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Arizona Copyright Questions & Answers
2 Answers | Asked in Copyright and Intellectual Property for Arizona on
Q: Can I use pictures (that I took) of artworks in galleries or museums on my blog?

I am starting an art opinion blog, writing about museums, galleries, and exhibitions. I take my own photos of the artwork in these spaces when allowed. I would like to post these pictures on my blog to add detail but am worried about the legality of posting pictures of someone else's... Read more »

Timothy John Billick
Timothy John Billick answered on Oct 20, 2020

This will most likely fall within the exception of "fair use" in copyright law, but be sure to check to see if some of sculptures are also subject to a trademark registration (see, e.g., Space Needle, Golden Gate Bridge).

Also check the Terms of Entry with every single museum to...
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1 Answer | Asked in Copyright for Arizona on
Q: Hello, I had a question about copyright?

I have a eyelash line and I want to change my packaging. The packaging would look like the skittles design, the rainbow and all that but the name on on the package would say lashbites instead of skittles. Same for sourpatchkids, airheads, lifesavers. Every package will have that design but the... Read more »

Timothy John Billick
Timothy John Billick answered on Oct 4, 2020

This is most certainly not okay.

You are running the risk of infringing upon the trademark, trade dress, and copyright rights of all of these brands. Even if the name is different, if you utilize packaging "look and feel" and/or artwork from another, you will have a very high...
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1 Answer | Asked in Copyright for Arizona on
Q: Copyright Lawsuit - ESI

Four months prior to filing my lawsuit as a pro se litigant, I wrote a letter to the company I am now suing requesting preservation of ESI (in particular, security video). I also sent a second notice months after the filing of the case. Both letters were sent via certified mail. That security video... Read more »

Michael Gerity
Michael Gerity answered on Sep 24, 2020

Well, this isn't really a copyright question, but an evidentiary question. The failure to preserve or produce relevant evidence in a civil case can have consequences to the party who failed to preserve/produce. The legal concept is called spoliation. You should research that topic to... Read more »

1 Answer | Asked in Copyright for Arizona on
Q: We have been sent an email demanding a $2400 for a photo of a celebrity I used in 2015. How can I check they are legit?

This company don't have a website, is it a scam? They said they are new. They said I can make an offer, for the photo used in a blog, which seems odd???

Evelyn Suero
Evelyn Suero answered on Aug 6, 2020

It may help to request the contact information for their attorney so that you can give that information to your attorney to contact that attorney's law firm directly.

1 Answer | Asked in Copyright for Arizona on
Q: Hi I paid for a copyright through the U.S. Copyright Office website for my short film, a single application of $35.

I wrote/directed/produced/music/vfx edit/casting/ created my whole short film. They sent me a denial letter saying because I had actors in my short film, that I couldn't get my copy certificate through the single application, if I disagree with their terms, I can resubmit with a fee of $350. I... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 19, 2020

Did you really do it with the US copyright office?

or a third party that does the filing for you?

It is possible that you need releases from the people in the movie, as well as list what other copyrighted material you may be using.

$350 sounds a reasonable price, it will...
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1 Answer | Asked in Copyright and Business Law for Arizona on
Q: Can I find out if a photo online is owned by someone else?

I'm about to purchase a few images and logos for my small start up business online and the seller is a freelancer from overseas I want to make sure the photos or images are not stolen or I think the term is copyrighted by anyone else before I use them online for my business is there a way to do this

Tania Maria Williams
Tania Maria Williams answered on Feb 27, 2020

If you can save a JPEG of the photo, you can drop it into the Google images search bar and see if there are other images out there like it. Unfortunately, searching the Copyright Office's website is not as user-friendly as the USPTO's website. I can assist you in doing a comprehensive... Read more »

1 Answer | Asked in Copyright for Arizona on
Q: Copyright question: Can I sell a file with summaries of popular parenting books and potential applications?

I have a blog. I'd like to compile a resource with the jists of popular books in my niche, their main points, my experience with applying what they teach, and highlight practical ways to apply it (more or less). I'd like to sell these as downloadable pdfs. I'd imagine I may run into... Read more »

Robyn T. Williams
Robyn T. Williams answered on Feb 12, 2020

Hello,

If you intend to do synopses (of sorts) accompanied by your opinions based on your experiences, it is not likely that you will face copyright issues. Your papers should not contain materials such as charts, graphs, graphics, etc. found in the works on which you are opining....
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1 Answer | Asked in Copyright and Internet Law for Arizona on
Q: Is it possible for the defendant to request an extension on their response to the summons?
Tim Akpinar
Tim Akpinar answered on Nov 9, 2019

Yes, this happens routinely in the course of litigation. Good luck

Tim Akpinar

1 Answer | Asked in Contracts, Copyright and Entertainment / Sports for Arizona on
Q: This question is about how songs are registered

In music, if the agreement is non exclusive where they get the publishing and you retain your writers (for music licensing), how will companies/Ascap etc know when YOU got something placed as opposed to the company you sign this type of deal with? So you get your writers and publishers share when... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Oct 25, 2019

Your question is confusing.

The collection of royalties can be accomplished in several ways. Directly negotiating and collecting with every organization, or using some of the agencies that exist that license and charge for your music, lyrics, etc directly. They then distribute the money....
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1 Answer | Asked in Copyright and Intellectual Property for Arizona on
Q: What is the current status of: LOVE'S Owned by: Love's Bakery, Inc. Serial Number: 87316
Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 11, 2019

It is suspended.

There are two more applications using similar name for similar application. This application will be processed once the two in front of it are disposed of.

If you need any specific help make an appointment for an in depth consultation.

1 Answer | Asked in Copyright and Trademark for Arizona on
Q: I have designed a few t-shirt designs with specific words on them in addition to the design. will a copywrite protect?

I want to incorporate the names of the local universities mascots into my designs. I have already contacted the 4 major Az universities and they are interested but they suggested I contact companies that already have their permission/ license to print to save me money because of the Universities... Read more »

T. J. Jesky
T. J. Jesky answered on Sep 23, 2018

Copyright protects original works of authorship, whereas a trademark protects words, phrases, symbols, or designs identifying the source of the goods or services of one party and distinguishing them from those of others.

If you haven't done so, you should register your copyright with...
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2 Answers | Asked in Copyright and Business Formation for Arizona on
Q: Can I use use the brand name "The Vape Collection" if it's taken for a completely different field or industry?
John Espinosa
John Espinosa answered on May 20, 2018

Trademarks protect brands, not copyrights. A trademark protects the use of the brand in the particular industries, or classes, listed on the trademark registration. Here is a resource: https://www.nolo.com/legal-encyclopedia/trademark-classes.html

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2 Answers | Asked in Copyright for Arizona on
Q: Can past client ask to remove pictures we took of their backyard with only the furniture in it?

We made custom furniture for a client, named collection after her, took pictures of final product in their backyard. Year later customer asking to remove those pictures from our web site and social media accounts, as she says it invades her privacy. The client's last name or location of the... Read more »

John Espinosa
John Espinosa answered on May 9, 2018

Maybe. Read this helpful resource on the subject: https://www.copyright.gov/circs/circ30.pdf

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1 Answer | Asked in Copyright and Trademark for Arizona on
Q: Can I use 'Bea Honeywell' as a stage name when there's a company called 'Honeywell'?

It's a burlesque performer name.

Michael Gerity
Michael Gerity answered on Apr 4, 2018

A trademark provides protection for a name, logo, slogan, etc., as it is used in conjunction with the sale of particular products and/or services. It is quite possible to have multiple trademarks that are the same or similar coexisting in the market, as long as there is no reasonable likelihood of... Read more »

1 Answer | Asked in Copyright for Arizona on
Q: Copyright question: can I copyright a clever word combination to apply on mugs, caps, sweatshirts, etc.?

It would not be a product line, but simply applied to existing products that I would buy at wholesale, then resell at retail. The appeal would be in the applique, more than on the vehicle that carries it.

Michael Gerity
Michael Gerity answered on Apr 1, 2018

What you are describing is best protected with trademark, not copyright. You are describing selling products with a particular name/phrase/slogan attached to them, which is precisely what trademarks protect. The fact that you buy the products from a vendor doesn't change it because, as you... Read more »

1 Answer | Asked in Copyright and Real Estate Law for Arizona on
Q: A client cancel his listing. He accessed my files and gave another realtor access as well and download videos

and pictures without my permission that I have paid over $1200 to get done. What recourse do I have, with both my past client and this other real estate agent?

Peter H. Westby
Peter H. Westby answered on Jan 23, 2018

You have the right to enforce all of the terms of your listing agreement with your former client and can demand payment for the resources you provided, the photos, that are now being used by your former client and the new realtor. You can also speak with your broker concerning the conduct of the... Read more »

1 Answer | Asked in Copyright and Intellectual Property for Arizona on
Q: if i register my story for a copyright, do I need to wait for a certificate before I print out books?

Literary copyright question. Legally protected or not before revive certification?

Peter D. Mlynek
Peter D. Mlynek answered on Jan 21, 2018

No, you don't need to wait.

As a matter of fact, you no longer have to register it in order to be protected. You have a copyright from the moment that you create your work in a fixed medium. You may want to register your work nonetheless because you need to have it registered if you...
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1 Answer | Asked in Copyright for Arizona on
Q: Do artists have any copyright to product that was created working at an hourly rate for said employer?

My artwork done for a non-profit company will be used in a school curriculum. This is beyond the original use intended for this artwork.

Will Blackton
Will Blackton answered on Dec 14, 2017

Were you an employee? If not, what does your written agreement with the company state?

Any copyrightable work created by an employee acting within the scope of his or her employment is a “work made for hire.” The parties do not need to address works made for hire in their employment...
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1 Answer | Asked in Copyright and Intellectual Property for Arizona on
Q: What kind of licensing do I need to use a song on a podcast if the artist has given permission and owns the rights?

I have a podcast for children and got permission from a musician to use one of his songs on one specific episode. The podcast episode is offered for free and I will give appropriate credit to him on the episode. It sounds like he owns the rights to his own music. He thought I would need a... Read more »

Barbara Berschler
Barbara Berschler answered on Sep 5, 2017

It sounds like you should ask for a written license/permission to use the work which states that the song writer does in fact own all of the rights and he is granting you x times to use the work under certain circumstances. You should consider all of the ways you might use the work going forward,... Read more »

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Arizona on
Q: Custom watchmaker question: can a unique dial design, and ensuing way to read time be trademarked and owned?

I am a custom watchmaker who creates dials and watches. I have designed an absolutely unique way to track and read the time of day on a watch dial. This design could be used in clocks also. Here is my question: Can this unique dial configuration be trademarked or maybe copyrighted so that others... Read more »

Benton R Patterson III
Benton R Patterson III answered on Aug 4, 2017

To fully answer your question I would need to know more about the function of the dial configuration. The design may be protected by copyright law if it is not functional. However, the scope of copyright protection may be narrow, leaving room for others to design around your dial. From your... Read more »

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