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California Copyright Questions & Answers
2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for California on
Q: Provisional patents

Do I lose my right for a non-provisional patent if I file a provisional application and look for a business partner and/or an investor, since on this course I need to disclose details of the invention to several candidates? (I am not interested in 'nondisclosure agreement' option)... View More

Mark David Torche
Mark David Torche
answered on Jun 23, 2017

No, that is exactly the reason you file a provisional application - so that you can disclose your invention once the application was filed.

However, there are a few things to watch out for.

1. Make sure that your provisional application actually covers your invention. I have seen...
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1 Answer | Asked in Copyright for California on
Q: Dear Representative, Do I need formal agreement to obtain permission to use content created by someone else online?

If so, how should it be administered? In addition to content I'll create on my own for my blog, I also want to provide related content (from a non-competitor) that's created by someone else. I have created a semi-formal agreement but I'm uncertain whether it's appropriate for... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jun 22, 2017

A lawyer should negotiate and draft an IP license agreement for you. 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... View More

2 Answers | Asked in Contracts, Copyright, Intellectual Property and Trademark for California on
Q: Can a Company trademark something created by and funded by a person even though they were in the process of doing so?

Say a company has a performer. The performer creates something that benefits the company, and for the most part is funded for and by the performer (be it cameras or lighting, etc). Unfortunately things don't work out while renegotiating a new contract and the performer leaves the company and... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jun 22, 2017

What are the terms of the contract re: the IP in question? If silent, the performer may have the IP rights. 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,... View More

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1 Answer | Asked in Copyright for California on
Q: would my domain name run into an issue with the copyright?

I bought the domain pacmancreative.com for a new company I am starting. we will be using the Pacman but we will alter the look of it to match our brand. would this be against the law to have my domain pacmancreative.com and would we get in trouble?

there is nothing we do that has to do with... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jun 22, 2017

That sounds like an 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. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law... View More

1 Answer | Asked in Copyright for California on
Q: i have a picture i got off the internet and newspaper same picture of president Obama and president elect donald trump

i added something [a picture ] to that picture and made a t-shirt with it can i copyright that picture

Ali Shahrestani,
Ali Shahrestani,
answered on Jun 21, 2017

It depends on how much the photo is changed and whether it's a permissible use, otherwise it may constitute copyright violation. 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... View More

1 Answer | Asked in Copyright, Patents (Intellectual Property) and Trademark for California on
Q: what does this mean: 2017-04-28 ABANDONMENT FAILURE TO RESPOND OR LATE RESPONSE 2017-04-28 ABANDONMENT NOTICE MAILED

thanks

David E Blau
David E Blau
answered on Jun 13, 2017

Abandonment means that an application has been filed with the Patent and Trademark Office, and the Office found some deficiency in the application that requires a response from the Applicant, but the Applicant failed to respond within a set time period so the application has been denied.

An...
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1 Answer | Asked in Copyright for California on
Q: DMCA Agent refused my DMCA takedown notice by E-mail.

I've sent a DMCA notice a couple days ago.

I received a reply saying this.

"Hello,

Thank you for contacting ****.

In order to proceed with your take-down request for this particular content, we need to receive your documentation via mail. Please mail your... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jun 8, 2017

I see no problem with mail notification requirements, but the bigger question is whether there is an actual copyright violation. 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,... View More

1 Answer | Asked in Consumer Law, Copyright, Criminal Law and Personal Injury for California on
Q: I want a IegaI advice 0n a scam that happened t0 me i was part 0f victim 0f it...It was a cashiers check scam from faceb

I posted renting a room on fb ..sombdy textd me back sayin she is travel nurse want your room for rent. She send me cashiers check based on that..Saying its from her boss , she is in canada right now ,,her identity is fake..Want to get money from those cashiers check and send cash back to her boa... View More

Peter N. Munsing
Peter N. Munsing
answered on Jun 1, 2017

Contact RCMP if it was from Canada and FBI; Not sure why you are on hook--unless you cashed it? This isn't a legal question as much as law enforcement.As far as bank claims, frozen accounts check with National Consumer Law Center. Look for a consumer attorney via naca.net

1 Answer | Asked in Copyright and Intellectual Property for California on
Q: I created and publicly displayed art. A friend volunteered to take photos. Who owns the rights to use the photos?

This artwork displayed at The Maker Faire. I specifically recruited my friend to act as documentary photographer and granted him an assistant pass to the Maker "me" to help with the event. He is now trying to get me to sign an agreement that limits my use to only academic presentations.... View More

Ali Shahrestani,
Ali Shahrestani,
answered on May 30, 2017

It depends on the written agreements between you and the artistry of the photos. 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,... View More

1 Answer | Asked in Business Formation, Contracts, Copyright and Trademark for California on
Q: Hello,Can i use a pen name signing up my personal information on the copyright.gov website? Should i get it trademarked?

This pen name would be my stage name for me to fully identify with at all times. Thus, in order to keep my real identity secure and private from anyone doing some research looking to discover the publishing artist real birth given name.

David Keith Hicks
David Keith Hicks
answered on May 30, 2017

You can use any name you want to, as long as you don't defraud anyone or evade a tax. On tax returns they'll ask you for both. But those are confidential. It's called a pseudonym not a pen name, which is a term used for writers.

So, I'd say no. Names can be protected,...
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1 Answer | Asked in Copyright for California on
Q: I want to use 30-40 seconds of a personal arrangement of "here comes santa claus" in a doc film Do we need a license?
Ali Shahrestani,
Ali Shahrestani,
answered on May 27, 2017

Please disregard the irrelevant data in the last answer.

Answer: That is typically the case. 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,...
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2 Answers | Asked in Business Law, Copyright, Business Formation and Trademark for California on
Q: if I was to start a music label could I use the name Universal Digital Group or would that conflict with Universal music
Walker Weitzel
Walker Weitzel
answered on May 24, 2017

The test for infringement under Trademark Law looks at the likelihood of confusion for an ordinary consumer. You would ask whether an ordinary consumer is likely to be confused over the provenance of a product or service. Trademarks are product-specific, which is why there can be a Klein Honda as... View More

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1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: Do I need to purchase a license or rights to perform as a Disney Character for commercial purposes?

I plan to start a Princess Party business for children. Ideally, I will dress & act as Elsa from Frozen and then develop other Disney Princess Characters. If I do need to purchase rights or a license how do I go about doing so?

Ali Shahrestani,
Ali Shahrestani,
answered on May 16, 2017

Yes, you must request a license from Disney. Contact their corporate offices.

See: http://www.aeesq.com/business-law/intellectual-property-attorney/

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an...
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1 Answer | Asked in Copyright for California on
Q: If I did a selfie and its on a t shirt, is it possible that a random company buy the copyright for that selfie and sue
Will Blackton
Will Blackton
answered on May 5, 2017

If you took the picture, no one would not be able to obtain the copyright in that image unless you sold it to them or someone else who then sold it to them.

2 Answers | Asked in Copyright for California on
Q: How can I put a copyrighted painting on a t-shirt and sell it?

I am starting a clothing brand and I wanted to use a famous painting from 1928 for a design. What would I need to do to get permission from the copyright holder?

Will Blackton
Will Blackton
answered on Apr 28, 2017

Search the U.S. Copyright Office records to find out if you even need to ask for permission from the copyright holder, the work may have entered the public domain and be free to use.

**All copyrightable works published before 1923 are now in the public domain** (these works entered the...
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1 Answer | Asked in Copyright, Federal Crimes and Intellectual Property for California on
Q: My IP racketeering case was denied sealed filing and published to prevent recovery. Charge the US with taking property?

This question needs an attorney in racketeering law (criminal claim filed in civil court), or Court of Federal Claims. It was filed with extensive evidence and memoranda, based upon similar federal cases.

The essential motions to File Under Seal and Request Discovery Assistance (to prevent... View More

Will Blackton
Will Blackton
answered on Apr 27, 2017

To clarify, you're asking attorneys who are unfamiliar with your case whether you should sue the U.S. government on the basis of a federal judge's decision?

It is unlikely that an attorney on the Justia Ask a Lawyer board will be able to answer your question or offer any real...
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2 Answers | Asked in Copyright for California on
Q: Do I need to actually purchase a clipart image from Shutterstock in order to build a tangible product with that image?

I understand that using that image online to sell something requires a purchased download. However, if for example, I just print that image trace it on wood, and cut out a piece for a bookend, or pendant, or anything tangible really, and sell that, do I need the receipt of purchase from the shutter... View More

Will Blackton
Will Blackton
answered on Apr 26, 2017

You probably need more than just a single-use license from Shutterstock if you want to create derivative work of an image and resell it. Carefully review the terms of Shutterstocks different licensing agreements. You need to purchase a license that allows you to transform and resell the work, not... View More

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1 Answer | Asked in Copyright, Constitutional Law, Intellectual Property and Internet Law for California on
Q: Internet piracy case was denied sealed filing and published to prevent recovery. Appeal or charge US in taking property?

My USDC in California case charges internet copyright pirates, similar to federal cases.

The essential Application to File Under Seal and Motion to request discovery assistance (to prevent destruction of evidence and hiding assets) were denied with the absurd claim that no cause was shown.... View More

Will Blackton
Will Blackton
answered on Apr 26, 2017

Why attempt to file the discovery motion under seal? Judges are often reticent to allow motions under seal unless the sensitive information revealed in the motion would put some entity in physical or financial danger. Courts often have specific requirements for these filings in their Local Rules.... View More

1 Answer | Asked in Copyright for California on
Q: If I don't put a copyright notice on my website, can anyone take the content?
Ali Shahrestani,
Ali Shahrestani,
answered on Apr 20, 2017

It's best to put a copyright notice on the site. 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/... View More

2 Answers | Asked in Copyright and Intellectual Property for California on
Q: GPL and copyright infringement

Our business redistributes plugins and themes created by 3rd party developers under the GPL license for $9.99 per month. Are we allowed to use the author's logo to credit where the original item is from without being hit with copyright infringement?

Andrew Zulieve
Andrew Zulieve
answered on Apr 12, 2017

I believe what you intend to use is the author's trademark. To be on the safe side, I would run it by both the third party developer and the owner of the trademark logo.

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