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California Copyright Questions & Answers
2 Answers | Asked in Copyright and Patents (Intellectual Property) for California on
Q: Do I use/buy a trademark,copyright,or a patent to claim a username/name
Robert P. Cogan
Robert P. Cogan
answered on Mar 16, 2021

All your answers are in the excellent tutorial material at uspto.gov and copyright.gov.

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1 Answer | Asked in Copyright for California on
Q: Can I use this?:

I am wondering if I can use this message. “This work is based upon real events. Certain events, dialogue and characters were created for the purposes of fictionalization.”

Marcos Garciaacosta
Marcos Garciaacosta
answered on Mar 11, 2021

you should be able

don't see any issue

always consult with an attorney

2 Answers | Asked in Copyright for California on
Q: Can I use my mother's ex-husband's name if he cheated on her? Stating this fact.
Robert P. Cogan
Robert P. Cogan
answered on Mar 11, 2021

You have already done so. You have not spelled the name out, but "author's husband" should be a clear identification.

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2 Answers | Asked in Copyright for California on
Q: Using a person's name in a screenplay without asking for permission?

I have already asked this question. How do I use a person's name in a screenplay without asking for permission?

Robert P. Cogan
Robert P. Cogan
answered on Mar 10, 2021

You can do this by using the person's name and hoping that (1) the person never finds out or (2) finding out later that you did not need permission in the first place.

(This is simply a straightforward approach to the issue. It is not a flip answer.)

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1 Answer | Asked in Copyright for California on
Q: I am writing a biographical screenplay about my mother, Rosemary Rogers. She was a famous romance novelist.

In my screenplay I am writing about her first husband. Not my father. Her fist husband cheated on her. That is why she divorced him. Her first husband was a man of fame in Sri Lanka. He was once known as 'the fastest man in Asia'. Can I use his name in my script? I need it.

Robert P. Cogan
Robert P. Cogan
answered on Mar 9, 2021

The answer depends on many factors. The first, of course, is what you write about him. It is sounds like you would do more than simply mention his name. There are other points of interest. The legal issues include defamation, right of publicity, invasion of privacy to name a few. Whether your use... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: Hello, would this name violate a word trademark if the products are very different?

Hi,

I thought this would be a quick and easy question for someone here who wanted to help. Unfortunately, I'm not really in a financial situation to hire an attorney/lawyer.

I'd like to publish a book with the title "___ for Potato Heads" similar to one of those... View More

Peter D. Mlynek
Peter D. Mlynek
answered on Mar 9, 2021

No, sorry, you'll likely cannot use "____ for Potato Heads" as a series title.

Why don't you do what the Beatles did when they wanted to record "Dr. Pepper Lonely Hearts Club Band"? Just work rework it from "___ for Potato Heads" to "__ for...
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1 Answer | Asked in Copyright for California on
Q: I need to know if I can use my mother's first husband's name in my screenplay without his permission.

I am writing a biographical screenplay about my mother. She was a famous romance novelist. She passed away in November, 2019. She divorced her first husband for cheating on her. Afterward she met my father. I have two half sisters and a full brother. My sister doesn’t want me to use her... View More

Robert P. Cogan
Robert P. Cogan
answered on Mar 3, 2021

Writing about a living person can raise issues of defamation, right of publicity, and false light, among others. There are many ways to do it wrong and a few ways to do it right. Some details may just have to be left out. A more complete statement of facts and a careful analysis by an attorney... View More

4 Answers | Asked in Bankruptcy, Contracts, Copyright and Criminal Law for California on
Q: Can I use word "Minnie" in my brand title, brand logo. I only use "Minnie", not "Minnie Mouse", is it ok?

For example, my brand is: Pinky Minnie Couture or Destiny Minnie Arts ...

David Michael Lehr
David Michael Lehr
answered on Feb 25, 2021

Not a criminal law question.

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1 Answer | Asked in Copyright for California on
Q: Can a book published in the 1850s in England (copyright expired in 1900s) be copyrighted by a US publisher in 1970s?
Robert P. Cogan
Robert P. Cogan
answered on Feb 22, 2021

New material is subject to copyright protection. A new book including the old book plus a new introduction may be published and the new introduction may be subject to copyright protection. The old book will not be subject to copyright protection. Depending on what you want to copy, what you want to... View More

1 Answer | Asked in Business Law, Copyright, Identity Theft and Intellectual Property for California on
Q: INTELLECTUAL PROPERTY Can we make arguments for laws around transmission of signals being focus by trajectory on human

C

If processing of signals constantly being held consistent of my attention and/or just comprehension of just auditory vibration of non audio frequency in turn creates a usable feature for in chip processing products and telecommunications. So communication by exchanging of similarities... View More

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 17, 2021

Exactly what are you trying to accomplish? Your question is not clear.

1 Answer | Asked in Contracts and Copyright for California on
Q: Can the copyright owner/producer fire the director/writer/producer and post-produce and release his version of the film?

A and B signed an agreement with regard to A and B collaboration on that certain short Film based on the screenplay written by B. A paid B a flat fee for writing services. A and B produced the Film.

All rights and copyright (and any renewals, extensions and continuations thereof),... View More

Maurice Mandel II
Maurice Mandel II
answered on Feb 6, 2021

Read the contract.

Justia disclaimers below, incorporated herein.

3 Answers | Asked in Copyright for California on
Q: Is the posting of a person's mugshot on Google the same as slander ?
William John Light
William John Light
answered on Feb 1, 2021

Slander is the false statement of fact that damages someone's reputation. Publishing a mug shot doesn't sound like a false statement. Publishing mug shots of a minor can be illegal. Charging people to remove mug shots can be illegal in California.... View More

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1 Answer | Asked in Consumer Law, Copyright, Business Formation and Trademark for California on
Q: What are the limits of using 'Established by ' in company logo? Does it have to mean when the business was established?

I'd like to create a business logo that has 'Est. 2000', but that's not when the business was created; rather, it's when my child was born. Is that false advertising?

Maurice Mandel II
Maurice Mandel II
answered on Jan 26, 2021

A good guideline would be: if you think it is false advertising, it probably is not a good idea. It would be false advertising to say you were in business for 21 years if you were not. Probably not a big deal if you were in business for 19 years, but if it was only 2, it could become an issue.... View More

3 Answers | Asked in Copyright, Patents (Intellectual Property) and Trademark for California on
Q: If I start a devotional blogger aimed at upholding Jedi conduct for better habits, do I need to ask Disney's permission?

This would be on the google Blogger server and would eventually carry a chain of willing authors as well as a great many Starwars links in support of the franchise.

Robert P. Cogan
Robert P. Cogan
answered on Jan 25, 2021

The question raises copyright and trademark questions. In all likelihood Disney would not care if you supported the franchise. The facts do not indicate how you would make references to Disney properties or possibly use them. There may be ways to do it right. There are very many ways to do it... View More

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1 Answer | Asked in Copyright for California on
Q: Is blurring a watermark on a video clip a direction violation of copyright law or is it legal?

We own a list channel on YouTube, we make videos such as “7 Biggest Houses in the World” everything is under fair use (we have a voiceover over the clips and we use minimal footage as possible) and sometimes there are watermarks on video clips, are we allowed to blur the watermarks on the clip?... View More

Bernard Samuel Klosowski
Bernard Samuel Klosowski
answered on Jan 17, 2021

The questions are very fact specific, so an IP attorney should be consulted for legal advice.

Generally speaking, it's not uncommon to confuse or conflate copyright "Fair Use" and trademark "Fair Use" and to misunderstand the role and limits of "Fair...
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2 Answers | Asked in Copyright and Trademark for California on
Q: I am planning to start self-publishing books under a pen name. What legal steps do I need to take in order to this?

I'm a little confused about the process. I'm forming a LLC, but beyond that, do I need to create a DBA in the pen name? Do I need to trademark it? Do I need register for a copyright?

Marcos Garciaacosta
Marcos Garciaacosta
answered on Jan 11, 2021

You should definitely sit down with an attorney and understand all the issues associated with it.

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1 Answer | Asked in Contracts, Copyright, Criminal Law and Legal Malpractice for California on
Q: I'm not sober under the influence to my attorney. Is it illegal can I suspend their bar? What is it called by law code.

I'm not sober drunk and high on drugs. They're all seeking advantage of me doing white collar crime fraud scheme. What is it called by code of law?Can I suspend their licence bar?

Rhonda Mae Hixon
Rhonda Mae Hixon
answered on Jan 1, 2021

A lawyer involved in a 'white collar crime fraud scheme' would surely face the loss of their license with the state bar, not-to-mention criminal prosecution. You can file a complaint at The California State Bar website- calbar.ca.gov or call (800) 843-9053. It might be wise to consult... View More

2 Answers | Asked in Contracts, Copyright and Entertainment / Sports for California on
Q: How much ownership of music do I have when a producer does a different version of the music I originally created?

I wrote a song and did the music arrangement in Logic Pro X using many royalty free loops to create my song. If I work with a producer who does his own interpretation of my original song via new music production how much ownership do I have regarding the music content?

I copyrighted my... View More

Robert P. Cogan
Robert P. Cogan
answered on Dec 23, 2020

"Influenced by your original song" may or may not be a derivative work. His audio needs to be compared to your work.

A split sheet is useful. You might want to use a collaboration agreement along with the split sheet.

Please also see my answer on Avvo.

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1 Answer | Asked in Copyright for California on
Q: Can i use the deathly hallows symbol charm on keychains?
Marcos Garciaacosta
Marcos Garciaacosta
answered on Dec 23, 2020

I would not.

Too close to infringing unless you are selling licensed products.

1 Answer | Asked in Copyright for California on
Q: I have a jurisdiction question. I am a German resident (U.S. citizen) but had a PO Box in California.

I am facing a lawsuit over a copyright issue. A California attorney is threatening to take me to court over using a copyrighted creative commons image on my website. I have since closed that PO Box and have no physical ties in the U.S. Since I am not a resident of the U.S. can they serve me here?... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Dec 13, 2020

There are many ways for serving somebody in a lawsuit including service by mail, via a consulate, by publication and more.

So technically they can serve you.

And if you do not respond you can be found responsible by default.

They could ask a German court to enforce the...
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