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California Copyright Questions & Answers
2 Answers | Asked in Copyright, Civil Rights, Constitutional Law and Intellectual Property for California on
Q: Can a photographer be sued for doing non sexual photoshoot of minor without parental consent inside the minor's home?

Did a non sexual, harmless fashion photoshoot of a minor inside their house without parental consent. Now they are threatening to file lawsuit. Should I be worried?

Robert P. Cogan
Robert P. Cogan
answered on Aug 15, 2017

Are you sure this is a copyright question? What are they threatening to sue you for? What were doing inside their house with a minor without their consent? All of the facts must be spelled out in detail. How do you know it was harmless? That may not be for you to decide. You could potentially have... View More

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1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for California on
Q: Hello. I would like to ask if the japanese red bean cake's shape(somewhat thin cylinder) is patented? Thank you.

The cake has a little bit of similarities with pancakes or waffles. It can be seen on youtube. I think there are patented red bean cake makers/machines out there. I would also like to ask if can I make my own red bean cake maker/machine that makes the same shape of a regular red bean cake(thin... View More

Robert P. Cogan
Robert P. Cogan
answered on Aug 9, 2017

If you are doing this as a hobby, there is a possibility that this might not matter. If you are going to invest money in a new business, it is likely that consulting an attorney would be a good idea. The few facts given in the question seem to indicate that there may be issues involved in addition... View More

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for California on
Q: Are red bean cakes shape and its regular cooking tool patented? They can be seen on youtube. Thank you.

Its shape is somwhat circular and a little cylindrical. Is it ok or legal to start a business like that product?

Peter D. Mlynek
Peter D. Mlynek
answered on Aug 8, 2017

With regards to the "red bean cakes shape", I don't know, but I doubt that someone can receive a strong patent for it. Bean shapes (say r = sin^3(a) + cos^3(a)) have been around for a long time. Moreover, even if someone would be successful in getting such a patent, it would be... View More

1 Answer | Asked in Copyright and Entertainment / Sports for California on
Q: For a copyright lawyer: Which liscenses do I have to get when posting music covers on Youtube?

Looking for some advice from a copyright lawyer that I can potentially stake my life on.

I know for covers in general, licenses discussed are usually mechanical, sync, and I've seen mentions of Master Use licenses.

For posting a cover purely on Youtube, without monetization,... View More

Robert P. Cogan
Robert P. Cogan
answered on Aug 7, 2017

"Looking for some advice from a copyright lawyer that I can potentially stake my life on." Did you want this for free? Did you want an answer that was short enough to fit in this box? Did you want the attorney to answer this without getting further information? It is possible that your... View More

1 Answer | Asked in Copyright for California on
Q: Would I infringe copyright if I used the shape of an Iron man helmet for a totally custom one for public appeareances?

What I mean is, If I made a totally custom helmet, BUT with the shape of an iron man helmet, would that infringe copyright?

Robert P. Cogan
Robert P. Cogan
answered on Aug 7, 2017

The question seems to include a contradiction. If a helmet is designed to simulate another helmet, it is not totally custom. One element that may be considered in a copyright infringement analysis is whether the new work contains elements of originality of the first work. If someone wants to take... View More

2 Answers | Asked in Consumer Law, Contracts, Copyright and Employment Law for California on
Q: Hello, my question is based on software developers, and application ownership and protection of application's the idea.

Hello, my question is basically based on software developers, and I was wondering if you could help me know a few things I would really have to know.So the thing is, I want to hire a software developer to build a mobile application for me and I am really worried about the payment process in that,... View More

William John Light
William John Light
answered on Aug 5, 2017

Your questions and concerns are not the type that get answered for free on the internet. You need to retain a busines/IP attorney to advise you.

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3 Answers | Asked in Copyright for California on
Q: Is the image under fair use if the person is posting it in his website for educational purposes? Ex: profitable plants.

Is educational purpose the same with informative purpose and is it still under fair use if it is at the same time for profit?

Ali Shahrestani,
Ali Shahrestani,
answered on Aug 4, 2017

See: http://fairuse.stanford.edu/overview/fair-use/cases/

That might be fair use. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards,...
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1 Answer | Asked in Business Law, Copyright, Entertainment / Sports and Business Formation for California on
Q: Can I start an organization in the name of a deceased public figure?

The Foundation for the person in question (Kathryn Kuhlman) recently shut down, and she has no immediate offspring such as children.

Robert P. Cogan
Robert P. Cogan
answered on Jul 27, 2017

Questions to be considered include whether your organization would be confused with the Foundation and how to avoid confusion. It also has to be determined if use of the name would violate rights of others, even for the name of a deceased person with no immediate offspring. This can get tricky.

2 Answers | Asked in Copyright and Intellectual Property for California on
Q: If you design a garment based on a picture but you drafted the pattern with subtle changes. Is it infringing?

I designed a garment based on a picture at the time the picture appeared to be from the 1930's however. It was been brought to my attention it's a more current print circa 2013. The garment I made and the pattern were drafted by me, yes it is Inspired but it cannot be virtually the... View More

Robert P. Cogan
Robert P. Cogan
answered on Jul 27, 2017

Of course, more specific facts are required to answer the question. Here are some considerations.

A work that is "inspired" by another work may be a "derivative work." In the right fact situation, a derivative work can infringe a copyright. The derivative work need not...
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1 Answer | Asked in Copyright and Trademark for California on
Q: Would I need permissions to design/sell alternate book covers for established books, using their title and author name?
Ali Shahrestani,
Ali Shahrestani,
answered on Jul 25, 2017

That sounds like IP infringement. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/... View More

2 Answers | Asked in Copyright, Intellectual Property and Internet Law for California on
Q: I'd like to post famous pop songs that specifically correlate with my art on my website.Do I need permission to do this?

My paintings are named after popular songs. Each painting correlates to a specific song. I'd like to post youtube videos, or recordings of these songs on my website along side my paintings. Will I encounter any legal issues by doing this?

Ali Shahrestani,
Ali Shahrestani,
answered on Jul 25, 2017

That sounds like clear IP violation. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/... View More

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2 Answers | Asked in Contracts, Copyright, Intellectual Property and Trademark for California on
Q: Can I show screenshots of mobile apps I'm creating for a company I currently work for on LinkedIn?
Ali Shahrestani,
Ali Shahrestani,
answered on Jul 25, 2017

You might be violating IP laws, NDAs, and employment contracts, if you do. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors,... View More

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2 Answers | Asked in Copyright and Business Formation for California on
Q: Am i violating copyrights if i sell items with "movie dialogues"/movie character's sketches printed on them?
Robert P. Cogan
Robert P. Cogan
answered on Jul 24, 2017

Maybe. This is not a yes-no question. It is essential to know exactly what you are doing. You do not have to copy an entire script to infringe a copyright. Sometimes copying just a few lines is enough. Many people try to say that their copying is "fair use." Very often it is not. Who... View More

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2 Answers | Asked in Consumer Law, Copyright and Business Formation for California on
Q: So could I make a clothing name called illuminati?
Robert P. Cogan
Robert P. Cogan
answered on Jul 24, 2017

Physically, you could. However, you want to find out if anybody else has the legal right to stop you from using the name or even try to get money from you.

This generally requires performance of a trademark search. It is best to consult an attorney because many different criteria must be...
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1 Answer | Asked in Copyright, Gaming, Intellectual Property and Trademark for California on
Q: I wanna write a book/make a game about a non-english song. Do I need to get copyright permissions or can I just credit?

Basically, I used the song for inspiration for characters, setting, and plot. The reasons, some events, names, and everything else will be from my imagination. And some characters will say some lines from the song word for word in conversation (not song). I will not have the actual song sung... View More

Robert P. Cogan
Robert P. Cogan
answered on Jul 17, 2017

A true answer would require review of the original material and a more precise description of exactly what you are doing. You would have to consult an attorney.

Here are a couple of observations. Crediting the original creators means that you are not a plagiarist. However, the credit could...
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2 Answers | Asked in Copyright, Business Formation and Trademark for California on
Q: Can I use the business name Surf Check Driving School if there is another named Surf's Up Driving School?

I am located in Santa Cruz county and Surf's Up Driving school is located in San Luis Obispo county, both in California.

Ali Shahrestani,
Ali Shahrestani,
answered on Jul 14, 2017

They sound sufficiently different, but speak with a lawyer such as myself re: any possible IP infringement, business overlap, and related issues. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as... View More

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1 Answer | Asked in Copyright for California on
Q: How much can I alter a copyrighted logo—that I own the copyright to—before it is no longer protected by my copyright?
Ali Shahrestani,
Ali Shahrestani,
answered on Jul 12, 2017

You may want to copyright the new iteration to protect your IP. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and... View More

1 Answer | Asked in Copyright and Intellectual Property for California on
Q: My product was flagged for IP infringement. It is for the color yellow but others are still selling the color yellow.

I have a product that I have listed on Amazon.com and been selling for over 8 months without any issues. We were recently flagged for issues regarding our product's handle pattern design which was protected by a patent. We understand that we needed to change the handle so since we have changed... View More

Robert P. Cogan
Robert P. Cogan
answered on Jul 10, 2017

Forms of IP infringement include trademark infringement and trade dress infringement. They are covered by different laws and are measured by different criteria. The standard for trademark infringement is likelihood of confusion in the market place as to the source of the goods.

This is the...
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1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: Can I name my blog SoundClash or is that an infringement?
Ali Shahrestani,
Ali Shahrestani,
answered on Jul 1, 2017

You need to run an IP conflict search. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my... View More

1 Answer | Asked in Consumer Law, Copyright and Trademark for California on
Q: Hi guys, I'm looking to file for a trademark and want your opinion on the likelihood of me being issued it?

The mark I am filing for is:

"eventpro marketing" - Continuing education services, namely, providing live and online continuing professional education seminars in the field of internet marketing; development and dissemination of educational materials of others in the field of... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jun 29, 2017

It depends on the business and location of each company. There might be overlap here and thus confusion. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards,... View More

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