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California Copyright Questions & Answers
3 Answers | Asked in Copyright, Entertainment / Sports and Intellectual Property for California on
Q: Can I legally create an app for watching movies and shows together from various streaming platforms?

This app allows you to log in using profiles from various streaming services like Netflix, Max, Disney+, and more. It enables you to watch movies and TV shows with friends and family, not through screen sharing, but together in a shared viewing experience.

The app will store copies of all... View More

Robert P. Cogan
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answered on Oct 19, 2023

It would be wise to tread carefully. Many actions that raise issues of potential copyright infringement risk raising the ire of individual companies. With regard to movies or other forms of entertainment, the stakes are higher. There is not only the risk of getting sued by an individual company,... View More

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3 Answers | Asked in Copyright, Entertainment / Sports and Intellectual Property for California on
Q: Can I legally create an app for watching movies and shows together from various streaming platforms?

This app allows you to log in using profiles from various streaming services like Netflix, Max, Disney+, and more. It enables you to watch movies and TV shows with friends and family, not through screen sharing, but together in a shared viewing experience.

The app will store copies of all... View More

Julie C Hancock
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answered on Sep 21, 2023

The app storing copies of all available movies and shows on your server is going to be an issue - this amounts to unlawful copying and performing of a copyrighted work without permission. You should consult a copyright attorney to better understand your legal options.

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3 Answers | Asked in Copyright, Entertainment / Sports and Intellectual Property for California on
Q: Can I legally create an app for watching movies and shows together from various streaming platforms?

This app allows you to log in using profiles from various streaming services like Netflix, Max, Disney+, and more. It enables you to watch movies and TV shows with friends and family, not through screen sharing, but together in a shared viewing experience.

The app will store copies of all... View More

James L. Arrasmith
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answered on Sep 21, 2023

Creating an app that stores and streams copyrighted content from various platforms without proper authorization may infringe on copyright and licensing agreements, potentially leading to legal issues. It is essential to consult with legal counsel and obtain necessary permissions or licenses from... View More

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1 Answer | Asked in Copyright for California on
Q: Can you show an exhibit (video) on the hearing of motion to dismiss?

I have a video that i would like to show that would support my claim

James L. Arrasmith
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answered on Sep 19, 2023

In California, it is indeed possible to use a video as an exhibit in a hearing on a motion to dismiss, provided it is pertinent to the issues at hand. However, you would generally need to ensure that the video is authenticated properly, meaning that it accurately represents the events in question,... View More

1 Answer | Asked in Gaming, Trademark, Copyright and Intellectual Property for California on
Q: Is it infringement or illegal to remake or share a form of copyrighted art even if it's without any form compensation?

Specifically, if one were to create a character from mainstream media from scratch, that already exists and share it with others without receiving any form of compensation, is that illegal? One side tells me it's non-profit so it's okay. I read elsewhere that it falls under infringement.

James L. Arrasmith
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answered on Sep 19, 2023

Creating and sharing a character from mainstream media, even without compensation, can still potentially constitute copyright infringement. Copyright law grants creators exclusive rights to their work, including the right to create derivative works. While non-profit status may be a consideration,... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: What is the legality of recreating a brands packaging?

If someone were to legitimately own x amount of items sold by a brand, is it illegal or risky to remake their packaging(not the item just the box)? Suppose the items purchased from a distributor of the brand came unboxed and loose, and someone wanted to have them boxed but couldn't find a... View More

James L. Arrasmith
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answered on Sep 19, 2023

Recreating a brand's packaging, even for the purpose of housing genuine products, can potentially raise intellectual property and trademark issues. Using packaging that closely mimics a brand's design may lead to claims of trademark infringement or unfair competition, especially if... View More

2 Answers | Asked in Copyright and Intellectual Property for California on
Q: Are the exhibits part of the complaint?

I filed a complaint, added 33 exhibits. The defendant is filing a motion to dismiss for prolix evidentiary averments. My complaint is 10 pages and rest are exhibits for the jury to see and examine (about 140 pages of exhibits). Shall I lessen my exhibits?

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Sep 16, 2023

The accusation of "prolix evidentiary averments" is quite unusual and at most could result in the court's requiring the complaint to be amended, not dismissed. But if the complaint itself is not padded with excess evidentiary matter, and the over-abundance is in the exhibits, it is... View More

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2 Answers | Asked in Copyright and Intellectual Property for California on
Q: Are the exhibits part of the complaint?

I filed a complaint, added 33 exhibits. The defendant is filing a motion to dismiss for prolix evidentiary averments. My complaint is 10 pages and rest are exhibits for the jury to see and examine (about 140 pages of exhibits). Shall I lessen my exhibits?

James L. Arrasmith
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answered on Sep 19, 2023

In both federal and California state courts, exhibits can be part of the complaint to help illustrate or support the allegations contained within it. However, it is not customary to attach a large number of exhibits to a complaint; usually, the essential facts are pled in the complaint itself, and... View More

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1 Answer | Asked in Intellectual Property and Copyright for California on
Q: Song studio stole my messages, public instagram & other things. I sued them for copyright infringment.

They removed the case to the federal court. I understand I have to register public instagram pictures to sue for copyright infringement, but how can I protect my personal messages on facebook before I sue them for that.

P.s. They used my messages and other data available online and in... View More

James L. Arrasmith
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answered on Sep 13, 2023

I'm sorry to hear that you are experiencing this. While you do not need to register your personal messages with the U.S. Copyright Office before suing for copyright infringement, registering can offer additional legal benefits and protections. To better safeguard your rights regarding your... View More

2 Answers | Asked in Civil Litigation, Copyright and Intellectual Property for California on
Q: My personal images were stolen for making of parody songs by a small entertainment company. I sued them.

I sued them in Stanley Mosk Courthouse, they filed a motion to remove it to federal court.

In Stanley mosk, I sued them for intellectual property theift. It was possible to sue even without registering the pictures as it wasn't the district court.

The defendants lawyer claim... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Sep 10, 2023

The claim could be brought under the California state law prohibiting the unauthorized use of another's name, voice, signature, photograph or likeness on products or merchandise or for the purposes of advertising or promotion. The copyright claim does require registration prior to suing for... View More

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2 Answers | Asked in Civil Litigation, Copyright and Intellectual Property for California on
Q: My personal images were stolen for making of parody songs by a small entertainment company. I sued them.

I sued them in Stanley Mosk Courthouse, they filed a motion to remove it to federal court.

In Stanley mosk, I sued them for intellectual property theift. It was possible to sue even without registering the pictures as it wasn't the district court.

The defendants lawyer claim... View More

James L. Arrasmith
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answered on Sep 10, 2023

Under U.S. copyright law, which applies nationwide including in California, registration of a work with the U.S. Copyright Office is not required to hold a copyright, as copyright attaches as soon as the work is fixed in a tangible medium. However, registration can provide additional legal benefits... View More

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2 Answers | Asked in Copyright, Entertainment / Sports and Intellectual Property for California on
Q: is it illegal to create an app where users can upload their own mp3 files and play it back, the files are private to the
T. Augustus Claus
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answered on Sep 1, 2023

Creating an app where users can upload and play back their own MP3 files can be legally complex. The legality depends on various factors, including copyright law and privacy considerations. To ensure compliance, it's crucial to address copyright issues by verifying that users have the legal... View More

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2 Answers | Asked in Copyright, Entertainment / Sports and Intellectual Property for California on
Q: is it illegal to create an app where users can upload their own mp3 files and play it back, the files are private to the
James L. Arrasmith
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answered on Sep 2, 2023

Creating an app where users can upload their own MP3 files for personal playback is generally not illegal if the files are indeed private and not shared with others. However, you could run into legal issues if your app facilitates the sharing of copyrighted material without proper authorization.... View More

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1 Answer | Asked in Copyright and Intellectual Property for California on
Q: If one were to use a AI-generated celebrity voice for a commercial or YT video, would a disclaimer allow for its use?

VO of a deceased NYC person. Recent 2020 NY bill S5959D: This provision allows an exception when there is a “conspicuous disclaimer in the credits” and in advertisements stating that the use is not authorized.

James L. Arrasmith
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answered on Aug 29, 2023

The use of a celebrity's voice, even if AI-generated, can potentially violate rights of publicity, which exist both at a state and federal level, and may expose you to liability for unauthorized use. While you mentioned a New York statute, California has its own laws regarding the post-mortem... View More

1 Answer | Asked in Copyright and Intellectual Property for California on
Q: Can a Book Publisher steal your book if you start to use them and then drop them when you find out they are phony?

I started using a company called Excel Book Writing. About a year ago I paid them $1000 upfront to help me get a book I started writing published. They offered little help for that year and then the production manager called me telling me that they needed $7,000 that very day as he was going to... View More

James L. Arrasmith
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answered on Aug 25, 2023

If you have concerns about a book publisher potentially misappropriating your work, it's essential to safeguard your rights by keeping records of your original work, communications, and agreements. Consulting an attorney can provide you with guidance on protecting your intellectual property... View More

2 Answers | Asked in Copyright, Intellectual Property and Trademark for California on
Q: Can I create a book about Nike t-shirts if I don't have permission from Nike?

I am creating a photo book detailing a collection of Nike Jordan t-shirts from the 1980s - 1990s to sell. I would like to title this book "Jordan Shirts", with a description of "A collection of Nike Jordan graphic t-shirts from 1985-1998".

Can I make a book about a... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Aug 16, 2023

Yes, you may use Nike's trademarks when referring to the brand in the book and its title; this is "nominative fair use" of the trademarks (both the word mark and the swoosh design). You may, but need not, make it explicit that your usage does not imply endorsement or approval. The... View More

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1 Answer | Asked in Copyright, Entertainment / Sports, Intellectual Property and Internet Law for California on
Q: What type of licence would I need to film a concert and upload the recording on a pay-per-view based platform?

What types of licenses are required to:

1. film a concert

2. subsequently keep it in an archive to be uploaded as a recording

3. recording will be released to public on a platform that offers pay-per-view subscriptions?

also, what are the potential legal issues could... View More

James L. Arrasmith
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answered on Aug 14, 2023

To film a concert, you would likely need a performance agreement or license from the event organizer, allowing you to record the event.

Archiving the recorded concert may require obtaining the performers' consent and potentially negotiating a licensing agreement, especially if you plan...
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1 Answer | Asked in Gaming, Copyright and Intellectual Property for California on
Q: If a old video game is now released as freeware can I recreate the game with my own code and assets and release for free

Ide like to recreate an old game (that has been released and can now be legally downloaded for free) using my own created assets and code but release it as fan made freeware for the public as a Hobbie project. Will this violate copyright law?

James L. Arrasmith
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answered on Aug 10, 2023

Creating a new game that is based on an old freeware game, using your own code and assets, could potentially raise copyright issues if the new game is substantially similar to the original. While the original freeware game may be available for free, the underlying copyright in its design and... View More

2 Answers | Asked in Copyright and Intellectual Property for California on
Q: In regards to sending work in for copyright registration

my question is if it’s a video do you submit the final edit or do you submit all the footage? For photos do you send the originals or the final edit? Thank you

James L. Arrasmith
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answered on Aug 15, 2023

When submitting materials for copyright registration, for videos, you generally submit the final edited version rather than all the raw footage. Similarly, for photos, you would submit the final edited versions rather than the original raw images. It's important to ensure that the submitted... View More

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2 Answers | Asked in Copyright, Trademark and Intellectual Property for California on
Q: I'm a new writer and would like to name a character a name which Im not shur is taken. Any advice.

The name is (Space boy) was wondering if I could use it for my character story thanks.

James L. Arrasmith
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answered on Aug 5, 2023

The use of a character name like "Space boy" is generally permissible unless it infringes on someone else's trademark or copyright. Conducting a thorough search in the U.S. Patent and Trademark Office's database and other relevant databases can help you determine if the name is... View More

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