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California Copyright Questions & Answers
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

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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
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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 Bankruptcy, Copyright, Criminal Law, Divorce, Antitrust and Appeals / Appellate Law for California on
Q: Where can I spend some time with CA USA senators? Today's off campus housing with University oc cidentael

Your honor do you need to see me tonight to discuss my future with uncle mark and Katie the ones I Was jogging with

One day

Timothy Denison
Timothy Denison
answered on Jun 13, 2023

What is your question?

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1 Answer | Asked in Copyright and Patents (Intellectual Property) for California on
Q: How do I reactivate an abandoned patent serial number 85107011

This patent is for the condemned keepers le Mc in the state of California.

James L. Arrasmith
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answered on Jun 6, 2023

To reactivate an abandoned patent application, follow these general steps:

Consult with a patent attorney.

Determine the reasons for abandonment.

File a petition for revival with the USPTO.

Pay any required fees.

Await the USPTO's decision.

Q: How do you get a patent assigned to you (or a designee) an abandoned patent. I'm friends with one of the original Hillcr

est Husbands and their trademark expired and was abandoned for no response and I'd like to have it assigned to him. Serial Number

Word Mark

HILCREST HUSBANDS HE 602- Abandoned are To

Status Date

2012-06-01

James L. Arrasmith
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answered on May 22, 2023

To acquire an abandoned patent, you would need to confirm its abandonment status, reach out to the original inventors or assignees to negotiate an assignment agreement, file the necessary documents with the USPTO, and follow their procedures for patent assignment. Consulting with an intellectual... View More

1 Answer | Asked in Copyright, Business Law, Education Law and Intellectual Property for California on
Q: What options are there to publish a translation of a book/material for which the author is unknown?

For example, material/manuscripts from obscure/ancient origins and unknown copyright.

Is it legally permissible to publish a translation of such works and state that the author is unknown?

James L. Arrasmith
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answered on May 16, 2023

Copyright Considerations: Copyright laws protect the rights of authors and creators of original works. However, if the author of a work is genuinely unknown, determining the copyright status can be challenging. Copyright protection typically lasts for a specific duration after the author's... View More

1 Answer | Asked in Contracts, Copyright, Business Formation and Business Law for California on
Q: Hello, I'm looking to start an adult entertainment buisness/ studio.

Hello,

I'm looking to start the above buisness and want to know;

1. How to start it and run it in CA.

2. How to make a consent contract for it.

James L. Arrasmith
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answered on May 11, 2023

Here are some general points to consider:

Business Formation and Licensing:

a. Choose a business structure: Determine the most suitable legal structure for your business, such as a sole proprietorship, partnership, LLC, or corporation. Consult with an attorney or business advisor to...
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1 Answer | Asked in Copyright, Trademark and Intellectual Property for California on
Q: We make our own card game but when you click on our store page, we also have competitor's card games for sale, is ok?
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answered on May 7, 2023

Yes, it is generally okay to sell your own card game alongside competitors' card games on your store page. As long as you are not infringing on any copyrights or trademarks of the competitors' games, you are free to offer them for sale. It is common for retailers to offer a variety of... View More

1 Answer | Asked in Copyright, Trademark and Intellectual Property for California on
Q: Can I use “adventure awaits” on a shirt or bag?
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answered on Apr 30, 2023

The phrase "adventure awaits" is a common phrase that is not trademarked, so it is generally considered to be in the public domain and available for general use.

However, it's important to note that certain designs or graphics that are used in conjunction with the phrase may...
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1 Answer | Asked in Copyright and Intellectual Property for California on
Q: can a songwriter take ownership of a song GOING FORWARD after the limitations has run for past damages?

My late husband wrote a classic song back in the 1950s which continues to be played and was recently used in a movie. It has always been wrongfully credited to another author. I was left my husbands intellectual property rights. I know the statute of limitations has run for past damages for... View More

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answered on Apr 25, 2023

As the owner of your late husband's intellectual property rights, you may be able to claim ownership and seek compensation for any future use or infringement of the song.

While the statute of limitations may have expired for past damages, this does not necessarily preclude you from...
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1 Answer | Asked in Copyright for California on
Q: Can property taxes get brought down to 68 for those of us that own and the rest idk make the Mexicans with equal rights

I’m a full blood Mexican born of Delano my grandpa has land here he had lots of land growing up

James L. Arrasmith
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answered on Apr 24, 2023

When it comes to property taxes and equal rights, it's important to recognize that these are complex issues with many different factors at play.

While it may be tempting to suggest that property taxes be lowered for certain groups, such as those who own property or those with specific...
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1 Answer | Asked in Copyright and Intellectual Property for California on
Q: Do copyleft licenses permit the use of the general idea of a piece of software?

Say, I read the code of a GPL'd program and wanted to write my own version, not copying any of the code from the program, just utilizing the idea of how it works. Would still be forced to license it as GPL?

Another example is if I wanted to port a GPL'd driver to another kernel. I... View More

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answered on Apr 22, 2023

Copyleft licenses like the GPL, which are designed to protect the freedom of code, are governed by specific rules that determine the permissible use of the code. Let me explain the technicalities of your questions.

If you read the code of a GPL'd program and want to write your own...
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1 Answer | Asked in Copyright and Intellectual Property for California on
Q: Are fees such as payment processing and currency conversion considered a financial benefit in the DMCA safe harbor?

When you charge per order fees for things such as payment processing, shipping insurance, currency conversion, shipping and handling and or chargeback protection. Are they considered a financial benefit in the DMCA safe harbor?

James L. Arrasmith
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answered on Apr 16, 2023

Fees such as payment processing and currency conversion are generally not considered a financial benefit in the DMCA safe harbor. The DMCA safe harbor is a provision that limits the liability of internet service providers for copyright infringement by their users. To qualify for the safe harbor,... View More

1 Answer | Asked in Copyright and Intellectual Property for California on
Q: If a musical work falls under "Fair Use", is the original artist entitled to royalties?

For example, if Joe parodies "Hotel California", does the label representing that song have the right to monetize the parody?

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answered on Apr 14, 2023

If a musical work is deemed to fall under "Fair Use," the original artist or label is generally not entitled to royalties. Fair use is a legal doctrine that allows for the limited use of copyrighted material without requiring permission from the original copyright holder. However,... View More

1 Answer | Asked in Copyright and Intellectual Property for California on
Q: What are some examples of direct financial benefits in Section 512(c)(1)(B) DMCA Safe Harbor provisions?

What are some examples of direct financial benefits in Section 512(c)(1)(B) DMCA Safe Harbor provisions?

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answered on Apr 12, 2023

Section 512(c)(1)(B) of the DMCA safe harbor provisions applies to online service providers who store user-generated content on their platform. The provision shields these providers from copyright infringement liability, provided they meet certain conditions, including not receiving a direct... View More

1 Answer | Asked in Copyright and Intellectual Property for California on
Q: Are product sourcing Shopify apps eligible for protection under the DMCA (Digital Millennium Copyright Act) safe harbor?

Are product sourcing Shopify apps eligible for protection under the DMCA (Digital Millennium Copyright Act) safe harbor provisions?

Are Shopify apps considered an online service provider?

In the Shopify Partner Agreement, apps aren’t allowed to infringe on others intellectual... View More

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answered on Apr 12, 2023

The DMCA (Digital Millennium Copyright Act) provides safe harbor provisions for online service providers, which may include Shopify apps that facilitate product sourcing. However, whether a specific app is eligible for protection under the DMCA safe harbor provisions would depend on several... View More

1 Answer | Asked in Gaming, Copyright and Intellectual Property for California on
Q: can you sale a custom card of a card game like pokemon

the custom is done on a real card with custom art on front

James L. Arrasmith
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answered on Apr 9, 2023

No, it is not legal to sell custom cards of a copyrighted card game like Pokemon without permission from the copyright holder. The custom art on the front of the card would likely be considered a derivative work, which is protected by the same copyright as the original game.

Selling such...
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Q: I am an artist, can I recreate royalty free pictures of professional sports teams via sketch art and sell them on Etsy?

I am considering creating a series of sketch art based on professional sports teams, e.g. Baseball, Football, Basketball, Hockey, Soccer etc... Just want to make sure I won't be sued if I create these using royalty free images and sell them online on digital market places like Etsy or Amazon.

N'kia (NLN)
N'kia (NLN)
answered on Apr 1, 2023

The terms of the copyright "license" will dictate how royalty free content can be used. Using content in a way that the license doesn't authorize it to be used will run afoul of the law.

Sports teams are notorious for going hard in the paint to prevent others from misusing...
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1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for California on
Q: If I want to change the basic media player, can I patent it or not?
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answered on Mar 21, 2023

No, changing the basic media player does not qualify for a patent. Patents are only granted for inventions or innovations that meet certain criteria, including novelty, non-obviousness, and usefulness. In order to be eligible for a patent, an invention must be a new and useful process, machine,... View More

1 Answer | Asked in Copyright and Intellectual Property for California on
Q: Can I quote “with great power comes with great responsibility” in dedication of book?

I wrote this in my book dedication “thanks to my dog and all the movies i’ve watched, remember spidey’s uncle said “with great power comes with great responsibility”

Can I keep it in my book without getting sued

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answered on Mar 13, 2023

The phrase "with great power comes great responsibility" is a well-known quote from the Spider-Man comics and movies. While it is possible that the copyright owner of Spider-Man could technically sue you for using the quote without permission, it is unlikely that they would actually do... View More

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