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California Copyright Questions & Answers
2 Answers | Asked in Contracts, Copyright and Intellectual Property for California on
Q: Can I create art with photos I took of horses on a private ranch without a model release?

The ranch owner refuses to sign the model release after a verbal agreement was struck prior to the shoot. He wishes to control which pictures I can use and when. He wishes to modify the model release after rejecting the initial release. I took the pictures with my camera. Do I own the copyrights... View More

Thomas A. Grossman
Thomas A. Grossman
answered on Oct 28, 2018

Your first mistake was in relying on a "verbal agreement." Verbal agreements are nearly impossible to prove. I have not seen the agreement proposed by the ranch owner, but you should have a short, professional agreement in your file, containing various releases. I handled many cases... View More

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Q: What does California's "ARTICLE 3.5. Inventions Made by an Employee" protect?

I understand that California's law protects employees inventions done on their own time, using their own equipment if unrelated to the employer's business. I'm not clear what constitutes an "invention." Do works of authorship and other copyrightable material count as an... View More

Peter D. Mlynek
Peter D. Mlynek
answered on Oct 23, 2018

Well, you are going to have to talk to a California employment attorney to get the best answer. I am not a California attorney, nor an employment attorney, but here are a few points.

(1) You are correct that the trademarks, logos, brand names, sales copies, and like, are likely not...
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2 Answers | Asked in Consumer Law, Contracts, Copyright and Gaming for California on
Q: How would I go about obtaining ownership of this trademark?

I have interest in potentially claiming this trademark for the purposes of licensing it to video game developers. What steps would I need to take to obtain ownership?

Tim Akpinar
Tim Akpinar
answered on Sep 19, 2018

If you're looking for input from a trademark attorney, the question might be more likely to be picked up by posting it in the Trademark section.

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1 Answer | Asked in Copyright for California on
Q: I am the Assistant Dean of Truth & Mercy Institute for Advanced Ministry Studies in Yermo, CA. We are a small Bible

college that is tuition and fee free. Can we used free downloadable PDF copies of copyright books for our Bible courses without violating copyright laws?

Peter D. Mlynek
Peter D. Mlynek
answered on Sep 1, 2018

I don’t think that this will be possible. You could copy older versions of the Bible (e.g., KJV, RV, ASV), but I suspect that your students already have those. Copying a concordance indexed to one of these Bibles may possibly be OK as well, but not anything more.

Your choices are...
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1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: Does it violate the copyright if I sell my own solution in an ecommerce platform? The Unofficial title is on the cover
Peter D. Mlynek
Peter D. Mlynek
answered on Aug 30, 2018

If you see somebody launch an e-commerce service, and you say, hey, that's a great idea, I'll think that I'll launch a competing e-commerce, then you are correct to worry about intellectual property.

If you write a code that solves a technical problem in a different way, and...
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2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for California on
Q: Is it possible to patent the concept of a (Latin/Christian) cross being a zipper puller? Has it been done?

Unsure if custom fashion hardware can be patented , unsure if custom zipper pullers can be patented, unsure if religious symbols can be patented.

Camille Brooks Ibrahim
Camille Brooks Ibrahim
answered on Jul 11, 2018

Custom zippers can be patented as far as religious symbols it depends on a few factors.

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1 Answer | Asked in Copyright, Intellectual Property, Trademark and Internet Law for California on
Q: If I register a trademark and that name is already used in a domain (but not trademarked yet) can I get that domain?

For example: I trademark HappyCamper (just an example) and there's already a taken domain that's happycamper.com, could I get that domain?

Camille Brooks Ibrahim
Camille Brooks Ibrahim
answered on Jul 5, 2018

It depends if the party in whom has a domain for it has trademarked a name similar or the exact same.

1 Answer | Asked in Business Law, Gaming, Copyright and Intellectual Property for California on
Q: Making money from video games in public places.

Hello,

I want to make some arcade like machines and then put those in public places where kids can drop some coins in and play. but here's the problem, the games that I would like to run on those machines are not actual arcade games, those are games released for the gaming consoles... View More

John Espinosa
John Espinosa
answered on Jun 24, 2018

The owners of the legal rights of those games would probably not take kindly to you infringing on those rights and profiting from it. Their rights are enforceable internationally. Your best bet is to reach out to the owners and ask for permission to do this.

1 Answer | Asked in Consumer Law, Copyright, Criminal Law and Animal / Dog Law for California on
Q: I had my dog stolen off of my property, when I was not home.

My dog was stolen off of my property, and she is microchipped. Someone has taken her into the animal control to get scanned for microchip and I was contacted by the person who has her that my dog is found and to give him a call, I was contacted by email. But the number he provided is a disconnected... View More

Dale S. Gribow
Dale S. Gribow
answered on Jun 6, 2018

call the police.

my first trial 40 years ago was a dognapping. i have never heard of one since but the thief should be caught and prosecuted.

1 Answer | Asked in Copyright for California on
Q: I wrote a book. In it, characters say “it’s a trap” & “ i’ve got a bad feeling about this “. Is this infringing

I heard characters in Star Wars say the same things but these quotes are such general statements that I can’t quite tell if it’s copyright infringement

John Espinosa
John Espinosa
answered on Jun 4, 2018

Those are both examples of general statements that are not unique to those characters or to the work in question. Now if your characters had similar names to the other characters or other similarities then there might be copyright infringement.

1 Answer | Asked in Copyright for California on
Q: Do I need licensing for printing and selling t-shirts that have a celeb's name, a phrase related to him, or his lyrics?

I have a print and media company and we customize tshirts, caps, coffee mugs and other stuff... I wanted to start taking up orders from a celebrity's fandom for selling customized merchandise online. I will not be using the celeb's photos, official fonts or logos but just use his song... View More

John Espinosa
John Espinosa
answered on May 31, 2018

Yes, here is a helpful resource that addresses your question:

https://www.thelaw.com/law/are-song-titles-lyrics-protected-by-copyright-or-trademark-law.317/

As far as who to ask for a license to the rights, it would be the music publisher of the song.

1 Answer | Asked in Copyright for California on
Q: I have a canvas thats 40" by 60" of a copyrighted photo. It is a un-official photo from what I can find.

It is a one of a kind reproduction of some sort that is not signed and never offered on a canvas. So it clearly is a private collectors item of a famous photo. I could care less about the photo (on a canvas) and want to just sell it off and be rid of it's huge size. I don't even know... View More

John Espinosa
John Espinosa
answered on May 30, 2018

It all depends on the circumstances of the sale in which you received the print. If it was from the photographer or a legitimate reseller, then you may be able to re-sell it. This is because of the first sale doctrine.

Typically, the first sale doctrine will come into play in these types...
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1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for California on
Q: I have questions regarding the jack g ohringer patents
Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on May 20, 2018

There are only two in the Google Patent system for that name but sometimes folks use a formal legal name when filing legal documents.

Here is a link to the two that show up as Jack

https://patents.google.com/?inventor=jack+g+ohringer&oq=jack+g+ohringer+

It is not clear...
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1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: If I apply for a cancelled trademark, what rights does that give me to the original concept to which it applied?

I'm looking at toys.

Jason Brooks
Jason Brooks
answered on May 14, 2018

None. A trademark is merely an indicator of source, and not an assumption of any underlying intellectual property. So to use Creepy Crawlers as an example, you'd have to demonstrate that you are using the goods in commerce in order to even be able to register the TM.

1 Answer | Asked in Copyright, Patents (Intellectual Property) and Trademark for California on
Q: How do I trademark my business and a phrase?
John Espinosa
John Espinosa
answered on May 12, 2018

Learn all about it: https://www.uspto.gov/trademarks-getting-started/trademark-basics

1 Answer | Asked in Copyright and Intellectual Property for California on
Q: A company has been selling my copyrighted and intellectual property without permission or a license for 10 years help

A verbal agreement took place between the gamelink representative and my company. I believe we have taken advantage of the fact our company closed and has sold our content knowing they were in violation of copyright laws and had no permission to do so.

Jason Brooks
Jason Brooks
answered on May 1, 2018

While verbal contracts are enforceable in California, they are difficult to prove unless you have evidence supporting the terms (i..e texts, emails, other writings showing specifically what you are now claiming as damages). With that said, Copyright infringement is presumed if you are the... View More

1 Answer | Asked in Copyright and Intellectual Property for California on
Q: If you design a tattoo for yourself, but have someone tattoo it on you, who has copyright to the art piece?

I've designed a tattoo piece for myself but since I obviously can't tattoo on my own body, how would the copyright work? Would it be considered for hire work since I've designed the work or would the tattoo artist be considered as copyright holder?

Benton R Patterson III
Benton R Patterson III
answered on Apr 30, 2018

If you create the design and reduce it to a perceptible image, such as drawing it on a piece of paper, then you would own the copyright.

1 Answer | Asked in Copyright and Business Law for California on
Q: Copying Content from a Website to Translate and Republish

Hello,

I would like to copy a website from the US and translate it into French. To do this legally I want to buy the right to the owner.

Do I have to write a contract for this? Or the fact that we exchanged emails, I paid the owner and he sent me the website are enough to protect... View More

Jason Brooks
Jason Brooks
answered on Apr 25, 2018

This should absolutely be written into a contract so the scope of use is clearly defined and to ensure there are no misunderstandings. I prepare these types of licenses all the time and can help if you need. Email me at: jason@altviewlawgroup.com

1 Answer | Asked in Elder Law, Copyright and Immigration Law for California on
Q: Hi I want to go back home country after overstaying how ?

My visa has expired waiting for asylum application .i want to go back home country how it is possible ?will they allow me to leave without any problums at airport ?

Carl Shusterman
Carl Shusterman
answered on Apr 19, 2018

There will no problem in you leaving the United States, but since you are returning to the country from which you claimed you would be persecuted, it is unlikely that you will ever be permitted to return to the US.

1 Answer | Asked in Copyright and Trademark for California on
Q: "ALL GOOD THINGS ARE WILD AND FREE" is a famous quote from a book in the public domain. How can this be trademarked?

I am an illustrator using this quote in my art; it is sold on prints, clothing, etc. A clothing company in Southern California has claimed to have trademarked this quote for their clothing business. I was under the impression that books in the public domain were fair game for everyone.

Jason Brooks
Jason Brooks
answered on Apr 12, 2018

Your question is too broad -- The answer depends on how you intend to use the quote. It's important to understand the basic premise that a trademark is "a word, name, symbol or device which is used in trade with goods or services to indicate the source of the goods or services and to... View More

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