maddox
Jonathon Maddox answered on Sep 21, 2021

The property would likely be joint, as it was shot during your marriage, and California is a community property state. As my colleague has pointed out, the big issue would be on how to properly value the video. But neither you posting it online, or her being the one to actually film it, matters... Read more »

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1 Answer | Asked in Copyright for California on
Q: Can i take a movie character pic turn it into a pixel pic and then into a nft and sell the nft for money?

Im trying to see if i take a picture of a disney character. Turn it into a pixelated picture and then in turn change it into an nft and sell it. Can disney come after me for copyright infringement?

Marcos Garciaacosta
Marcos Garciaacosta answered on Aug 22, 2021

Don't do it. Yes they will come after you.

1 Answer | Asked in Copyright for California on
Q: Is it legal for Youtube to reinstate my copyrighted films when someone is falsely claiming that they own these films?

I make derivative works by colorizing b/w movies in the public domain. I upload them to Youtube on my channel. My films all have copyright notices on them so my versions are no longer PD.

A distributor in Germany downloaded them, attempted to remove my copyright notices and is now... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Aug 17, 2021

You definitely need to consult with an attorney.

You do have copyright common law rights just by creating your content, but a registration gives proof of title and ownership.

It is better to have registration and title to a property as the platforms take it as proof of your...
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1 Answer | Asked in Business Law, Copyright and Trademark for California on
Q: hi. you have a case belongs to Bristol-Myers Squibb & Gilead Sciences regarding the trademark of ARIVITY, right?

hi. you have a case belongs to Bristol-Myers Squibb & Gilead Sciences regarding the trademark of ARIVITY, right?

i own a domain name that makes the ownership stronger which is www.arivity.com

if you or your client interested in that let me know.

because usually... Read more »

Omar Darwich
Omar Darwich answered on Aug 10, 2021

Im not sure I understand the question.

Was this individual reaching out to you to sell the domain name?

1 Answer | Asked in Copyright for California on
Q: I plan to sell apparel with printed quotes written by philosophers from centuries ago.

These quotes have been translated into English and published by multiple publishers throughout the years. Am I able to use these quotes translated into English on clothing and sell them?

Marcos Garciaacosta
Marcos Garciaacosta answered on Aug 5, 2021

You need to contact an attorney to make sure you understand your risks and options.

1 Answer | Asked in Copyright for California on
Q: Are big media companies likely to sue you even if the Youtube videos are obviously fair use?

I want to make Youtube parody ( obviously transformative) videos based on popular tv shows and movies. Even if they might be under " fair use", I understand that it's only a legal defense and Youtube Content ID system may automatically flag the videos too. I'm just wondering,... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Aug 3, 2021

They could, will depend on the type of parody and how much content you use

1 Answer | Asked in Copyright and Trademark for California on
Q: Who owns the 'Dementialand' trademark?
Omar Darwich
Omar Darwich answered on Jul 31, 2021

You can usually check these things at the USPTO's website.

Look for the TESS link

1 Answer | Asked in Copyright for California on
Q: Is it legal to record myself playing all instrument parts of a copyright song & mix/master the song 4 my own education?

(The recording, mixing, and mastering would be done in Logic Pro.) Also, if it is legal, would I not be able to let anyone hear my Logic Pro re-creation?

Marcos Garciaacosta
Marcos Garciaacosta answered on Jul 30, 2021

Depends

you should consult with an attorney to understand your risks

best luck

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for California on
Q: This is our grandfather and we are getting zero royalties from any of his patents.

Please ask in person or on the phone.

Marcos Garciaacosta
Marcos Garciaacosta answered on Jul 25, 2021

Consult with an attorney.

It will depend if your grandfather licensed or assigned his rights.

Also patents expire, so if it was long time ago, it is natural that the royalties stopped.

3 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for California on
Q: How long is a "patent pending" status good for and what happens after this period ?
Liliana Di Nola-Baron
Liliana Di Nola-Baron answered on Jul 8, 2021

"Patent Pending " means that an application for a patent has been filed for the particular product, system or method with the United States Patent and Trademark Office (USPTO). The status "Patent Pending " ends with the final disposal of the application by the USPTO, which... Read more »

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1 Answer | Asked in Copyright for California on
Q: A reporter is hired, short term, by the federal government to write for them. Government releases his writing to (MORE)

general press pool, which uses it without byline credit or payment. It is further picked up by his previous employer, a major newspaper, to publish under his byline, which they do. His employment by government is kept secret and the major newspaper makes it appear that he is writing for them.... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Jul 5, 2021

Very complicated scenario. Lots of moving parts.

You need to consult with an attorney to sort out all the pieces.

Q: What document should I use for my blog?

It would be great to have a document for guest writers, regular contributors, and anyone that submits anything to my site (written or media) to allow me and my website to publish their name and work on the site. What kind of document do I need? A consent form, an agreement, or something with a... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Jul 5, 2021

You need a contract where they license or give you the rights to their content.

Consult with an attorney.

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