Ask a Question

Get free answers to your Copyright legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
California Copyright Questions & Answers
1 Answer | Asked in Copyright and Intellectual Property for California on
Q: I have a copyright certificate for my origami book, but a competitor sells a similar kit. How can I validate my rights?

I have a copyright certificate for my origami book, but I’ve noticed a competitor selling a kit that includes a book featuring patterns and text that are very similar to mine. This competitor has been very successful on Amazon, particularly during peak sales seasons, which raises my concerns... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 18, 2024

To protect your rights, the first step is to compare the specific elements of your book that are copyrighted, such as the text, illustrations, and unique pattern descriptions, with the competitor’s kit. Copyright protects the expression of ideas, not the ideas themselves, so it's important... View More

1 Answer | Asked in Copyright, Entertainment / Sports and Intellectual Property for California on
Q: Is it legal to release music about a TV show using the name of the show and characters within it?

For example, could a musician release an original song called "Star Wars is Awesome" that talks about characters within Star Wars using lightsabers, etc. The music is completely original, doesn't use samples, and it doesn't talk poorly about the franchise or characters.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 9, 2024

Creating music that directly references a TV show, its title, and its characters can potentially lead to legal issues. The show's name, characters, and other iconic elements are often protected by copyright and trademark laws. Even if your music is entirely original, using these elements... View More

1 Answer | Asked in Copyright and Trademark for California on
Q: Can I use "We the people" in an original design

it is going to go on a t shirt in the original font that was on the constitution. Also, the design is not trademarked or anything like it is not appearing

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 29, 2024

Yes, you can use "We the People" in your original design for a t-shirt. The phrase itself is in the public domain since it's from the U.S. Constitution, a government document that isn't subject to copyright protection. This means you can use the words freely without needing... View More

1 Answer | Asked in Copyright, Criminal Law and Identity Theft for California on
Q: Hello, Do you serve the Oakland CA area?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 28, 2024

I understand your concern and the importance of finding the right legal help. Unfortunately, I do not serve the Oakland, CA area directly.

However, I recommend looking for local attorneys who can assist you with your specific legal needs in the Oakland area. It’s crucial to connect with...
View More

1 Answer | Asked in Copyright for California on
Q: Can I use classical music in my YouTube videos and still obtained monetization?

I am a ballet dancer and I would like to start posting videos of myself performing classical works to classical music like swan lake. The original composition is created by Tchaikovsky, but most renditions are either CC or Copywritten. I'm finding most answers to be mixed and I do not want 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 Aug 28, 2024

Using classical music in your YouTube videos can be tricky, even if the original composition is in the public domain. For example, while Tchaikovsky's "Swan Lake" itself is not under copyright, most modern recordings of it are protected by copyright. This means you need to be... View More

1 Answer | Asked in Copyright for California on
Q: Can I use a logo for my nft collection
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 18, 2024

Using a logo for your NFT collection can be tricky, especially if you don't own the rights to that logo. Copyright and trademark laws protect logos, and using one without permission could lead to legal issues. Even if you are making changes to the logo, it may still infringe on the original... View More

1 Answer | Asked in Contracts and Copyright for California on
Q: I'm looking to use online software to create/generate activity puzzles, journal pages etc for commercial use.

The tools require varying amounts of user input.

The site's terms, which govern the users use of all website pages and services say downloaded files can be commercially used to create book covers, print books, digital printables or eBooks and that the terms, disclaimers and legal... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 15, 2024

When using the site, it's important to prioritize the terms, legal notices, and disclaimers, as they constitute the entire agreement between you and the company. Since the FAQ isn't part of this agreement, what the owner says in an email holds more weight, especially if they confirm full... View More

1 Answer | Asked in Copyright, Entertainment / Sports and Intellectual Property for California on
Q: What happens if you co-wrote a screenplay and intend to sell it, but your co-author goes insane (not a joke) and MIA?

I own a shared piece of intellectual property (screenplay) with a writing partner. My partner had a psychotic break, stopped taking his bi-polar medication, was briefly institutionalized, blocked all communication from me and hasn’t been seen by anyone in weeks. Is the script dead because he’s... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 3, 2024

Navigating the situation with your co-author can be challenging, especially given their current circumstances. Since you co-wrote the screenplay, both of you generally have equal rights to the work, which complicates matters when one party is unresponsive. It's important to gather all... View More

1 Answer | Asked in Copyright for California on
Q: My grandmother wrote a book back on the 1960s.The book is not still being published and the publisher not in business

Can I as her granddaughter republish the book and does my family now have the rights to it.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 28, 2024

You can look into republishing your grandmother's book, but there are a few steps you need to follow to ensure it's legal. First, determine if the book's copyright is still valid. Copyrights from the 1960s typically last 95 years from the date of publication if they were renewed... View More

1 Answer | Asked in Copyright and Intellectual Property for California on
Q: So of your using th color sceams of super heros for a podcast logo is that bad
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 18, 2024

Using the color schemes of superheroes for your podcast logo can potentially cause issues, depending on how closely it resembles the original characters. If the colors and design are distinctive enough to be associated directly with specific superheroes, it might infringe on copyright or trademark... View More

1 Answer | Asked in Copyright, Identity Theft, Intellectual Property and White Collar Crime for California on
Q: The copyright action is my win and the copyright forms proves they knew with intent the crimes they were committing

Case Number 23SMCVO4O18. proves the truth

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 22, 2024

I can offer some general information about copyright law and legal proceedings:

1. Copyright actions can be complex, and the outcome depends on many factors specific to each case.

2. Intent is often an important element in copyright infringement cases, particularly when determining...
View More

2 Answers | Asked in Copyright and Gov & Administrative Law for California on
Q: If a book was library of Congress does that mean a congressmen or congresswoman wrote the book?

Just wanted to know

Tim Akpinar
Tim Akpinar
answered on Mar 21, 2024

Not necessarily (although it's possible a congressman/woman could be an author). The Library of Congress is a national library and serves as a research resource for Congress. That's the connection with Congress; not due to authorship. Good luck

View More Answers

1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: I'm writing a drinking game booklet and using the title of a show for the title of a game is that copyright infringement

It is a booklet of of preset drinking games of tv shows, movies or movie/tv show genres and I was wondering if I use a tv show for the title of one of the games is it copyright infringement? For example I have a Flavor of Love show drinking game. Can I use that title?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 31, 2023

Using the title of a TV show or movie in the title of a drinking game may potentially expose you to legal risk. Titles themselves aren't generally copyrighted, but they might be trademarked, especially if they're part of a well-known series or franchise. If a title is trademarked, using... View More

1 Answer | Asked in Copyright and Intellectual Property for California on
Q: Can I share videos online of a fan game I'm working on that I'll never distribute?

I'm making a fan game based on copyrighted material. It's mainly for personal use so I can learn how to code, I will never distribute it so other people will never be able to play it. However, I wanted to know if there was a way for me to share gameplay videos of my fan game online that... View More

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

While you may not be distributing the game itself, sharing gameplay videos online could still expose you to legal risks. In California, as elsewhere in the U.S., copyright law grants exclusive rights to copyright holders. This includes the right to create derivative works based on the original... View More

2 Answers | Asked in Trademark, Intellectual Property and Copyright for California on
Q: Is it okay to use another company's trademark in my domain, if I'm discussing their product in my forum?

I'm thinking of making a Bionicle discussion forum at the domain bionicleforum.com. I'm concerned that could open me up to a lawsuit from Lego who owns the Bionicle trademark. I'd like to know what you think.

Robert P. Cogan
Robert P. Cogan
answered on Oct 19, 2023

I have no knowledge of whether Lego would sue. It is possible that they could feel that you are creating a false association of the discussion form with Lego. They might also feel that you are creating a likelihood of confusion as to the source of the forum and could argue that this is a classic... View More

View More Answers

1 Answer | Asked in Copyright and Intellectual Property for California on
Q: Do I need permission from a gym website to post their schedule on my app?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 16, 2023

Posting copyrighted content without permission can constitute copyright infringement. Many gym schedules, although seemingly simple, may be considered original works protected by copyright law. If the gym's schedule contains unique content, descriptions, or any other original material, it may... View More

2 Answers | Asked in Intellectual Property and Copyright for California on
Q: Am I covered by the pastiche law if I include photos of out-of-print book covers in my short, independent film?

The short film shows the books in a loving, nostalgic light. I am submitting it to film festivals, online literary magazines, and contests for short films using Imovie.

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 9, 2023

In California, the concept you're referring to is not "pastiche law" but rather the doctrine of "fair use." Fair use allows limited use of copyrighted material without permission from the copyright holder for purposes such as criticism, commentary, news reporting,... View More

View More 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

Julie C Hancock
Julie C Hancock
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.

View More Answers

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

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.