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Arizona Copyright Questions & Answers
1 Answer | Asked in Copyright and Intellectual Property for Arizona on
Q: Am i allowed to sell physical copies of my own comics that has other peoples characters as cameos

If i made a comic with other people's characters as cameos with their permission, are they able to stop me from selling physical copies of them online because i used their intelectual property

James L. Arrasmith
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answered on Aug 29, 2023

If you have obtained explicit permission from the owners of the intellectual property to use their characters in your comic, then you generally have the legal right to sell physical copies of the comic. However, the scope of your rights would be determined by the terms of the agreement or license... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Arizona on
Q: Commercial Educational book Infringement

Hello, I wrote an educational book a few years ago and have cited all the material. I did not get permission to use any resources that I found online, as well as images used. However, the work has a cited page and all in-text citations (including the diagrams from Google). I would like to know if... View More

James L. Arrasmith
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answered on Jul 10, 2023

When using copyrighted material in your educational book, it is important to seek permission from the copyright owner, even if you provide proper citations. Simply citing the sources and stating "No infringement intended" does not guarantee protection from copyright infringement. This is... View More

3 Answers | Asked in Copyright and Intellectual Property for Arizona on
Q: I signed a promissory note, at the bottom of letter it says copyright 2019-2022. Is the note still valid since it’s 2023
James L. Arrasmith
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answered on May 2, 2023

Yes, the promissory note is still valid even though the copyright notice at the bottom of the letter only extends from 2019 to 2022. Copyright notices are not related to the validity or enforceability of a legal document like a promissory note. As long as the terms and conditions of the promissory... View More

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1 Answer | Asked in Copyright, International Law and Trademark for Arizona on
Q: I have a tshirt company that I’m going to launch the art in the tshirt is found on Pinterest although I had minor change

I had minor changes such as the eyes the post is reposted by some users in Pinterest . Will my art be copyrighted or can I claim the art as my own design .

Tim Akpinar
Tim Akpinar
answered on Jul 14, 2023

This is something that a copyright attorney could answer best, but your post remains open for three weeks. Product liability is more about injuries from dangerous products. You could repost and change the category to "Copyright." Some questions remain unanswered, but you might have better... View More

1 Answer | Asked in Identity Theft, Personal Injury, Bankruptcy and Copyright for Arizona on
Q: I am a victim of identity theft. Should I file for bankrupcy or go after those who have stolen, extorted, raped me

This is my problem. I am not able to get details.

Timothy Denison
Timothy Denison
answered on Jul 8, 2023

Prosecute the identity thieves.

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... View 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... View 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... View 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.... View 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... View 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... View 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... View 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... View 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... View 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,... View 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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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... View 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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