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California Copyright Questions & Answers
2 Answers | Asked in Copyright and Intellectual Property for California on
Q: I purchase an adult coloring book. Do the colored images belong to me?
Glenn B. Manishin
Glenn B. Manishin
answered on Mar 29, 2017

The colored images after your draw them are yours for copyright purposes, but not the coloring book templates.

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1 Answer | Asked in Copyright and Trademark for California on
Q: How Can I use a parody design logo of Street Sharks without getting penalized legally?

I want to start a small clothing line and would like to use a character and font design of Street Sharks. Street Sharks was a cartoon in the 90s.

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 22, 2017

Parody defenses to trademark are subject to limitations. See: https://cyber.harvard.edu/metaschool/fisher/domain/tm.htm

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,...
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2 Answers | Asked in Copyright, Entertainment / Sports and Intellectual Property for California on
Q: Can I write a screenplay adaption of a novel in public domain using the same dialogue, and still have it protected?

The novel's copyright was not renewed, and the author passed away in 2002. Would the dialogue be able to be adapted word for word in the screenplay and still be able to be protected by the Writers Guild of America and copyright laws?

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 22, 2017

You may still be in violation of the copyright which can last well past the author's death. See: http://copyright.cornell.edu/resources/publicdomain.cfm

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 and Intellectual Property for California on
Q: I'd like to start making and selling percussion instruments under the name, Fitzgerald, inspired by the famous writer.

The instruments will have homages to the 1920's, like I said, inspired by F Scott Fitzgerald. Will this be a potential problem with the F Scott Fitzgerald estate? Even though the instruments are not directly related to the writer, Fitzgerald and his style is what inspired me to potentially... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 8, 2017

You'll have to license the right to use that name from the Estate of F. Scott Fitzgerald, otherwise you may violate the Estate's IP and publicity rights. See: https://www.lib.purdue.edu/uco/CopyrightBasics/basics.html

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1 Answer | Asked in Business Formation, Copyright and Trademark for California on
Q: I want to trademark a name and create 2 businesses as an extension of that trademark. Question is do I need multiple...

For example "ABC" is what I will trademark and under that name I'd like to branch to music and clothing. For example, "ABC Clothing" and "ABC Records" Do I need to trademark each of these or are they covered under the initial "ABC" trademark?

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 8, 2017

Each trademark needs to be individually registered. See: https://www.uspto.gov/trademarks-getting-started/trademark-basics

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...
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1 Answer | Asked in Business Law, Contracts, Copyright and Criminal Law for California on
Q: Business partner is secretly copying our product and business

I designed an electronic bicycle accessory that helps safer bicycling on roads for groups and individuals. While I was still designing it, I brought in a partner to setup manufacturing contracts and marketing for this product. However it was still under development, and I did not yet protect the... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 3, 2017

There may be various de facto intellectual property protections you have, even though you didn't file for registered IP rights it seems. There may be various contractual protections you have as well. More details are necessary to provide a professional analysis of your issue. The best first... View More

1 Answer | Asked in Contracts and Copyright for California on
Q: If I record a video, say for a company, but later decide I don't want that video to be featured anywhere, what can I do?

Do I have legal recourse/can I expect anything when I request it being taken down?

Will Blackton
Will Blackton
answered on Mar 1, 2017

It depends on whether the company commissioned the work or if you were an employee who produced this video in the course of your employment. This is known as "work for hire" and in those cases, the company would own the rights to the video. You wouldn't be able to assert any... View More

1 Answer | Asked in Contracts and Copyright for California on
Q: Can one create a scaled figured based on artwork you don't own or have not purchased?

For example this figure(http://i.ebayimg.com/00/s/MTIwMFg5NzA=/z/KnAAAOSwENxXmiYj/$_1.JPG) based on this artwork(http://i.ebayimg.com/00/s/NjkzWDQ4Nw==/z/LNoAAOSwENxXmiYw/$_1.JPG).

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 23, 2017

This sounds like possible violation of copyright if you are not licensed by the artist to do this. 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

1 Answer | Asked in Copyright and Business Law for California on
Q: Can I buy a handmade digital art print from Etsy (it's a downloadable PDF), print/frame it, and rent out in my store?
Will Blackton
Will Blackton
answered on Feb 22, 2017

I'm not sure what you're asking exactly. You'd like to rent out the physical printed and framed art to customers in your physical store? Just a single image or would you like to print and frame multiple copies? Is there a contract through the Etsy terms of service or with the... View More

1 Answer | Asked in Copyright for California on
Q: I work in a frame shop. I was wondering if it's legal to frame pages out of books from goodwill & sell the framed piece

we have some extra, really nice moulding so was hoping we could make use of them, I've seen frame shops sell Seuss pages and other stuff, is that fair. or could we sell them somehow for donations?

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 16, 2017

This may violate copyright laws. See: http://copyright.cornell.edu/resources/publicdomain.cfm

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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1 Answer | Asked in Copyright for California on
Q: Can I name a company after a character or a title of a poem?
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 14, 2017

This may violate copyright laws. 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, Real Estate Law and Landlord - Tenant for California on
Q: What is the allowed percent that rent can be raised.per year? Are there regs that explain how that is determined?

Muti building rental unit. Management has changed very frequently.

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 9, 2017

Are you in a rent-control city? 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 purchase a storage unit and inside was more then a dozen 8 x 10 nude photos of the top male actors in Hollywood. All

photos have a copyright mark and date. I know what I can not do but not what I can do. What would be the best way to sell these photos?

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 7, 2017

Selling them may violate the copyrights. 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 Copyright for California on
Q: Is the Russian National Anthem copyrighted?
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 7, 2017

You can check with the US Copyright Office. 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... View More

1 Answer | Asked in Copyright and Trademark for California on
Q: I would like to get an estimated of my case, I was told I can reply myself to USPTO

7EDU trademar, case 87095162

the company that owns SEVENEDU is located in Korea and they don't do business in America, they dont even have content in english, is this relevant?

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 6, 2017

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 practice website. I practice law in... View More

1 Answer | Asked in Copyright for California on
Q: i want to make a coloring book, can i use cartoon picture like minion that could be find in google image in my book?
Will Blackton
Will Blackton
answered on Feb 3, 2017

If you do so without the permission of the person or entity who holds the copyright for that image, you could be at risk of being sued for copyright infringement.

2 Answers | Asked in Copyright for California on
Q: I wanted to know what is an affordable option in order to get my book copywriten??
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 24, 2017

Self-help guides may be useful. 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 practice website. I practice law in CA, NY, MA, and DC in the following areas of... View More

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1 Answer | Asked in Copyright, Immigration Law, Contracts and Employment Law for California on
Q: Employer forced me to sign a assignment of rights/likeness release

A future employer promised me to sponsor a working visa. But before doing so, the future employer asked me to write a screenplay for his company and so I did. He also forced me to sign a certificate of authorship / assignment of rights / likeness release. The document does not specify the... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 17, 2017

"Forced" is an oft-misused word. Have a lawyer review your facts and contract in full to properly advise you. As you present it, the contractual language sounds quite broad and inclusive. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: im looking to get my producer name trademarked for all purposes. would it be worth it and how much would it cost me?

im a music producer building my name very quickly. and working on some projects that will be publically released from record labels and such

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 17, 2017

Trademarking is not particularly expensive if there are no disputes from opposing parties. The more important consideration in your business should be using professional contracts, setting up your business infrastructure, and other work that a skilled business lawyer can provide you. The best first... View More

1 Answer | Asked in Copyright for California on
Q: Is there was any way I could sell some shirts and hoodies with a famous anime character on them (Dragonball Z)?

I was thinking maybe if I added something to the shirt, like quotes, or left something out, that maybe I could bypass the copyright somehow.

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 12, 2017

That sounds like copyright violation. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

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