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California Copyright Questions & Answers
1 Answer | Asked in Copyright for California on
Q: Can I copy 4 words/lyrics from a well known copyrighted song? I want to use them as my music album title. Thanks!
Marcos Garciaacosta
Marcos Garciaacosta
answered on Dec 10, 2020

Depends on how unique those words are and if they are closely identified with the song.

If they are indeed unique, are not generic and can be easily identified, then you would very likely be infringing their rights.

You should consult with an attorney to make sure you understand...
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1 Answer | Asked in Copyright for California on
Q: Depositions in California

I am a pro se litigant in California w/ a federal case in the Superior Court. I am ready to do depositions. Do I absolutely need a court reporter or per Federal Rule 30 can I record via audiovisual or audio and have a notary public administer the oath? Thank you.

Maurice Mandel II
Maurice Mandel II
answered on Dec 4, 2020

As a pro se litigant you are held to the same standards as an attorney. You need an attorney because you obviously don't understand Civil Procedure. You are NOT in a "federal case in the Superior Court." because the Superior Court is a state court not a Federal Court. If you want... View More

1 Answer | Asked in Copyright for California on
Q: What legal steps do I take when someone offers 50% partnership for investing in their new product and they don't deliver

I invested a year ago into some software someone developed. I was told my name would be on the registration of the product. That I would be receiving checks from the proceeds. I feel like I've been duped. I call them on it and I get empty promises. For a year now.

Marcos Garciaacosta
Marcos Garciaacosta
answered on Dec 3, 2020

Depending on how you entered into the agreement you may have a basis for a lawsuit.

It may be more expensive to fight than what you invested, so balance your options.

If it was presented as an investment, it may violate state and federal regulations so you can report him and have...
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1 Answer | Asked in Copyright and Intellectual Property for California on
Q: Copyright question: Someone is using my sample artwork of a job he never paid me to finish for an album cover.

I'm a visual artist and someone had asked me to recreate one of my images with them photoshopped into it. It was for an album cover and I was happy to help another artist out- I told him I would do it for $25, to which he agreed and asked if I could do it that day. I started working right... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Dec 3, 2020

Send a letter. You could sue in small claims for the payment.

Anything bigger than that would be more expensive than the benefit.

Best luck!

2 Answers | Asked in Copyright and Patents (Intellectual Property) for California on
Q: Does this language dissalow the usage of a two layer collapsible elastopolyer design in hexagon fashion?

"The pillow cushion has a first major surface, a second major surface, and deformable wall members extending between the first major surface and the second major surface. The deformable wall members are located and configured to define voids therebetween such that the deformable wall members... View More

Kevin E. Flynn
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Kevin E. Flynn
answered on Dec 2, 2020

I see that what you quoted has more than one period. It looks like you are quoting the abstract. That is not what you need to look at. You need to have a patent attorney review the issued claims and see what they require.

A claim may have 25 nouns and 25 verbs but by law has only one...
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2 Answers | Asked in Copyright and Intellectual Property for California on
Q: Can I patent and idea or concept of a device me and my team created?
Liliana Di Nola-Baron
Liliana Di Nola-Baron
answered on Nov 17, 2020

While ideas are not patentable per se, a device may be patentable if it is fully described in the patent application, it has utility, and it is new and non- obvious over similar devices that exist in the prior art.

Please give me a call if you wish to discuss.

Liliana Di...
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1 Answer | Asked in Bankruptcy, Consumer Law, Contracts and Copyright for California on
Q: Im with my best friend jesus
Maurice Mandel II
Maurice Mandel II
answered on Nov 14, 2020

Hallelujah! And Amen.

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1 Answer | Asked in Consumer Law, Real Estate Law and Copyright for California on
Q: Termination notice for Month to month lease, after a year of leasing house.

Background: We live in Santa Clara county, California. We have rented a house from a private owner.

This house was initially on a yearly lease and then moved to the month to month lease.

We have following clause in the agreement.

TERMINATION: After expiration of the leasing... View More

Maurice Mandel II
Maurice Mandel II
answered on Nov 13, 2020

The law says 30, your agreement says 60, it sounds like you agreed to 60. Suggest you discuss with the LL. Point out that he has to pay you a month's rent as moving allowance, or forego the last month rent. Negotiate.

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2 Answers | Asked in Copyright for California on
Q: I'm making a series featuring some Disney Pixar characters, and I want to host a private website to show off my ideas.

Of course, drawings of the characters will be featured (looking how they do in the movies so you get the feeling you're really watching the show, but it's my own art, I'm not selling it, and VERY FEW people will see this, it's a private site, remember), so, despite this just... View More

Kathryn Perales
Kathryn Perales
answered on Nov 7, 2020

What you're describing is clearly copyright and trademark infringement, and Disney is well known for coming after infringers. I wouldn't invest too much money in the project, if I were you. You do see Pixar fan fiction on the internet, and Disney doesn't seem to be too concerned... View More

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1 Answer | Asked in Copyright for California on
Q: How can I legally sell my tee shirt design based on the Brady Bunch?
Robert P. Cogan
Robert P. Cogan
answered on Nov 6, 2020

What does "based on" mean? More information is needed to evaluate the situation.

See disclaimer below.

1 Answer | Asked in Contracts, Copyright and Criminal Law for California on
Q: I am looking for an extremely aggressive divorce/custody lawyer.

My divorce is getting nasty and I need a lawyer who is afraid of no one! Will keep in close contact with me and do what needs to get done!

Dale S. Gribow
Dale S. Gribow
answered on Nov 5, 2020

which courthouse and i will try to direct you to a few...........

1 Answer | Asked in Copyright for California on
Q: Posted Xray Nudes, will I get in trouble
Maurice Mandel II
Maurice Mandel II
answered on Nov 2, 2020

Not enough information to be able to respond about "trouble." Since you posted in Copyright, unless the Xray Nudes you posted were subject to a copyright in favor of another person, no, no copyright troubles. Depending what you mean by "Xray Nudes" it is possible you will have... View More

1 Answer | Asked in Copyright for California on
Q: Is it against US copyright laws if I publish photos of a medical device?

I am a physician and I own many medical devices and equipments and medical supply that I use in my office for simple office procedures, for example a device to remove skin lesions, or a device to do biopsy etc. If I take a photo of these devices/equipment/supplies and publish them in my website (or... View More

Steve Charles Vondran
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Steve Charles Vondran pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 27, 2020

This is not legal advice. Generally, when I do something like that, I will take a photo and if I use it on my website, or in a brochure, I will comment on the photo. For example, here is my Law Copier, I love this thing. This will help with a "fair use" defense if anyone tries to give... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: If I have a product that I would like to register under a CC license, do I need a trademark for the logo and brand name?

Its music that I wish to allow the public to distribute while retaining commercial rights by licensing my work as CC BY NC 4.0. However, I would like to use a band name and a logo to promote this music while also selling physical media and merch.

Timothy John Billick
Timothy John Billick
answered on Oct 22, 2020

Registering your name as a trademark is not required to accomplish this goal, but it is definitely advisable! A registered TM gets you lots of additional federal protections (nationwide rights, presumptive priority, ability to sue for attorney's fees, etc). Please consult an IP attorney to see... View More

2 Answers | Asked in Copyright for California on
Q: Is it necessary to ask permission first before I use facts that I learned from websites, books, or videos?

I'm making a website on animals. Each page will have basic information and facts about a particular animal. Obviously, to write about them, I need to learn about them first! So if I go and learn about them from other websites, books, or videos, can I write about what I learn without mentioning... View More

Floyd Edwin Ivey
Floyd Edwin Ivey
answered on Oct 15, 2020

If you are copying from a work of Authorship, e.g., a book chapter, then you must have permission unless your use is for "criticism, comment, news reporting, teaching (including multiple copies for classroom use) scholarship or research" where each of these are excluded from infringement... View More

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1 Answer | Asked in Copyright for California on
Q: Scheduling Order

I am a pro se litigant. On my scheduling order I have deadlines for written discovery, expert witnesses, depositions and ‘other discovery’. What does the court include when referencing ‘other discovery’?

Maurice Mandel II
Maurice Mandel II
answered on Oct 8, 2020

It could be a number of things, you have to look at Civil Discovery under the rules of the Court you are in. It could be a physical inspection, Expert Witness designation, or a number of other things. Best if you get an attorney to assist you.

Justia Disclaimers below, incorporated herein.

1 Answer | Asked in Copyright and Intellectual Property for California on
Q: a German attorney is threating to take us to court unless we sign Declaration of Cease and Desist

He sent an email threating to take us to court under the German Law if we didn't sign this by

9/30/2020- The person named below as respondent

1Zumba address (respondent) hereby undertakes in respect of

Anthony Ayiomamitis, Oropos (www.perseus.gr) (complainant)... View More

Timothy John Billick
Timothy John Billick
answered on Oct 6, 2020

He would have to demonstrate that he could get jurisdiction over you in a German or EU court. I have no idea what actions he is accusing from this above description, but it seems unlikely he would be able to accomplish this feat. You should consult with a copyright lawyer with DMCA experience as to... View More

2 Answers | Asked in Copyright and Trademark for California on
Q: what's the first step to acquire an abandoned trademark?
Joanne Belasco
Joanne Belasco
answered on Oct 2, 2020

Your first step should be to have a trademark attorney assess why it was abandoned. For example, it might be that the Examining Attorney for the USPTO issued an Office Action that the applicant did not think he or she could overcome. If that is the case, you may not be able to get the trademark... View More

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1 Answer | Asked in Copyright for California on
Q: I have a copyright for a song (It's a cowgirl thing) on Esty, Amazon, Redbubble etc. products being sold with these word

Some of the products include extra wording (boots & bling it's a cowgirl thing) a few years back I notice the same thing going on, I contacted the sellers and ask them to stop and they did. This time the number of sellers has gone way up. One even put 2020 copyright. logo on there web... View More

Timothy John Billick
Timothy John Billick
answered on Sep 29, 2020

You are bouncing between copyright law and trademark law; and a competent attorney would need more information before giving you some useful guidance here.

Copyright law is intended to protect your creative expressions, whereas trademark law is designed to protect words/phrases/logos/(and...
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2 Answers | Asked in Copyright, Intellectual Property and Trademark for California on
Q: If I used the "LA' from the LA Dodgers & printed on a hat to sell, is that trademark infringement? Upside down as well?

For example I use the iconic "LA" logo on a hat to sell for my business, would that be trademark infringement. Let's say I change the font size, or flip the letter upside down, or add coloring, does it make a difference? Does this apply for the "SF' in SF Giants as well?

Evelyn Suero
Evelyn Suero
answered on Sep 27, 2020

If a mark being used is confusingly similar to another trademark and/or causes confusion as to the source of the goods or services (ie. where consumers may believe the other company to be the source of the goods), the use may be deemed trademark infringement.

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