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California Copyright Questions & Answers
1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: If I use a company's logo in a marketing email to THEM - does it pose any trademark or copyright issues?
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answered on Dec 30, 2023

Using a company's logo in a marketing email, even if it's directed to the company itself, can potentially raise trademark and copyright issues. Trademarks, which include logos, are protected to prevent misuse that could cause confusion or imply endorsement or association without... View More

1 Answer | Asked in Consumer Law, Copyright, Business Law and Intellectual Property for California on
Q: Hello. My question is this: Can I be sued if my eyewear frames designs look similar to designs of big companies?

For example, many of the eyeglasses designs made by Warby Parker, Ray Ban, Oliver Peoples have similarities and some of them to ordinary people like me look exactly the same. Can I get sued by these companies if my own company designs an eyeglasses frame that looks like some of their products? I am... View More

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answered on Dec 29, 2023

In the realm of eyewear design, the risk of being sued for creating frames that resemble those of established brands like Warby Parker, Ray Ban, or Oliver Peoples is real, but it largely depends on specific details. If your designs are significantly similar to a protected design of a major brand,... View More

1 Answer | Asked in Copyright, Gaming, Trademark and Intellectual Property for California on
Q: I am developing a Vietnam video game and am wondering about copyright laws regarding real photos for the trailer

We are in the process of developing a video game depicting the true story of a Vietnam vet and his personal experience during his time in the war, and as we are creating the trailer for the game, we would like to use real photos from the war that have been declassified under the freedom of... View More

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answered on Dec 29, 2023

When considering the use of real photos from the Vietnam War for your video game trailer, it's crucial to understand the nuances of copyright law. Declassification under the Freedom of Information Act does not automatically place these images in the public domain or free them from copyright... View More

1 Answer | Asked in Animal / Dog Law, Copyright, Trademark and Intellectual Property for California on
Q: I want to start a dog rescue and part of the bane would include batgirls. Tracy batgirls dog rescue. Is this legal?

Name not bane

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answered on Dec 23, 2023

When choosing a name for your dog rescue, it's important to consider trademark laws to avoid legal issues. The term "Batgirl" is a well-known trademark associated with DC Comics, and using it in your business name without permission could lead to trademark infringement issues.... View More

1 Answer | Asked in Copyright and Intellectual Property for California on
Q: Hello! I recently started transferring images from magazines onto fabric with the intent to sell them. Is this okay?

The magazines/newspapers I use are primarily from the 70s-90s and some early 2000s. I intend to incorporate these image transfers into my up-cycling projects so I will be sewing them onto clothes with the intent to sell them. I also plan to embroider the garment and add trimmings and other details... View More

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answered on Dec 22, 2023

Transferring images from magazines onto fabric for commercial purposes, even if the magazines are old, can potentially lead to copyright infringement issues. Copyright law generally protects original works, like photographs and advertisements, regardless of their age, and this protection can last... View More

1 Answer | Asked in Copyright and Intellectual Property for California on
Q: I want to use online tools/software that creates activity/other style books (non AI).

The tools/software has a library of premade items e.g coloring pages, mazes, kids activities, journal pages etc. and it automatically generates things like word searches, soduku puzzles etc

Option 1: With a few clicks, without me creating anything, it can put the pages together into a... View More

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answered on Dec 20, 2023

In the realm of copyright law, the key factor is originality. When using a tool or software that generates content like activity books, the copyright ownership depends largely on the level of originality and creative input you contribute to the final product.

For Option 1, where the...
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1 Answer | Asked in Copyright and Intellectual Property for California on
Q: If I use the "LA" Dodgers logo for a parody design, is that copyright infringement?

My friends and I made a shirt with the iconic "LA" from the Dodgers that says, "gLAmorous." The text for the LA isn't the exact same as the Dodgers use, but you can definitely tell it's parodying their logo. People really loved it, and we wanted to see if it was... View More

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answered on Dec 12, 2023

When considering using a logo similar to the "LA" Dodgers for a parody design, it's crucial to understand the nuances of copyright law. Parody is a defense under copyright law, but it has specific requirements. The parody must comment on or critique the original work, and this is... View More

1 Answer | Asked in Copyright, Trademark and Intellectual Property for California on
Q: Would a book about holistic pet recipes, be an infringement on a trademark of "An holistic approach to pet food; TM"?

Serial Number 77220947, Registration Number 3433513. Artemis pet food co. Inc, Carson, CA.

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answered on Dec 4, 2023

When evaluating whether a book titled "Holistic Pet Recipes" would infringe on the trademark "An Holistic Approach to Pet Food; TM," several factors must be considered. Trademark infringement generally occurs when a new product or service creates a likelihood of confusion among... View More

1 Answer | Asked in Consumer Law, Copyright, Intellectual Property and Trademark for California on
Q: If I opened a place called "smashed burger" and did a similar concept, would I be subject to a suit? Thanks
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answered on Dec 4, 2023

If you're considering opening a place called "Smashed Burger" and the concept is similar to an existing company known as "Smash Burger," there is a potential risk of a trademark infringement lawsuit. In trademark law, the key issue is often whether there's a likelihood... View More

1 Answer | Asked in Copyright, Intellectual Property, Business Law and Civil Litigation for California on
Q: If we cannot copyright an incident, can we claim it as appropriation of our personality.

If we have an accident. We get injured by it. We meet a hot nurse at the hospital and marry her. And we snap all of it, from accident to marriage.

Few weeks later someone makes a movie out of it. They use our initials, same design wedding dress, same color of car that we had the accident... View More

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answered on Nov 29, 2023

In your case, while you can't copyright an incident, you may have grounds to file a claim under the right of publicity, especially if specific personal elements like your initials, wedding dress design, and the color of your car were used without your permission. The right of publicity... View More

1 Answer | Asked in Copyright and Intellectual Property for California on
Q: Is it legal to scan copyrighted books for archival purposes?

I was wondering if I could scan books still under copyright to archive them for personal use (or maybe allowing researchers to access it by request)?

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answered on Nov 26, 2023

In the United States, scanning copyrighted books for archival purposes, even for personal use, falls under the scope of copyright law. Copyright law typically protects original works of authorship, including books, for the lifetime of the author plus 70 years.

For personal archiving, the...
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1 Answer | Asked in Copyright and Intellectual Property for California on
Q: Can I publish CA court transcripts as a book on Amazon if they were published by courttv? or do i need to buy them?

i'm not sure the court even has them to purchase anymore since it's an old trial. the transcrips being on courttv means they are copyrighted?

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answered on Nov 22, 2023

Publishing California court transcripts as a book, particularly when they have been broadcast by Court TV, involves several legal considerations. Firstly, court transcripts generally fall into the public domain, especially if they are official records from a public trial. However, this does not... View More

1 Answer | Asked in Intellectual Property, Copyright and Trademark for California on
Q: I have a question about copyrights and trademarks for intellectual properties.........

I have created a gpt in ai to produce images of Formula 1 race teams and various formula 1 race locations such as Las Vegas or Monte Carlo. Each image is 100% unique. These images appear to be the actual race car and location, though they are not exact matches.......... but they are close. I would... View More

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answered on Nov 20, 2023

Hi Wes,

Creating and selling images that closely resemble Formula 1 race teams and locations, even if they are unique and generated by an AI, can still raise copyright and trademark concerns. Copyright laws protect original works of authorship, including images, and trademarks protect brand...
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1 Answer | Asked in Copyright, Criminal Law, Personal Injury and Sexual Harassment for California on
Q: I live in Los Angeles and an ex romantic partner posted an intimate video of me without consent (Poland). What do I do?

He's also stalking me, taunting me by showing all of the personal information he has about me, which I did not give. He calls me various slurs, tells me that I would be better off dead, etc. Would California extradite someone from Poland for this or do I have to pursue justice in Poland?... View More

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answered on Nov 20, 2023

Your situation is complex and distressing, involving issues of non-consensual sharing of intimate images, stalking, and harassment. In California, the distribution of such images without consent is illegal, and you have legal rights that can be enforced.

Regarding the video posted without...
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1 Answer | Asked in Copyright for California on
Q: Can I use a quote from the film, Thelma and Louise in my song?

My band and I want to use a dialogue clip from the movie but we aren’t sure if it is copyrighted or not. We just need clarification on if it is and how we require a license to use the clip.

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answered on Dec 15, 2024

Yes, dialogue from the film "Thelma & Louise" is protected by copyright, and you would need permission to use it in your song. MGM owns the rights to the film, including all of its dialogue and audio components.

To legally use the clip, you'll need to obtain a...
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1 Answer | Asked in Identity Theft, Copyright, Gaming and Intellectual Property for California on
Q: Do I have a case for Unjust Enrichment, Idea Theft, Misappropriation, etc?

- I created a blueprint for a massive new game mode for a videogame

- The blueprint was hosted on my self-created website + a 3rd party platform. Some 3rd party elements were "embedded" in my site.

- The 3rd party platform had browsewrap TOS that said "author owns... View More

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answered on Dec 11, 2024

You're dealing with a complex intellectual property situation that intersects with contract law and technology. Based on the timeline and details you've shared, pursuing legal action could be challenging due to California's statute of limitations, which typically requires claims to... View More

1 Answer | Asked in Copyright for California on
Q: Are there any cons for partially owning master recording rights?

I recently signed a music publishing deal and the artist who will sing my song, who also owns his own label, told me that I can partially own the masters even though I am just a songwriter and I do not monetize the recording production or promotion.

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answered on Nov 26, 2024

While owning master recording rights can be valuable, there are several potential drawbacks to consider when accepting partial ownership of masters as a songwriter.

The main challenge is that you'll share responsibility for recording costs, marketing expenses, and any legal issues...
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1 Answer | Asked in Copyright, Entertainment / Sports, Identity Theft and Intellectual Property for California on
Q: Is it legal for an artist to use someone else's personal emails and text for their songs?
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answered on Nov 14, 2024

Using someone else's private communications like emails and texts in songs without permission can lead to serious legal issues. Personal communications are protected by copyright law, and the original writer typically owns the rights to their content. Additionally, publishing private messages... View More

1 Answer | Asked in Copyright for California on
Q: I found a roll of negatives. I had photos printed. How can I market the negatives without breaking any copyright laws?

The subject in the photos is one of the most famous people in the world, taken during a historical event. No other photos of this event have ever been published.

I want to market the sale of the original negatives to prospective collectors.

I know who took the photos and that person is deceased.

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answered on Oct 22, 2024

To market your roll of negatives legally, first verify the copyright status of the photographs. Since the photographer is deceased, copyright typically lasts 70 years after their death in California. If this period has not yet passed, you’ll need permission from the current copyright holder to... View More

1 Answer | Asked in Copyright for California on
Q: Can I use the image of a celebrity or politician in the thumbnail of my YouTube video if I am reporting related news?
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answered on Oct 14, 2024

Using the image of a celebrity or politician in your YouTube thumbnail for reporting related news can be permissible under certain conditions. This typically falls under "fair use," which allows limited use of copyrighted material without permission for purposes like commentary,... View More

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