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Arizona Copyright Questions & Answers
1 Answer | Asked in Copyright for Arizona on
Q: Is it copyright infringement if my site is designed so users can find the brands in the photos used? Like a search engin

I have created a search engine for users to find coaches, mentors and course creators.

Currently I find the course creator and then create a profile for them that becomes searchable on the site. The profile has a featured image and main image that are both used from that creators Facebook... Read more »

Erik Špila
Erik Špila
answered on Aug 20, 2022

Hello there dear Mrs or Mrs,

in this particular case I would say it can be potential copyright infringement and also some other rights infringement.

At first these unless these people grant you permission to be publicly visible on your website, you do not have proper consent to...
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1 Answer | Asked in Copyright and Business Law for Arizona on
Q: Are jokes copyrighted? LIke for example Dad jokes can you sell merchandise with a dad or any kind of jokes?
Erik Špila
Erik Špila
answered on Aug 20, 2022

Hello there!

The answer for your question depends on some other things, but in general I would say there are many public domain jokes which can be freely used and are freely used by many people, many products and so on (if the joke slogan is not trademarked for instance).

There is...
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1 Answer | Asked in Copyright for Arizona on
Q: Can I use other people's photos and slides freely in a movie?

I have an idea for a low budget film where an elderly character is reminiscing about his younger days while looking at some slides or pictures. To save from having to do recreations, I am finding suitable material on eBay. Slides and pics from the 50s-70s mainly. It seems these pics are being... Read more »

Erik Špila
Erik Špila
answered on Aug 20, 2022

Hello there,

it seems like there qre many question marks and many questions to be answered first before we can advice you accordingly and precisely.

So to summarize you do not know if these pictures are from who shot them.

According to my jurisdiction if you bought frame...
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1 Answer | Asked in Copyright and Intellectual Property for Arizona on
Q: Can I mention by name famous artists in a picture book I have written?

My book includes Monet, Van Gogh, O'Keefe, Caulder and Michelangelo. Am I allowed to use their names and likenesses of their works in my book?

Erik Špila
Erik Špila
answered on Aug 20, 2022

Yes, you are free to use their names and likenesses of their works. There is no copyright or other related infringment in such action. Actually many book authors across the world do it in their own works about these artists. I hope it answers your question.

1 Answer | Asked in Contracts and Copyright for Arizona on
Q: I did video work as an independent contractor for an agency, with no contract. Who owns the footage?

The agency and the agency's client whom the videos were used by had a falling out and both are claiming ownership of the videos I shot. I worked almost exclusively with the agency on production of various projects, and the agency paid all my invoices except one that was paid by the... Read more »

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Mar 3, 2022

Copyright in the work for hire is owned by the agency that paid you. It would be reasonable for you to acknowledge that in writing.

1 Answer | Asked in Copyright for Arizona on
Q: If I take a audio of a song, edit out the swearing, and upload it back to youtube WITHOUT monetization, is this okay?

There is a song which I very much enjoy, however, there is some swearing. Could I edit the swearing out and upload it back onto youtube without it being illegal so long as I am not having any sort of financial gain from it?

Marcos Garciaacosta
Marcos Garciaacosta
answered on Dec 13, 2021

No. Not unless you have permission from the owners.

2 Answers | Asked in Copyright, Intellectual Property and Trademark for Arizona on
Q: My competitor offers a similar service and uses a very similar domain name. Is this a trademark infringement?

For the past month I have been developing my SaaS product, and on the first day I purchased a domain name. Let's say that the domain is Service.ai.

I was doing competitor research the other day and I found that someone has launched a very similar service on their domain Servicing.ai.... Read more »

Thomas James
Thomas James
answered on Dec 15, 2021

In the U.S., trademarks arise through "use in commerce." "Commerce" means an actual commercial sale, lease or similar transaction involving a product or service. Reserving a domain name is important, but it isn't enough, by itself, to establish a trademark right. If the... Read more »

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1 Answer | Asked in Copyright and Trademark for Arizona on
Q: If I were to start a clothing brand named BRAINDEAD would I fit the criteria for a lawsuit?

If I did start the brand it would have my own original ideas and style. The only thing that would match would be the name BRAINDEAD, nothing else. Do you think I would still be applicable for a lawsuit?

Benjamin Charles Korray
Benjamin Charles Korray
answered on Dec 7, 2021

Before launching your brand you should conduct thorough trademark research. Trademark research will show you what companies are using that same name or a similar name. Based on such research, you can then make a good determination about whether you'd be exposing yourself to a lawsuit... Read more »

1 Answer | Asked in Copyright for Arizona on
Q: Can i legally paint a licensed cartoon character along with his signature phrase on a fence that the public can see?

The character is owned by Warner Bros.

Marcos Garciaacosta
Marcos Garciaacosta
answered on Sep 18, 2021

Very likely not.

Consult with an attorney.

1 Answer | Asked in Copyright and Gaming for Arizona on
Q: Can I make a fangame legally and distribute it if I don't use the original graphics, sound, or names of characters?

I want to create a fangame based off of the very popular Pokemon franchise from Nintendo, but don't want to be involved in copyright lawsuits. If I create a game with my own monsters which can be caught, battled, level up, and evolve in a world similar to a normal pokemon game, but uses my own... Read more »

Marcos Garciaacosta
Marcos Garciaacosta
answered on Aug 3, 2021

It is an interesting idea

Risky proposition

You must consult with an attorney

1 Answer | Asked in Copyright, Business Law, Intellectual Property and Internet Law for Arizona on
Q: Does a volunteer own the intellectual property they create for a company if no agreement is made saying otherwise?

In the US (specifically Arizona), if you create intellectual property (e.g. website, social media channels and 3rd party sales channels) as a volunteer (I was a volunteer in a business my husband was a co-owner in, I was not paid, wasn't asked to do create the IP nor directed in any way and... Read more »

Marcos Garciaacosta
Marcos Garciaacosta
answered on Jul 23, 2021

Depends on any communications or agreement.

Most likely any creation would be considered as a gift.

Depending on the value of the creation an attorney can advise you on what to do

1 Answer | Asked in Copyright for Arizona on
Q: Plaintiff restricted from deposing Defendant.

I am a pro se Plaintiff in a federal copyright case. The Judge is denying me the right to depose the Defendant (an entity) under Rule 30(b)(6). Is this allowable? How is it that I can be restricted from deposing the other party?

Marcos Garciaacosta
Marcos Garciaacosta
answered on Jun 8, 2021

Looks like you need to consult with an attorney.

Deposition is a procedural technique, and you need to follow some protocols, so check what the process is and make sure you are following it.

1 Answer | Asked in Contracts, Copyright, Business Law and Communications Law for Arizona on
Q: We do internet videos and a major american television show is asking us to sign a "Material License Agreement"

We are wondering what liability can come from this? We do not currently make money from the internet and are just making interesting videos. The contract says we grant non-exclusive license. We're fine giving it away for free but since we don't make money from this, we just want to make... Read more »

Tim Akpinar
Tim Akpinar
answered on Mar 8, 2021

An Arizona attorney could advise best, but your post remains open for four weeks. Because of its complexity and detail, this could be a difficult post for an attorney to respond to without knowing more information, and likely seeing the agreement you mention. If you continue not to get a response,... Read more »

1 Answer | Asked in Copyright for Arizona on
Q: Can I use the cowgirl photos of this game without copyright infringement
Steve Charles Vondran
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Steve Charles Vondran
answered on Jan 26, 2021

I am not exactly sure what your question is, but are you referring to using the Dallas Cowboy Cheerleaders for commercial products? If that is the question, I would be very careful, you can run into potential problems including with "right of publicity" claims from the individual... Read more »

2 Answers | Asked in Copyright, Intellectual Property and Trademark for Arizona on
Q: Can I print a similar design but with different wording and logo as the texas roadhouse logo without infringing trademak
Marcos Garciaacosta
Marcos Garciaacosta
answered on Dec 28, 2020

Depends on how similar it is.

You should consult with an attorney.

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2 Answers | Asked in Copyright and Gaming for Arizona on
Q: Am I able to use music from a game I am making a video review on in that video?

I am unfamiliar with copyright laws so I needed help with several questions regarding copyright and fair use. If I make a video review of a video game, am I allowed to use music from that game in the video for the purpose of review/critique? Is it fair use? If not, how can I contact these companies... Read more »

Marcos Garciaacosta
Marcos Garciaacosta
answered on Dec 27, 2020

The default is you should not use any content without permission.

Consult with an attorney for specific guidance on your risks of using any portions of other people's content.

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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.

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