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California Copyright Questions & Answers
1 Answer | Asked in Copyright for California on
Q: Do I have to pay for a Cease and Desist?

I received a Cease and Desist from a German company called Zielinski Legal, that works with a company called PhotoClaim, for using a photographers image on a blog post of mine in 2015. They are requesting I take the photo down AND reimbursement for copyright infringement and damages.... Read more »

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp answered on Jan 22, 2022

If you have liability it would be under US law.

It would be prudent to remove the image, now that you are on notice of a copyright infringement claim. Whether or not you have liability for damages, and how much could be claimed, are determinations that should be made by an experienced...
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1 Answer | Asked in Copyright for California on
Q: Can you sell a photo taken inside a private property, specifically a parking building? Without property release?

I have taken a photo of a parking entrance. There are no people or logos included. Can I sell this photo and don't need any property release?

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp answered on Jan 11, 2022

No permissions are required to photograph the exterior of a building from a publicly accessible spot. The photographer owns the copyright in the photo, and may reproduce, distribute, sell or license it. The photographer should include a copyright notice ("© 2022 John Smith") on copies to... Read more »

1 Answer | Asked in Copyright and Trademark for California on
Q: Can I take a picture of a wrestling belt & use it as a template to create my own picture & use it on a shirt to sell?

I purchased a replica wrestling belt, and I was wanting to take a high resolution picture, upload it to my PC, and digitally through an art program to make an altered and custom version of the belt, and use that new image on a shirt to sell. I was wondering if that was something I can get in... Read more »

John Martin Hilla
John Martin Hilla answered on Jan 9, 2022

It is possible that you would be infringing on the trademark of the issuer of the belt (World Wrestling Federation, etc.). it is also possible that you would be infringing on the copyright of the designer of the original belt.

It is best to consult with an intellectual property attorney to...
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1 Answer | Asked in Copyright and Appeals / Appellate Law for California on
Q: Our account got terminated by YouTube

Hello, we got a false accusation by YouTube that we submitted abusive legal requests and terminated our account. Tried to reach them but they never response or take any action. Seeking a resolution for legal advise!

Joshua J. Schroeder
Joshua J. Schroeder answered on Jan 7, 2022

Greetings! Here I will discuss only general information regarding the topic you mentioned here. Nothing I express below creates a lawyer/client relationship. I encourage anyone experiencing a de-platforming issue to schedule a consultation with a lawyer that knows this practice area to get the... Read more »

1 Answer | Asked in Copyright and Intellectual Property for California on
Q: If a book has entered public domain, do the original publishers still retain copyright on their first book production?

Or can an exact copy of the first book (same cover, design, formatting etc) be made and used commercially?

Thomas James
Thomas James answered on Dec 27, 2021

No element that is in the public domain is protected by copyright. Be aware, however, that the copyrights in different elements might have different owners and different durations.

1 Answer | Asked in Copyright and Trademark for California on
Q: Does Got Juice have a trademark?

Will I be able to sell my clothing line all though we're selling different goods with the same name?

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 27, 2021

You need to hire an attorney to do searches and evaluate your risk.

1 Answer | Asked in Copyright and Trademark for California on
Q: how can i purchase a status 606-abandoned -no statement of use filed ...serial number 88035552
Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 27, 2021

Maybe

You can file for a trademark, but getting it is a different thing.

You may not be entitled to use the mark as widely as you think.

Consults with an attorney.

3 Answers | Asked in Contracts, Copyright, Employment Law and Employment Discrimination for California on
Q: Iam a licensed cosmetologist. Is it illegal to advertise pictures of hair I have previously done at another shop?

Only way to know it was at that shop is the paint color in the background. I work somewhere else now and the owner to the previous shop threatened me saying she's going to sue me because the pictures belong to her since it was at her shop. However the clients have followed me to the new shop... Read more »

Neil Pedersen
Neil Pedersen answered on Dec 21, 2021

Yes it is possible that you could face liability. However far more would need to be known before anyone could give you a definitive answer. You need to seek out a specific consultation with an attorney.

Good luck to you.

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Q: Does this 9447159 patent cover all Fc heterodimeric cytokines with an antigen binding moiety (not just CEA-IL2)?

My question is whether this patent covers all heterodimeric immunoconjugates or immunocytokines as described in Claim 1. Specifically, cytokine could be any secreted growth factors that are not mentioned in the patent. Antigen binding moiety could mean any bivalent antibody although the patent... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 15, 2021

You need to hire a patent attorney or expert in the field to do this analysis for you.

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1 Answer | Asked in Copyright and Intellectual Property for California on
Q: Hello. I would like to learn about the acknowledged copyright issue?

Hello. I would like to learn about the knowledge copyright issue. we have received a TRO. The plaintiff complained that we infringed on the design patent. But obviously, I think there is a significant difference between our product and theirs. We have found at least 5 specific points. We would be... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Nov 22, 2021

You need to consult with an attorney to understand your options and risks.

2 Answers | Asked in Copyright, Education Law and Intellectual Property for California on
Q: How can I legally include scenes from movies or other media in a teaching course that I'm creating and selling?

This is a teaching course that is all my original material, but movie scenes and songs will be used as examples (this is a language course).

Marcos Garciaacosta
Marcos Garciaacosta answered on Nov 21, 2021

If you are using them consistently you would need a license.

You need to talk to an attorney.

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3 Answers | Asked in Trademark and Copyright for California on
Q: Can i use vitastation as my store and trademark since it was abandoned?

I already purchased thevitastation.com domain.

Also vitastation.com domain is Available

Can use this name and register it as my llc and trademark?

Marcos Garciaacosta
Marcos Garciaacosta answered on Oct 24, 2021

depends, you need to consult with an attorney to understand your options and risks

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3 Answers | Asked in Trademark and Copyright for California on
Q: Can i use vitastation as my store and trademark since it was abandoned?

I already purchased thevitastation.com domain.

Also vitastation.com domain is Available

Can use this name and register it as my llc and trademark?

Marcos Garciaacosta
Marcos Garciaacosta answered on Oct 24, 2021

depends, you need to consult with an attorney to understand your options and risks

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1 Answer | Asked in Copyright for California on
Q: I was in a documentary, supposed to be paid and sent a copy before its release. that didn't happen. What now?

The organization is called Homerise and they are the (slimy) nonprofit that houses me. The entire thing was quite casual and entirely verbal, meaning I do not remember signing a release. However, the agreement was that I would be paid and be sent a copy of the video before it was released, but it... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Oct 20, 2021

Sounds like a complicated case.

You should consult with an attorney.

Your recovery may depend on how much work you did and how much money they are making.

If you are in the film for a few seconds or minutes your recovery may be a few dollars.

If it is not making any...
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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

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