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California Copyright Questions & Answers
1 Answer | Asked in Copyright for California on
Q: I have knowledge 2 employees at SHEPPARD MULLIN at setting up illegal streaming on employees laptops. What should I do?
James L. Arrasmith
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James L. Arrasmith PRO label
answered on Mar 25, 2023

If you have knowledge that employees at Sheppard Mullin are setting up illegal streaming on their laptops, you should report this information to the appropriate authorities.

First, you may consider reporting the illegal activity to the management or HR department at Sheppard Mullin. They...
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Q: If I want to change the basic media player, can I patent it or not?
James L. Arrasmith
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James L. Arrasmith PRO label
answered on Mar 21, 2023

No, changing the basic media player does not qualify for a patent. Patents are only granted for inventions or innovations that meet certain criteria, including novelty, non-obviousness, and usefulness. In order to be eligible for a patent, an invention must be a new and useful process, machine,... Read more »

2 Answers | Asked in Copyright, Trademark and Intellectual Property for California on
Q: I would like to create Mach 1 merchandise and certificates. I would like to use the nameplate, images, how do I do this?
James L. Arrasmith
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James L. Arrasmith PRO label
answered on Mar 19, 2023

The Mach 1 nameplate and images are likely protected by trademark and/or copyright law, so you would need to obtain permission from the owner of those rights before using them for your merchandise and certificates.

In this case, the owner of the Mach 1 nameplate and images is likely Ford...
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1 Answer | Asked in Copyright and Intellectual Property for California on
Q: Can I quote “with great power comes with great responsibility” in dedication of book?

I wrote this in my book dedication “thanks to my dog and all the movies i’ve watched, remember spidey’s uncle said “with great power comes with great responsibility”

Can I keep it in my book without getting sued

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Mar 13, 2023

The phrase "with great power comes great responsibility" is a well-known quote from the Spider-Man comics and movies. While it is possible that the copyright owner of Spider-Man could technically sue you for using the quote without permission, it is unlikely that they would actually do... Read more »

1 Answer | Asked in Copyright, Business Law and Intellectual Property for California on
Q: Can I create questions and guided coursework using someone else's book to sell for teachers to earn PD credit?

Many websites offer professional development credit for book studies to teachers who pay to take their courses. Can I legally create a course based on someone else's book as long as I encourage students to buy the book and I do not copy any text from the book?

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Mar 10, 2023

As long as you are not infringing on the author's copyright, creating a course based on someone else's book may be legal. However, you should ensure that your use of the book is considered "fair use" under copyright law. This can depend on factors such as the purpose and nature... Read more »

2 Answers | Asked in Copyright and Intellectual Property for California on
Q: Question about the use of the term Copyright Control in music

So there is a soundtrack album that a song with lyrics that appeared in the album, and this album is almost all instrumental music except for that one song, the song had the same composer but it had 2 writers for the lyrics and it had "Copyright Control" next to to their names. And this... Read more »

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Mar 8, 2023

The term "Copyright Control" next to the writers' names on the soundtrack album means that they are the copyright owners of the lyrics of the song. This term is often used when the copyright owner of a musical work is unknown or not specified.

If the song only appeared in the...
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1 Answer | Asked in Copyright and Intellectual Property for California on
Q: i want to get the right for selling scooby doo pictures from the Hanna-Barbera Productions, Inc.how can make it
James L. Arrasmith
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James L. Arrasmith PRO label
answered on Mar 8, 2023

To obtain the right to sell Scooby Doo pictures from Hanna-Barbera Productions, Inc., you would need to obtain a license or permission from the company. This would involve contacting the company and requesting a license agreement or permission to use their intellectual property.

You may...
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1 Answer | Asked in Trademark and Copyright for California on
Q: Can I use trademarks in book content?

I want to write a book about "iconic cars in history" can I use car brand, models and their pictures inside my book?

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Mar 4, 2023

It is possible to use trademarks in book content, including brand names and model names, as long as you are using them in an editorial or descriptive manner to refer to the products themselves. However, you should be aware of the limitations of trademark law.

In general, using a trademark...
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1 Answer | Asked in Copyright, Entertainment / Sports and Intellectual Property for California on
Q: Can I sell products that incorporate names/quotes from a television series?

I operate a Facebook group based on a popular television show, and it has grown to over 100,000 members. We are considering monetizing the group to sell apparel, accessories, etc. with quotes and graphics from the show. What is considered copyrighted material, and therefore not able to monetize,... Read more »

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Mar 1, 2023

If you are considering monetizing products based on a popular television show, you should be aware that many elements of the show, including quotes, characters, and names, may be protected by copyright law. The copyright owner of the show has the exclusive right to reproduce, distribute, and... Read more »

1 Answer | Asked in Copyright and Intellectual Property for California on
Q: A producer has copyrighted a movie and left his two equal share owners of the copyright, can I force him to include us?

A producer has produced a movie and copyrighted the movie under his own name. The issue is that myself, and my non-profit charity foundation which is set up to help children with cancer, are all equal share owners of a movie with the producer. All three of us share the same percentage ownership in... Read more »

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Feb 26, 2023

If the contract that you signed with the producer does not grant the producer sole ownership of the copyright, and the producer did not list all three owners on the copyright registration, you may have legal recourse to seek an order that the producer list all three owners on the registration.... Read more »

1 Answer | Asked in Business Law and Copyright for California on
Q: I took a test. It’s fresh in my mind. Can I create a study guide that’s similar but not the test and sell it?

Would this still fall under copyright infringement? It’s pretty much just a list of facts to know that will likely show up on the test in the form of questions and answers.

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Feb 20, 2023

Creating a study guide based on your recollection of a test could potentially be considered copyright infringement if the questions and answers are substantially similar to the original test. This is because the questions and answers on the test are likely considered original works that are... Read more »

2 Answers | Asked in Copyright, Entertainment / Sports and Intellectual Property for California on
Q: what is the copyright law on an someone performing another artists song on social media?
James L. Arrasmith
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James L. Arrasmith PRO label
answered on Feb 20, 2023

In general, copyright law gives the owner of a copyright the exclusive right to perform the work publicly. This means that if someone performs another artist's song on social media without permission, they may be infringing on the artist's copyright.

However, there are some...
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1 Answer | Asked in Copyright and Internet Law for California on
Q: Can I sue someone who shared my explicit content online?

I had an onlyfans page where I shared explicit content behind a paywall. One of my subscribers then illegally downloaded one of my videos and then posted a link for others to download on a leaked nudes forum. I know who the person is, could I sue them for sharing the content without my consent... Read more »

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Feb 20, 2023

Yes, in California, you may be able to sue the person who shared your explicit content online without your consent. California has laws that protect individuals' privacy rights, including the right to control the use and dissemination of intimate images.

Under California's Revenge...
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2 Answers | Asked in Copyright, Patents (Intellectual Property) and Trademark for California on
Q: I have a superhero who is a literal archangel would I still be infringing on Marvel's archangel?

They have the same name: archangel. They both superheroes. They have a similar look (human with wings... Like an angel). But that's it.

The story is radically different. Marvel's archangel is a mutant originally called angel until his wings are replaced by mechanical wings. That... Read more »

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jan 25, 2023

This is more of a trademark issue than copyright, unless the image of your character is identical to the Marvel character.

ARCHANGEL was a registered trademark of Marvel in 1994 for comic books, but that registration was cancelled in 2005 for failure to file a statement of continuing use....
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1 Answer | Asked in Copyright and Entertainment / Sports for California on
Q: Can my clipsite store be completely terminated for DMCA even if I was never warned or able to defend myself

I had a clupstore open on an adult clipsite. I was able to upload MP3 audios and get paid when people purchased them . One day out of nowhere I received an email from the clipsite I did business with and it simply said that my store was permanently terminated and closed due to DMCA. I had never... Read more »

Lindsay Gunn Spiller
Lindsay Gunn Spiller PRO label
answered on Dec 27, 2022

Using film clips owned by someone else without their authorization violates the copyright. If the film clip was posted online, it might be taken down through the Digital Millennium Copyright Act (DMCA). The DMCA allows individuals to file a complaint with website administrators when they believe... Read more »

1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: Trademarks vs. copyrights?

Trademarks vs. copyrights? I have a business where I create websites and apps. I am not inventing anything new just adding a different take on already existing products. For example, I am doing a mindfulness app for kids. Do I need to trademark everything I do or can I just copyright my work?

Erik Špila
Erik Špila
answered on Nov 12, 2022

Most businesses do at least "bare minimum" in case of trademarking and that means that they try to trademark at least their main business name and their main product name. Even though copyright protection might extend to some of your business outputs, it does not offer you the trademark... Read more »

1 Answer | Asked in Copyright and Intellectual Property for California on
Q: IP question. If you sell a Zippo lighter on eBay they will have the listing removed for using the name Zippo.

Would this hold up in a court if you were to sue them when you were just selling a real (and more likely used) zippo?

And what if you painted the lighter to decorate it? would Zippo be in the right then for modifying it?

Thanks

James R. Dickinson
James R. Dickinson
answered on Oct 31, 2022

Speak with an intellectual property attorney in your area. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

Q: How would copyright or patent for musical equipment work internationally?

Let us say that Country XYZ has no such thing as copyright infringement and they make musical gear

with preexisting recordings from other companies, and it is perfectly legal in that country.

If a musician in the USA, where it would not be legal to use preexisting recordings from... Read more »

David Luther Woodward
David Luther Woodward
answered on Oct 23, 2022

What you propose sounds a lot like copyright infringement. I don't understand your terminology--like what do you mean by "gear". An instrument, to me, is a horn, a guitar, a piano, etc., not something that reproduces pre-recorded data.

1 Answer | Asked in Copyright, Intellectual Property and International Law for California on
Q: Do "imported" music/synthesizer software have to meet US regulation on sampling and copyright? Or only in that country?

Hello. If I wanted to purchase a virtual synthesizer from a developer abroad that followed the sampling laws of the country it was made in, could I use that synthesizer in my music? In other words, if the sampling laws of that country were different than that of the US, how would that effect what... Read more »

David Luther Woodward
David Luther Woodward
answered on Oct 23, 2022

I don't really understand your question, but intellectual property protections like trademarks, copyrights and patents protect the owner's rights, not yours nor that of the U. S. Government--while there are criminal infractions of various relevant statutes.

If you have permission...
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1 Answer | Asked in Copyright and Entertainment / Sports for California on
Q: Will pages of a script used as illustration in an ebook on screenwriting be covered under Fair Use?

I'm writing a 30 to 40-page e-book for screenwriters on how to incorporate hidden movie Easter eggs in their scripts to deepen the meaning of their story and keep viewers coming back to see their movie over and over again.

I'm analyzing three particular movies. Within the... Read more »

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Oct 5, 2022

Copyright Disclaimer under section 107 of the Copyright Act 1976, allowance is made for “fair use” for purposes such as criticism, comment, news reporting, teaching, scholarship, education and research. Fair use is a use permitted by copyright statute that might otherwise be infringing.... Read more »

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