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California Internet Law Questions & Answers
1 Answer | Asked in Consumer Law, Copyright and Internet Law for California on
Q: I'm compiling an ebook about the best photography locations in my area. Can I get sued for using public locations?

Can I use public locations in my ebook without permission? For example, state parks, building fronts, local parks, schools, etc. No people are shown in the photos I'm using from whom I haven't gotten permission, but I'm wondering if someone could sue me if they're an owner of the location and I'm... Read more »

Benton R Patterson III
Benton R Patterson III answered on Feb 23, 2018

You are free to describe and take photos of public locations (state parts, local schools, etc.). Ownership of real property does not include the right to exclude others from taking photos of the property.

1 Answer | Asked in Copyright, Intellectual Property and Internet Law for California on
Q: Regarding fair use the the term "educational purposes". Are the profesional teachers only allowed to use this term?

Regarding fair use the the term "educational purposes" is included in the exemptions. Are teachers or schools only allowed to use this term? How about the regular website owners,users, or bloggers that are posting things that can be considered informational or educational? (Ex: website that post's... Read more »

Benton R Patterson III
Benton R Patterson III answered on Feb 20, 2018

Most likely it is not fair use to take someone else's image and use it in a blog, even if the purpose is to educate people. An attorney would need to evaluate the entire website to give a confident answer though.

1 Answer | Asked in Copyright, Intellectual Property and Internet Law for California on
Q: Does fair use eductional purposes only apply for teachers? Are bloggers or website owners allowed to use this reason?

Does fair use eductional purposes only apply for teachers? Are bloggers, website owners, or regular website users allowed to use this reason? For example, you are posting some informative content in your website with the image(the image is related to the context) which is copyrighted also posted.... Read more »

Andrew Zulieve Esq
Andrew Zulieve Esq answered on Feb 16, 2018

The statutory fair use exception to a copyright owner's exclusive rights applies to all.

1 Answer | Asked in Criminal Law, Internet Law and Securities Law for California on
Q: If I told somebody they could have a computer hard drive, are they legally allowed to browse my personal data?

My ex wife is claiming that while she said in an email that she would return my computer after she backed up her files, I had previously told her via text that she should keep the hard drives. Her intent is to access the hard drives' data, including ten years worth of my data, and copy whatever... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jan 31, 2018

if you gave it to her you probably should have thought of that then.

you can contact a lawyer to send a demand letter for the return of the drive.

1 Answer | Asked in International Law and Internet Law for California on
Q: 4 months ago i purchased a customised snap filter for my brother’s wedding. Filter never showed up and no refund.
Richard Sternberg
Richard Sternberg answered on Jan 23, 2018

The retainer will very likely exceed the value of whatever a customized seal filter is. Have you tried charging it back on your credit card? Have you reported it to the web merchant that deals with customer complaints?

1 Answer | Asked in Consumer Law, Contracts and Internet Law for California on
Q: Can a website administrator provide access to the relatives of an account member?
William John Light
William John Light answered on Jan 17, 2018

Maybe. Is there a Power of Attorney, Guardianship, Parent-Minor relationship? What do the terms of service say?

1 Answer | Asked in Internet Law, Sexual Harassment, Libel & Slander and Criminal Law for California on
Q: my sister's fiance received a text from a number talking crap about my sister and me, how can i report this ?

my sister got engaged recently and her fiance got a text message from a number saying a lot of bad stuff about my sister and me hoping that my sister fiance call off everything, but gladly he doesn't believe it because he knows my sister well, but we want to know the person and report it

William John Light
William John Light answered on Jan 17, 2018

You only report things that are crimes, like threats, or challenges to fights, etc. If someone wrote factual statements that are incorrect and that damaged your reputation, you might have a civil lawsuit. If so, you might contact an attorney to discuss details. Collecting from this kind of claim... Read more »

2 Answers | Asked in Personal Injury and Internet Law for California on
Q: My neighbors have Ring Cameras and microphones on their house. I would like them not to record my private backyard.

Neighbors have ring cameras.

Dale S. Gribow
Dale S. Gribow answered on Dec 21, 2017

a lawyer would want more info on what must be a feud....

you might need a lawyer to write a letter requesting in a nice way that they cease and desist..............

or you might file in small claims and your case would come up within a few months.

however i would suggest you...
Read more »

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1 Answer | Asked in Business Law, International Law, Internet Law and Trademark for California on
Q: would it be legal to someone else' s products on my website and have my site name similar to the product name?

I am planning to make my own website to sell someone else's products, but would it be legal to have the site name similar to the product name? For instance, the product name is Kate, but my site name will be Kate-u.s.a.

I won't use the same logo and font, as well.

I live in CA... Read more »

Julie King
Julie King answered on Dec 2, 2017

The answer is it depends. If the person who owns the product and product name claims trademark rights to the product name and your name is substantially likely to cause confusion in consumers' minds as to who produced the product, then you would be infringing on the other person's trademark rights.... Read more »

1 Answer | Asked in Consumer Law, Personal Injury, Internet Law and Libel & Slander for California on
Q: A personal injury lawyer for his client states that I am intentionally disparaging the client's business online. How?

I posted the before and after pictures of a taxidermy service I received on my deceased pet. Honestly, I've contacted every facility in the U.S. for a redo and they all said, the pet is ruined, can't be redone, All confirmed the pet looked horrible and that it was not industry standard work.... Read more »

Dale S. Gribow
Dale S. Gribow answered on Nov 16, 2017

ANYONE CAN SUE ANYONE FOR ANYTHING AT ANY TIME.........THE QUESTION IS WHETHER ONE CAN COLLECT AND THEN WHETHER THE SUIT IS IMPROPER THUS ALLOWING THE OTHER PARTY TO SUE FOR DAMAGES.

IF YOU WERE TO SUE YOU WOULD GO TO SMALL CLAIMS COURT I WOULD SUSPECT

1 Answer | Asked in Copyright, Entertainment / Sports, Internet Law and Trademark for California on
Q: I'm considering developing an app that will use pictures and voice clips of celebrities. Am I in danger of being sued?

I'll be using photos and audio clips from the internet. I don't want to go through the hassle of trying to get permission if I don't have to but I don't want to get sued. The app will be free and make money from ad revenue. I'm worried that using someones likeness makes them able to claim part... Read more »

Robert Philip Cogan
Robert Philip Cogan answered on Nov 16, 2017

If you choose the correct celebrity you can expect to be sued. California gives celebrities a "right of privacy." The law generally does not allow violation of rights just because the violator not want the "hassle" of obeying the rules.

1 Answer | Asked in Copyright, Civil Rights and Internet Law for California on
Q: Hello I would like to know what steps i can take , to get my 5 yr old childs picture off instagram .

I asked the woman to delete it or i would take legal action since she did not have permission from either parent. shes my daughters fathers ex girlfriend and they have no contact for almost a year now and i dont feel comfortable . what steps can i take legally?since my child is a minor.

Louis George Fazzi
Louis George Fazzi answered on Nov 6, 2017

You need to ask this question of a New York lawyer, since you are in New York. Most California admitted attorneys are not licensed to practice law in New York and it would be improper of us to offer you legal advice in a location where we are not licensed to practice.

1 Answer | Asked in Consumer Law, Contracts, Gaming and Internet Law for California on
Q: A contest ran with a deadline offering a cash prize, received many entries, & never picked/paid a winner. Is this legal?

This was a wealthy Youtuber who offered $10,000 USD as a prize to the best video made to fit a hashtag. He gained millions of subs and earned millions of dollars in AdSense revenue from the contest but kept the money. When another creator called him out, he made a poor excuse for deciding not to... Read more »

William John Light
William John Light answered on Oct 11, 2017

No, it's not legal and it violates YouTube's own rules.

https://support.google.com/youtube/answer/1620498?hl=en

You can file a complaint with the California Attorney General. https://oag.ca.gov/contact/consumer-complaint-against-business-or-company

2 Answers | Asked in Internet Law, Libel & Slander, Criminal Law and Domestic Violence for California on
Q: Ex v txt, threatened to share my med history & pic of current scrips w/ "everyone, everywhere" if I refuse his demands.

Also sent me a picture of my career profile page, which he hacked into, with the threat of altering my information so that I will not be suitable for hire. And threatened to contact my boss and have me fired. Proof in texts. Also, after the break-up was agreed upon by both parties, we were still... Read more »

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Aug 13, 2017

if you have proof, then call the police. Best of luck.

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1 Answer | Asked in Civil Rights, Internet Law and Libel & Slander for California on
Q: I was wondering what the rights would be for a woman with schizophrenia. she has paranoid disorganized schizophrenia

There is a woman in the neighborhood who seems to be somewhat harassing my mother, a disabled woman with paranoid disorganized schizophrenia. This woman is posting pictures of my mothers house (with the address) to social media saying her house is a homeless tweeker encampment. My mothers... Read more »

Louis George Fazzi
Louis George Fazzi answered on Aug 12, 2017

Is your mother the subject of a legal guardianship or conservatorship? Have you been appointed her legal guardian or conservator? If not, you should immediately take steps to be appointed one or the other. You will need to retain the services of a probate lawyer or conservatorship attorney who... Read more »

2 Answers | Asked in Internet Law for California on
Q: Can you be held liable as an accomplice for a theft committed by someone you've only met and chatted with online?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jul 25, 2017

It's possible. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law... Read more »

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2 Answers | Asked in Copyright, Intellectual Property and Internet Law for California on
Q: I'd like to post famous pop songs that specifically correlate with my art on my website.Do I need permission to do this?

My paintings are named after popular songs. Each painting correlates to a specific song. I'd like to post youtube videos, or recordings of these songs on my website along side my paintings. Will I encounter any legal issues by doing this?

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jul 25, 2017

That sounds like clear IP violation. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/... Read more »

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1 Answer | Asked in Criminal Law and Internet Law for California on
Q: Age of Consent on the Internet

I am a 24 year old California resident. I am a hobby hypnotist. I met a 16 year old Massachusetts residents who wants me to hypnotize her erotically (no money exchanged) over video chat. I do not intend to take any screenshots or the like, just use video chat. I understand that the age of... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jun 8, 2017

That sounds like you may violate CA criminal laws. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/... Read more »

2 Answers | Asked in Entertainment / Sports, Intellectual Property, Internet Law and Trademark for California on
Q: What're the Parody/Fair Use laws concerning impersonating fictional characters humorously narrating public domain works?

The idea is to impersonate various fictional characters from various forms of entertainment, such as Mario (Nintendo video game) or Gollum (Lord of the Rings), reading various public domain works of fiction in as close to the character's syntax as possible ("And the princess pricked her finger on... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jun 1, 2017

This might qualify as a parody. Have a lawyer review the facts and business carefully to help you try to avoid IP violations. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my... Read more »

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1 Answer | Asked in Civil Litigation, Family Law, Internet Law and Libel & Slander for California on
Q: What are the laws regarding information about a relationship on facebook? Can I post pictures of us on dates, texts?

I found out my ex girlfriend lived a double life for 3 1/2 years, yes I got duped. She married another man last July. Her husband found out about me in December, that's when things ended. He and I didnt know each other existed. If I post pictures of she and I (nothing sexual or humiliating) and... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on May 30, 2017

You might face an invasion of privacy or defamation suit. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/... Read more »

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