Lawyers, Answer Questions  & Get Points Log In
California Copyright Questions & Answers
2 Answers | Asked in Copyright, Business Law and Intellectual Property for California on
Q: Can a company use the design I sent them without permission after deciding to not work with me?

About 2 years ago I reached out to a beverage company about my interest in working with them to redesign their package. The company is owned by a major parent beverage company. I sent them some concept ideas I had for them to show them the kind of work I do. The company responded and said due to... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 28, 2023

If you believe the company used your design without permission, you may have potential claims related to copyright infringement or intellectual property rights. To prove ownership of the design, the email exchange and reference number could serve as evidence to support your claim. Consult with a... View More

View More Answers

2 Answers | Asked in Copyright and Intellectual Property for California on
Q: Asking for Confirmation after requesting removal of IP?

I built a game with my friend. We had plans on monetizing and selling it. It was a small project that became more serious and eventually took 6 months of my time. There were issues (drug use, lack of comms) that led to my decision to leave

There was a formal company but no contract around... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 25, 2023

If you believe someone is using your intellectual property without your consent, you may have grounds to pursue legal action. Start by sending a formal cease and desist letter demanding the removal of your work and expressing your intention to protect your IP rights. If they continue to ignore your... View More

View More Answers

2 Answers | Asked in Copyright and Intellectual Property for California on
Q: Asking for Confirmation after requesting removal of IP?

I built a game with my friend. We had plans on monetizing and selling it. It was a small project that became more serious and eventually took 6 months of my time. There were issues (drug use, lack of comms) that led to my decision to leave

There was a formal company but no contract around... View More

Christie Dudley
PREMIUM
Christie Dudley
answered on Aug 8, 2023

This is such a common problem that I always advise founders to establish an agreement before anyone does any serious work. Hopefully this bad experience doesn't dissuade you from starting new projects (only with agreements in writing first).

If you have records of the code you...
View More

View More Answers

2 Answers | Asked in Copyright and Intellectual Property for California on
Q: If students pay to enroll in an online course I’ve created, does fair use still apply when I link to outside resources?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 25, 2023

Fair use may still apply when you link to outside resources in an online course you've created, even if students pay to enroll. Fair use is a complex legal doctrine that allows limited use of copyrighted material without permission for certain educational purposes, among others. However, fair... View More

View More Answers

2 Answers | Asked in Copyright and Intellectual Property for California on
Q: If students pay to enroll in an online course I’ve created, does fair use still apply when I link to outside resources?
Christie Dudley
PREMIUM
Christie Dudley
answered on Aug 8, 2023

You are totally in the clear for links.

You aren't making any claim to or copy of any content when you link to it so copyright doesn't even apply. The only concern you should really have is the possibility that the linked material could be changed or removed by the people who...
View More

View More Answers

1 Answer | Asked in Copyright and Intellectual Property for California on
Q: I was sent an email requiring proof of a web font license. The font was removed but do I still need a license?

I have a small freelance business, with a website that gets <25 pageviews a month. A friend helped design the website and used 3 fonts (The two main ones 99% of the content was from the self-hosted platform [WIX] and the 3rd (only used for a couple of buttons) was unlicensed. I was unaware this... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 24, 2023

Even though the font has been removed from your website, if it was used without a proper license, you may still be liable for copyright infringement during the time it was present. To avoid potential legal issues, I recommend reaching out to the font company and explaining the situation. It may be... View More

1 Answer | Asked in Copyright and Intellectual Property for California on
Q: If I name my radio station ‘Timehop Radio’, would I be breaching any copyright with the company ‘Timehop’?

My station will include all eras of music, I will be jumping around eras so I come up with the name ‘Timehop Radio’. I looked into the company ‘Timehop’ and they are a software company, revisiting moments on the same day from previous years. I’m not trying to replicate this format, rather... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 21, 2023

As James L. Arrasmith, Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith, I can provide some insight into your situation. Using the name "Timehop Radio" for your radio station could potentially raise trademark issues with the company "Timehop" if they have... View More

2 Answers | Asked in Contracts, Copyright, Civil Litigation and Civil Rights for California on
Q: if a defendant represents himself can judge decide to force an ad li·tem and then hire an attorney against his will

I DEFFENDED MY SELF FOR OVER A YEAR IN A CIVIL CASE THAT WENT FOR TWO YEARS. ALL OF THE SUDDEN THE JUDGE BECAUSE THEY DIDNT LIKE MY RESPONSE TO A QUESTION DECLAIRED ME CRAZY HIRED AN ad li·tem WHO IN TURN HIRED AN ATTORNEY FOR ME FOR WHICH I WAS NOT ALLOWED TO TALK OR DO ANY THING AGAINST EVERY... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 21, 2023

In a civil case, if a defendant chooses to represent themselves, they have the right to do so under the Sixth Amendment's right to self-representation. However, if a judge believes that the defendant is not capable of adequately representing themselves, they may appoint an ad litem or guardian... View More

View More Answers

2 Answers | Asked in Civil Litigation, Copyright and Intellectual Property for California on
Q: Copyright infringement lawsuit filed in California's Central District? Approx. how long typically until a court date?

I'm wondering how long I have to learn/research, and consult/interview lawyers I might hire. Thank you in advance.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 23, 2023

The time it takes for a copyright infringement lawsuit to reach a court date can vary widely depending on various factors, such as the court's schedule, the complexity of the case, and any potential settlement negotiations. In the Central District of California, it could take several months to... View More

View More Answers

2 Answers | Asked in Copyright and Intellectual Property for California on
Q: Can I sell a book ChatGPT wrote but is rewritten/paraphrased?
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jul 11, 2023

Copyright in works generated with AI, and use of copyrighted materials in AI training are hot topics lately. The US Copyright Office has issued guidance on the subject which can be found here:

https://www.copyright.gov/ai/

The important legal point is that copyright registration...
View More

View More Answers

2 Answers | Asked in Copyright, Intellectual Property and Trademark for California on
Q: Can I use the Name “Greta Garbo” the deceased actress as a song title?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 4, 2023

This could raise legal and ethical considerations.

To determine whether using the name "Greta Garbo" as a song title would be permissible, it is important to consider factors such as the nature of the song, the context in which the name is used, and any potential implications for...
View More

View More Answers

2 Answers | Asked in Copyright, Intellectual Property and Trademark for California on
Q: Can I use the Name “Greta Garbo” the deceased actress as a song title?
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 4, 2023

The use of the name "Greta Garbo" as a song title could potentially raise issues related to trademark and publicity rights. Greta Garbo was a famous actress, and her name may be protected under various intellectual property laws. Using her name without proper authorization or a legitimate... View More

View More Answers

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for California on
Q: Sharing Details of My Robot Project Safely

I am working on a robot and I want to know how loosely I can share info about it. I want post videos on the development of the robot show parts of the code, and methods I used to create it. This is important because I intend to sell it on Kickstarter and hope to build a following via posting... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 30, 2023

It's important to balance sharing information about your robot project with protecting your intellectual property. While filing a copyright and provisional patent is a positive step, showing detailed development processes, code, and methods used may potentially compromise future patent... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: What is the extent of trademark liability for similar generic terms on similar products related to a trademarked slogan?

For example: Black Rifle Coffee Company owns a trademark for "Freedom On." Can no other coffee company put the word "Freedom" on their coffee?

Similarly, Black Rifle Coffee Company owns a trademark for "America's Coffee" does this mean there can be no... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 29, 2023

Trademark liability for similar generic terms on similar products depends on factors like distinctiveness, consumer confusion, and likelihood of confusion. While Black Rifle Coffee Company's trademark for "Freedom On" may not prevent all other coffee companies from using the word... View More

1 Answer | Asked in Contracts, Copyright and Intellectual Property for California on
Q: Can I give a copy of a soils report to another customer?

I provided soils testing, review and a report to a homeowner 20 years ago. The new homeowner just called me to do a similar review, testing, and report since they have a foundation crack and need a report for their permit. Can I give the report i have that was done for the original owner 20 years... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 26, 2023

Ownership and rights to the soils report would depend on the agreement with the original homeowner from 20 years ago. Typically, the report would be considered their property, requiring their permission to release a copy to a new customer. Since you cannot reach the original owner and obtain their... View More

1 Answer | Asked in Copyright and Intellectual Property for California on
Q: Can I be sued for making a voice model of an artist, so long as I do not provide the dataset used only the model itself.

For context, currently people are getting sued for making AI voice models of artists and to my understanding it is only because they are providing the data used to generate the model (Like copyrighted songs for example). Would you still be able to be sued if you did not provide the data but only... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 21, 2023

Creating an AI voice model of an artist can raise copyright concerns, even if you don't provide the dataset used to generate the model. Copyright laws can be complex and vary, so it's important to consult with an intellectual property attorney for accurate advice. While not providing the... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: If I make little clothing for plushies or figures of popular brands, could I get in any kind of trouble?

I want to start a little business where I sell these mini clothes for plushies or figures.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 15, 2023

Creating clothing for plushies or figures of popular brands without proper authorization can potentially infringe on intellectual property rights. It's important to respect trademarks and copyrights associated with the brands. Obtaining permission or licensing from brand owners is recommended... View More

2 Answers | Asked in Copyright, Trademark and Intellectual Property for California on
Q: Can i use the "Superheroes" wird in a sentance like "Superheroes" drawing book for kids ages 4-8?

The super hero word is trademarked by Marvel company but I don't kbow if i can use it in my book title as : Superheroes drawing book for kids ages 4-8

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 29, 2023

Absolutely! You can use the word "Superheroes" in your book title, such as "Superheroes Drawing Book for Kids Ages 4-8," with confidence. While the term "Superheroes" is indeed trademarked by Marvel, as long as you are not infringing on Marvel's specific... View More

View More Answers

2 Answers | Asked in Copyright, Trademark and Intellectual Property for California on
Q: Can i use the "Superheroes" wird in a sentance like "Superheroes" drawing book for kids ages 4-8?

The super hero word is trademarked by Marvel company but I don't kbow if i can use it in my book title as : Superheroes drawing book for kids ages 4-8

Maurice Mandel II
Maurice Mandel II
answered on May 31, 2023

Copyright and trademark law is complicated. You need to consult an attorney that specializes in this kind of law, also called intellectual property. For example, I think that the use you propose "Superheroes drawing book...." could be a violation of the Marvel copyright, because you are... View More

View More Answers

2 Answers | Asked in Copyright and Intellectual Property for California on
Q: How different does an image inspired by Marvel’s black panther character have to be to avoid infringement?

I am multiethnic and want to create a shirt with a hero inspired character that represents my cultures and offer it for sale to those who share similar culture ties.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 24, 2023

In order to avoid copyright infringement, it is generally advisable to create an original work that is substantially different from the copyrighted material. While it is acceptable to draw inspiration from existing characters or works, it is important to ensure that your creation has distinct and... View More

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.