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California Copyright Questions & Answers
1 Answer | Asked in Copyright and Trademark for California on
Q: Will there be any conflict with me using the name "Lord Farquaad" for my Twitch channel?

I will be using this name to represent myself in front of an audience and may create logos with this name tied along. I will not be using the actual Dreamworks character in the branding. Thank you for answering.

Marcos Garciaacosta
Marcos Garciaacosta
answered on Apr 16, 2020

Very possible.

It will be up to the owner of the character to do anything about it.

You should consult with an attorney.

2 Answers | Asked in Copyright for California on
Q: My wife has started a YT channel with her readings, in Russian, of classic Russian literature, available free.

Current recordings are from one to 30 minutes each; future recordings may be one or more hours.

Most for children, some for adults.

Poems, fables, stories by authors such as Pushkin, Tolstoy and others.

All source material is 70+ years old, in public domain. ~30 recordings... View More

Barbara Berschler
Barbara Berschler
answered on Apr 16, 2020

You have raised a very interesting set of question, which contains several copyright related issues to be considered. While the underlying literary works may be outside of copyright protection, your wife's recordings are derivative of those works and it seems would have their own level of... View More

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1 Answer | Asked in Copyright, Business Law, Intellectual Property and Trademark for California on
Q: If one starts a website that lists doctors, can you use a headshot & bio from the doctors website without permission?

This would be just a directory of doctors and their business information found on their website.

Marcos Garciaacosta
Marcos Garciaacosta
answered on Apr 14, 2020

You are in risky territory

Besides having a consultation with an attorney, you should consider having an engagement plan with the doctors so you can remove them and change information.

www.legalbizglobal.com

2 Answers | Asked in Copyright, Gov & Administrative Law, Intellectual Property and Internet Law for California on
Q: Does my employer have rights to the teaching materials I have prepared at home on my own computer and on my own time?

I am an adjunct lecturer at a university in California. My employment status is part time and varies from quarter to quarter. I have evidence that all my teaching materials including lectures, power point slides, quizzes, exams, etc. are readily available for download from a University server.

Tania Maria Williams
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answered on Mar 25, 2020

Unfortunately, they might because the materials were created during the scope and course of employment for the purpose why you were hired. You may want to check your employment agreement if you have one because ther usually is a clause regarding the ownership of intellectual property.

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1 Answer | Asked in Copyright and Intellectual Property for California on
Q: Can I print and sell a shirt if it's in public domain?

Hi. "Phantom of the Opera", the classic 1925 silent film is in the public domain. Does this mean I can legally print a t-shirt with the Phantom's face on it? I don't want to be sued by Lon Chaney's family for infringement. Can I use this image as long as it doesn't... View More

Tania Maria Williams
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answered on Mar 12, 2020

Keep in mind that while a work may no longer be protected by Copyright that doesn’t mean it’s not protected by trademark if the brand is still being used. Also, while the 1925 film may be in the public domain other derivative works like the Broadway musical may not be.

1 Answer | Asked in Copyright for California on
Q: Do I need to reply to a cease and desist email if I am no longer selling the product.

All products in question were removed from my webstore. And a credit was issued by my manufacturer. They claim that the product itself is not in violation just some of the designs

John Francis Nicholson
John Francis Nicholson
answered on Mar 5, 2020

You may want to send a brief reply putting the email sender on notice that there is nothing there-there to pursue. If you do not reply they may get more aggressive based upon misinformation which may cause you problems and further involvement that you do not need. If you provide them the... View More

1 Answer | Asked in Copyright for California on
Q: Can I use a organization's logo to show our membership of that organization of on our website or is that infringement ?

Our company made it to the INC 5000 list and we wanted to show that we are part of that list on our website by displaying the INC 5000 logo. They want to sell us a 12-month license to their logo for a ridiculously high price so I wanted to know if we can take their logo online and just post it... View More

Tania Maria Williams
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answered on Mar 2, 2020

Usually the use of someone's logo involves a license. You can link to the article on their website but to use their logo may be problematic.

2 Answers | Asked in Copyright, Intellectual Property and Trademark for California on
Q: how to I contact trademark owner for licensing on using their trademark?
Darrin A. Auito
Darrin A. Auito
answered on Feb 24, 2020

Check the Current Owner(s) Info and Attorney/Correspondence Info tabs on USPTO's TSDR link for the subject trademark. You can either reach out directly or through counsel. Both approaches have advantages.

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1 Answer | Asked in Business Formation, Business Law, Copyright and Trademark for California on
Q: i have a online business i am starting wanting to sell dog accessories and was wondering what trademark code would i use

i am going to sell collars, leashes, treats, clothing, toys, beds, etc and some things like collars/leashes/treats will be homemade

Tania Maria Williams
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answered on Feb 3, 2020

The classification codes vary depending on whether the product is a good or service. It would not be possible to truly answer your question without more information as, simply based upon your list, you will likely have multiple classification codes as pet apparel is a separate code from treats,... View More

1 Answer | Asked in Copyright for California on
Q: I own copyrights to a public access tv program, (1999 analog format. ) A documentary producer received my permission

to use 8 minutes of it (digitized by me) on the internet. Subsequently, without obtaining any license from me for further commercial uses, that film maker has created and entered a 26 minute documentary containing my footage in 6 US film festivals , reproduced the film on dvds and is selling... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Dec 28, 2019

did you ever file for a copyright of your material?

you should do it regardless if you did not.

Consult with an attorney to explore your options.

You may have to use the court system and calculate your damages.

best luck

www.legalbizglobal.com

1 Answer | Asked in Copyright and Trademark for California on
Q: Hello, I'm thinking of creating a blog that revolves around the Tesla brand. For example, bmwblog.com has no affiliation

sadfsdfs

Marcos Garciaacosta
Marcos Garciaacosta
answered on Dec 25, 2019

Looks like a good idea.

You should do your research on how other fan blogs do it.

You should also be assisted by an attorney along the way to help you avoid potential pitfalls.

best luck

1 Answer | Asked in Copyright and Intellectual Property for California on
Q: There was a show in the 70’s of people dancing. How can I go about using a piece of the show for a music video?
Karima Gulick
Karima Gulick
answered on Dec 15, 2019

The safest way to approach this is to locate the owners of the video and request permission or license the content for use.

1 Answer | Asked in Copyright, Entertainment / Sports and Intellectual Property for California on
Q: Can a fake digital copy of the celebrity's voice be used in movies without permission from this celebrity?

Using machine learning technologies, a developer can create a synthesized copy of the celebrity's voice (for instance, like here https://youtu.be/DWK_iYBl8cA).

Can this developer use this fake digital voice in movies, mobile games, for songs, or any other video and sound content... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Dec 3, 2019

Fake or real there needs to be authorization of the person whose voice or image is being used?

Permission is the key.

www.legalbizglobal.com

2 Answers | Asked in Copyright, Intellectual Property and Trademark for California on
Q: Could I publish a book about vocal experts' opinions on a topic, taken from interviews/info online, without permission?

Could a couple of their names be featured in the book title? Could I write each chapter focusing on one public figure scientist, explaining their perspective on the topic as researched through free material found online? Would a disclaimer at the beginning of the book saying these scientists... View More

Robert P. Cogan
Robert P. Cogan
answered on Nov 12, 2019

In the absence of careful legal planning, this book could run into a number of legal problems. A disclaimer is a good way to avoid presenting a misleading picture. However, disclaimers and attributions in bibliographies do not avoid copyright problems. There are issues of derivative works and fair... View More

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2 Answers | Asked in Copyright and Trademark for California on
Q: Can we use the term 'Craigslist' in a title for a tv show concept?
Robert P. Cogan
Robert P. Cogan
answered on Oct 31, 2019

No.

Actually, all the facts need to be known to see if a legal justification could be supported. However, you could still face signficant legal expense if Craigslist decided to sue you.

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2 Answers | Asked in Copyright for California on
Q: Licensee Exam Questions - Copyrights

Does a self-note wrote down after the exam violates the copyrights by reproducing the exam questions? Do they have the authority to invalidate my results because of that?

Enrico Schaefer
Enrico Schaefer
answered on Oct 28, 2019

Potentially, yes. these are always fact specific questions. one fact can change the answer. but if you copied questions that are copyright protected, even from memory, there might be an issue. The real question would be what you intended to do with them next.

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1 Answer | Asked in Copyright for California on
Q: Is "Buddy the Elf" trademarked? I'm a photographer and was planning on doing a Buddy the Elf Photoshoot for Christmas.

I saw that photographers were getting cease and desist letters for doing "The Grinch" Photoshoots because The Grinch is trademarked. I can't find any info on Google about Buddy the Elf being trademarked.

Marcos Garciaacosta
Marcos Garciaacosta
answered on Oct 25, 2019

There may be a number of protections. Trademark is one of them.

There maybe patents, or copyrights. So be careful.

Check if they offer licenses for photographers like you.

marcos.e.garciaacosta@gmail.com

www.legalbizglobal.com

2 Answers | Asked in Copyright and Business Law for California on
Q: Instagram contents and merchandising.

I have an Instagram account to show semi celebrities’ caricatures. I am not doing anything with those artworks to make money myself, these are only to show on this SNS.

One day I had a chance to meet with one of the musicians I drew, and gave him a print out of his caricature I did and he... View More

Robert P. Cogan
Robert P. Cogan
answered on Oct 20, 2019

It looks light he might have copied the drawing improperly. Responses could include anything from a nasty cease and desist letter to making a deal. Consulting an attorney could help you determine what action might have the best chance of making some money for you.

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1 Answer | Asked in Copyright for California on
Q: My name is Koi and I am a photographer who has found Mix Unit, LLC selling merchandise with my photo.
Robert P. Cogan
Robert P. Cogan
answered on Oct 14, 2019

Based on the limited facts provided, there seems to be a case of copyright infringement. There are many different approaches available. It would be helpful to know exactly what they were doing with your photo and how it is being sold. Other facts are also important. A review with an attorney can... View More

2 Answers | Asked in Copyright and Trademark for California on
Q: What is the process for making an idea become panted?
Robert P. Cogan
Robert P. Cogan
answered on Oct 5, 2019

All the information you seek will likely be found at www.USPTO.gov.

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