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Copyright Questions & Answers
1 Answer | 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

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...
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1 Answer | Asked in Bankruptcy, Copyright, Criminal Law and Banking on
Q: so i was a victim of credit & debit card fraud, it left my accounts in overdraft, what should i do

it happened a year ago, i only recently became an adult and was super overwhelmed, had no idea what to do. i suffer with anxiety so dealing with this situation on my own was very mentally challenging for me and i tried to avoid it. i know that it won’t go away and i need to contact the bank about... Read more »

Timothy Denison
Timothy Denison
answered on Sep 28, 2022

You probably should hire a lawyer to evaluate your entire financial situation snd see what your best move is from here.

1 Answer | Asked in Copyright, Entertainment / Sports, Gaming, Intellectual Property and Trademark on
Q: if I were to post videos online of a group playing a tabletop game based on copyright material could I be sued?

if I were to post videos on youtube of me and some friends playing tabletop RPG based around copyrighted material (pokemon) could I be sued for copyright infringement and could I monetize it without legal repercussions?

Thomas James
Thomas James
answered on Sep 26, 2022

This response is based on U.S. copyright law. Laws in other jurisdictions may be different.

While game rules are not protected by copyright, the manner in which they are expressed might be. Images (artwork, drawings, photographs, etc.) generally are protected by copyright. Names of games...
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1 Answer | Asked in Copyright for Maryland on
Q: I'm a barber I want to put a marvel character on a flyer to promote my Barber business Is this copy right infringement?
Mark Oakley
Mark Oakley
answered on Sep 21, 2022

There's a joke among lawyers: "A picture is worth a thousand words, but when that picture is protected by image copyright, the picture is only worth three words: cease and desist."

No, you cannot use a copyrighted or trademarked image owned by another in the sale or marketing...
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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, Intellectual Property and Trademark for Illinois on
Q: I am within my legal rights to use a modified version of the coppertone logo freely? I would be making money off it.

Am I allowed to use an image of a girl and dog, deliberately meant to resemble the coppertone ads of the 1960s, as a logo for my band?

Sergiy M Sivochek
Sergiy M Sivochek
answered on Sep 19, 2022

Deliberate copying or modification of someone else's image may constitute willful copyright infringement with serious consequences, especially if done for financial gains. You would be well-advised to carefully discuss your specific plans with an experienced intellectual property lawyer... Read more »

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
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James L. Arrasmith PRO label
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.

1 Answer | Asked in Copyright, Patents (Intellectual Property) and Trademark for Tennessee on
Q: Does claim 20030136149 (publication number) mean that I can't personally make morse code bracelets and sell them?

I am planning on making them and selling them in the Gatlinburg and Pigeon Forge area of TN. We would get a small business license, and pick our own messages. But I'm wondering if I legally can't, based on this patent. And if this patent doesn't stop me, are there other patents that... Read more »

Carl Massey Jr
Carl Massey Jr
answered on Sep 16, 2022

This is not a patent. It is a published patent application that was abandoned a long time ago. If you need a patent search to see if any other patents out there would present a problem, you're gonna have to engage a patent professional. But this patent application would not be a problem.

2 Answers | Asked in Copyright, Gaming and Intellectual Property for Michigan on
Q: Is it illegal to make content using video game footage/pictures?

I want to make video game content like YouTube videos or screenshot pictures. Like game playthroughs or something. I also want to be able to monetize somehow, like with ads, affiliate marketing, or linking to Patreon.

But I'm worried about getting in trouble with copyright or getting... Read more »

Erik Špila
Erik Špila
answered on Sep 13, 2022

Dear Creator,

thats a very interesting question and I will gladly try to answer it.

At first, in general, it is legal to create a gameplay videos from video games and post them on youtube and then monetize your channel. There are some circumstances when this does not apply such as...
Read more »

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2 Answers | Asked in Contracts, Copyright and Business Law for Colorado on
Q: What to do ?

I started a new instagram account for my twin boys and have posted a video that reached 6 millions views in a week or so and a company contacted me to get a permission from me to share their video in their social media and I will get 60% and they get %40. So I just want to talk with an attorney... Read more »

Kevin Michael Strait
Kevin Michael Strait
answered on Sep 11, 2022

You are wise to check with an attorney before you sign anything that does not make sense. Generally, the person creating a video clip has an automatically-occurring copyright in that video. The automatic rights are harder to enforce or sell, but the maker of the video clip can register their rights... Read more »

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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
answered on Sep 8, 2022

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

1 Answer | Asked in Copyright and Trademark for New York on
Q: I’m an artist and custom paint on designer goods and resell them with my art work, is that trademark infringement?

Hello, I’m an independent artist and recently had my business page on Facebook shut down by Cartier for trademark infringement. I purchased a leather card holder from them, painted a design on it and sold it with my artwork. My sales post stated it was custom painted as well as on my website. My... Read more »

Erik Špila
Erik Špila
answered on Sep 8, 2022

Dear Mrs or Mr,

in my opinion you have assessed your case good and from information you have provided it seems like the exhaustion of trademark rights should apply in this case and therefore no trademark infringement shall be involved. However to answer you with more certainty, I would need...
Read more »

1 Answer | Asked in Consumer Law and Copyright for Texas on
Q: how do you sum up the case of Zippo Mfg. Co. v. Zippo Dot Com, Inc.,
Steve Charles Vondran
PREMIUM
Steve Charles Vondran
answered on Sep 7, 2022

To my best understanding of the case, Zippo Manufacturing Company sued Zippo Dot Com, Inc. for copyright infringement. Zippo manufacturers lighters, and Zippo Dot Com operated a website that sold a variety of lighter-related products, including cases, flints, and wicks. In its complaint, Zippo... Read more »

1 Answer | Asked in Copyright, Gaming and Trademark for Georgia on
Q: Can I make a web-comic using screenshots from a video game?

More specifically, can I tell the story of the game, using screenshots, edited into a web-comic format? Would the story have to be original? Is there any variation of this idea that could be monetized?

Erik Špila
Erik Špila
answered on Sep 6, 2022

Yes, you can use screenshots from a videogame to make some new piece of author work. Considering that the screenshots are also yours. In my opinion it is same as making a YouTube videos in-game and then monetizing your gaming channel. Story should be original if you want to be an author of the... Read more »

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... Read 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... Read more »

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1 Answer | Asked in Copyright and Patents (Intellectual Property) for Oklahoma on
Q: Can I patent an idea or program I created ? I have shared this nation wide and state wide. I go to schools as well

In clinic, or school program that helps secretly get resources out on human trafficking. Program design to help keep individuals safe. After wrongful termination the clinic is still wanting to use my ideas.

Erik Špila
Erik Špila
answered on Sep 2, 2022

It is not certain how long have your invention been public and other details. Computer programs themselves are mostly not patentable but in some cases they can be patentable (you can patent processes performed by the software). However, if your software is no longer novel, you will not be able to... Read more »

1 Answer | Asked in Copyright and Trademark on
Q: Hi there , I am the Domain Owner of HENRYSCHEIN.SHOP & I got Cease & Desist Letter, do I stand firm or ask to buy.

Do I stand firm or should I ask them to Offer me an Amount.

Erik Špila
Erik Špila
answered on Sep 2, 2022

Hello,

this mostly depends on the priority date. Have they registered trademark before you registered this domain? Have they used the mark before? Maybe they have registered the same name as a business name before. There are many questions that would need to be answered first before we can...
Read more »

1 Answer | Asked in Copyright and Trademark for Florida on
Q: Can you use a lower case p and put the word phish on a shirt?
Erik Špila
Erik Špila
answered on Aug 30, 2022

The answer depends on many variables such as are you going to make business with these shirts? Are you going to use the shirt only for your private purposes (like wearing it by yourself)? If you are going to sell these, are there similar/identical trademarks in such segment in your country?... Read more »

1 Answer | Asked in Copyright, Employment Law and Family Law for Georgia on
Q: Hello Lawyers: I want to know, can I sue French Montana and Coke Boys Record?
Zachary Taylor Beck
Zachary Taylor Beck
answered on Aug 29, 2022

A person can file any lawsuit they want against whoever they want. However, whether that lawsuit is successful and warrants merit is another matter. Further, filing frivolous lawsuits can result in severe sanctions. Thus, consult an attorney before you file any type of lawsuit.

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