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, Business Law and Intellectual Property for California on
Q: Can I create questions and guided coursework using someone else's book to sell for teachers to earn PD credit?

Many websites offer professional development credit for book studies to teachers who pay to take their courses. Can I legally create a course based on someone else's book as long as I encourage students to buy the book and I do not copy any text from the book?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 10, 2023

As long as you are not infringing on the author's copyright, creating a course based on someone else's book may be legal. However, you should ensure that your use of the book is considered "fair use" under copyright law. This can depend on factors such as the purpose and nature... View More

1 Answer | Asked in Copyright and Intellectual Property for California on
Q: i want to get the right for selling scooby doo pictures from the Hanna-Barbera Productions, Inc.how can make it
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 8, 2023

To obtain the right to sell Scooby Doo pictures from Hanna-Barbera Productions, Inc., you would need to obtain a license or permission from the company. This would involve contacting the company and requesting a license agreement or permission to use their intellectual property.

You may...
View More

1 Answer | Asked in Trademark and Copyright for California on
Q: Can I use trademarks in book content?

I want to write a book about "iconic cars in history" can I use car brand, models and their pictures inside my book?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 4, 2023

It is possible to use trademarks in book content, including brand names and model names, as long as you are using them in an editorial or descriptive manner to refer to the products themselves. However, you should be aware of the limitations of trademark law.

In general, using a trademark...
View More

1 Answer | Asked in Copyright, Entertainment / Sports and Intellectual Property for California on
Q: Can I sell products that incorporate names/quotes from a television series?

I operate a Facebook group based on a popular television show, and it has grown to over 100,000 members. We are considering monetizing the group to sell apparel, accessories, etc. with quotes and graphics from the show. What is considered copyrighted material, and therefore not able to monetize,... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 1, 2023

If you are considering monetizing products based on a popular television show, you should be aware that many elements of the show, including quotes, characters, and names, may be protected by copyright law. The copyright owner of the show has the exclusive right to reproduce, distribute, and... View More

1 Answer | Asked in Copyright and Intellectual Property for California on
Q: A producer has copyrighted a movie and left his two equal share owners of the copyright, can I force him to include us?

A producer has produced a movie and copyrighted the movie under his own name. The issue is that myself, and my non-profit charity foundation which is set up to help children with cancer, are all equal share owners of a movie with the producer. All three of us share the same percentage ownership in... View More

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

If the contract that you signed with the producer does not grant the producer sole ownership of the copyright, and the producer did not list all three owners on the copyright registration, you may have legal recourse to seek an order that the producer list all three owners on the registration.... View More

1 Answer | Asked in Business Law and Copyright for California on
Q: I took a test. It’s fresh in my mind. Can I create a study guide that’s similar but not the test and sell it?

Would this still fall under copyright infringement? It’s pretty much just a list of facts to know that will likely show up on the test in the form of questions and answers.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 20, 2023

Creating a study guide based on your recollection of a test could potentially be considered copyright infringement if the questions and answers are substantially similar to the original test. This is because the questions and answers on the test are likely considered original works that are... View More

1 Answer | Asked in Copyright and Internet Law for California on
Q: Can I sue someone who shared my explicit content online?

I had an onlyfans page where I shared explicit content behind a paywall. One of my subscribers then illegally downloaded one of my videos and then posted a link for others to download on a leaked nudes forum. I know who the person is, could I sue them for sharing the content without my consent... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 20, 2023

Yes, in California, you may be able to sue the person who shared your explicit content online without your consent. California has laws that protect individuals' privacy rights, including the right to control the use and dissemination of intimate images.

Under California's Revenge...
View More

2 Answers | Asked in Copyright, Patents (Intellectual Property) and Trademark for California on
Q: I have a superhero who is a literal archangel would I still be infringing on Marvel's archangel?

They have the same name: archangel. They both superheroes. They have a similar look (human with wings... Like an angel). But that's it.

The story is radically different. Marvel's archangel is a mutant originally called angel until his wings are replaced by mechanical wings. That... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jan 25, 2023

This is more of a trademark issue than copyright, unless the image of your character is identical to the Marvel character.

ARCHANGEL was a registered trademark of Marvel in 1994 for comic books, but that registration was cancelled in 2005 for failure to file a statement of continuing use....
View More

View More Answers

1 Answer | Asked in Copyright and Entertainment / Sports for California on
Q: Can my clipsite store be completely terminated for DMCA even if I was never warned or able to defend myself

I had a clupstore open on an adult clipsite. I was able to upload MP3 audios and get paid when people purchased them . One day out of nowhere I received an email from the clipsite I did business with and it simply said that my store was permanently terminated and closed due to DMCA. I had never... View More

Lindsay Gunn Spiller
Lindsay Gunn Spiller pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 27, 2022

Using film clips owned by someone else without their authorization violates the copyright. If the film clip was posted online, it might be taken down through the Digital Millennium Copyright Act (DMCA). The DMCA allows individuals to file a complaint with website administrators when they believe... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: Trademarks vs. copyrights?

Trademarks vs. copyrights? I have a business where I create websites and apps. I am not inventing anything new just adding a different take on already existing products. For example, I am doing a mindfulness app for kids. Do I need to trademark everything I do or can I just copyright my work?

Erik Špila
Erik Špila
answered on Nov 12, 2022

Most businesses do at least "bare minimum" in case of trademarking and that means that they try to trademark at least their main business name and their main product name. Even though copyright protection might extend to some of your business outputs, it does not offer you the trademark... View More

1 Answer | Asked in Copyright and Intellectual Property for California on
Q: IP question. If you sell a Zippo lighter on eBay they will have the listing removed for using the name Zippo.

Would this hold up in a court if you were to sue them when you were just selling a real (and more likely used) zippo?

And what if you painted the lighter to decorate it? would Zippo be in the right then for modifying it?

Thanks

James R. Dickinson
James R. Dickinson
answered on Oct 31, 2022

Speak with an intellectual property attorney in your area. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

Q: How would copyright or patent for musical equipment work internationally?

Let us say that Country XYZ has no such thing as copyright infringement and they make musical gear

with preexisting recordings from other companies, and it is perfectly legal in that country.

If a musician in the USA, where it would not be legal to use preexisting recordings from... View More

David Luther Woodward
David Luther Woodward
answered on Oct 23, 2022

What you propose sounds a lot like copyright infringement. I don't understand your terminology--like what do you mean by "gear". An instrument, to me, is a horn, a guitar, a piano, etc., not something that reproduces pre-recorded data.

1 Answer | Asked in Copyright, Intellectual Property and International Law for California on
Q: Do "imported" music/synthesizer software have to meet US regulation on sampling and copyright? Or only in that country?

Hello. If I wanted to purchase a virtual synthesizer from a developer abroad that followed the sampling laws of the country it was made in, could I use that synthesizer in my music? In other words, if the sampling laws of that country were different than that of the US, how would that effect what... View More

David Luther Woodward
David Luther Woodward
answered on Oct 23, 2022

I don't really understand your question, but intellectual property protections like trademarks, copyrights and patents protect the owner's rights, not yours nor that of the U. S. Government--while there are criminal infractions of various relevant statutes.

If you have permission...
View More

1 Answer | Asked in Copyright and Entertainment / Sports for California on
Q: Will pages of a script used as illustration in an ebook on screenwriting be covered under Fair Use?

I'm writing a 30 to 40-page e-book for screenwriters on how to incorporate hidden movie Easter eggs in their scripts to deepen the meaning of their story and keep viewers coming back to see their movie over and over again.

I'm analyzing three particular movies. Within the... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Oct 5, 2022

Copyright Disclaimer under section 107 of the Copyright Act 1976, allowance is made for “fair use” for purposes such as criticism, comment, news reporting, teaching, scholarship, education and research. Fair use is a use permitted by copyright statute that might otherwise be infringing.... View More

2 Answers | Asked in Copyright, Criminal Law, Employment Law and Personal Injury for California on
Q: California CCP 170.6. Granted Nov/21. Then I filed " BLANK " motion in August 2022 and the disqualified J is back ?

It's a commissioner not a judge . And the Honorable un separate action took RJN of the Disqualified Case. within consistent ' FACTS ' noticed. 3rd world....

Dale S. Gribow
Dale S. Gribow
answered on Sep 30, 2022

if this is a Commissioner and not a judge, just don't stipulate..........don't waste your 170.6

View More Answers

1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: Can I get my handmade wire wrapped jewelry art protected by design by copyright or trademark
Erik Špila
Erik Špila
answered on Sep 29, 2022

In most cases, you can use all of them to get maximum protection. Each of these protect something different. At first you should perform trademark/design search to make sure there are no-conflicting prior rights and then decide what strategy suits you best.

If you need any further advice...
View More

1 Answer | Asked in Copyright for California on
Q: I want to write a small book using the stage names & likeness of famous rappers, what should I know?

I want to write a small book that would use rappers stage names, unique lyrics and likeness. At a high-level, what sort of of legal things should I know before writing this and what do you think the best next step is for me to navigate this?

James R. Dickinson
James R. Dickinson
answered on Sep 20, 2022

You need to be careful. Hire an attorney in your area to assist you. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Copyright and Internet Law for California on
Q: Have a copyright infringement question? can u help?

received a threatening letter to cease and desist for sharing a photo on facebook... it was a photo of a some mountains...nothing x-rated or of a person.....

I immediately deleted the photo...but received 2nd letter threatening and asking for money or else will go to court......what shall we do?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 17, 2022

Likely a scam. Hard for them to get any money from you if they cannot prove much in the way of damages. Feel free to contact me for some assistance if you still need help.

Q: WHAT IF I SOMEONE HAS STOLEN MY SCHOOL PROJECTS FROM "96-09" AND HAS FILED AND OBTAINED PATENTS ACCORDINGLY?

ITS PRETTY DEEP. FROM BLUETOOTH TECH, AUDIO CONVERSIONS, AND BLOCKHAIN IN RELATIONSHIP TO DNA.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 8, 2022

You still have copyright protection. You may not have patent protection depending on more factual circumstances of your case.

2 Answers | Asked in Bankruptcy, Consumer Law, Contracts and Copyright for California on
Q: hey I have this assignment for a criminal law philosophy class I'm taking, I need help brainstorming

I can think of a few laws that fall under this idea, but none that are intriguing enough to write a paper about. Any ideas of a law that we regularly abide by even though it doesn't directly align with personal values?

"We have respect for the law, as an institution, even though... View More

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Sep 2, 2022

Not sure this meets your "regularly abide by" criterion, but, I practiced in Oklahoma City for 15 years, and there was a criminal law on the books sanctioning the "Abominable Crime Against Nature" (originally passed, it is surmised, to outlaw anything that gay people might do... 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.