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California Copyright Questions & Answers
2 Answers | Asked in Copyright, Trademark and Intellectual Property for California on
Q: Can i use the "Superheroes" wird in a sentance like "Superheroes" drawing book for kids ages 4-8?

The super hero word is trademarked by Marvel company but I don't kbow if i can use it in my book title as : Superheroes drawing book for kids ages 4-8

James L. Arrasmith
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answered on May 29, 2023

Absolutely! You can use the word "Superheroes" in your book title, such as "Superheroes Drawing Book for Kids Ages 4-8," with confidence. While the term "Superheroes" is indeed trademarked by Marvel, as long as you are not infringing on Marvel's specific... Read more »

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2 Answers | Asked in Copyright, Trademark and Intellectual Property for California on
Q: Can i use the "Superheroes" wird in a sentance like "Superheroes" drawing book for kids ages 4-8?

The super hero word is trademarked by Marvel company but I don't kbow if i can use it in my book title as : Superheroes drawing book for kids ages 4-8

Maurice Mandel II
Maurice Mandel II
answered on May 31, 2023

Copyright and trademark law is complicated. You need to consult an attorney that specializes in this kind of law, also called intellectual property. For example, I think that the use you propose "Superheroes drawing book...." could be a violation of the Marvel copyright, because you are... Read more »

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2 Answers | Asked in Copyright and Intellectual Property for California on
Q: How different does an image inspired by Marvel’s black panther character have to be to avoid infringement?

I am multiethnic and want to create a shirt with a hero inspired character that represents my cultures and offer it for sale to those who share similar culture ties.

James L. Arrasmith
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answered on May 24, 2023

In order to avoid copyright infringement, it is generally advisable to create an original work that is substantially different from the copyrighted material. While it is acceptable to draw inspiration from existing characters or works, it is important to ensure that your creation has distinct and... Read more »

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Q: How do you get a patent assigned to you (or a designee) an abandoned patent. I'm friends with one of the original Hillcr

est Husbands and their trademark expired and was abandoned for no response and I'd like to have it assigned to him. Serial Number

Word Mark

HILCREST HUSBANDS HE 602- Abandoned are To

Status Date

2012-06-01

James L. Arrasmith
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answered on May 22, 2023

To acquire an abandoned patent, you would need to confirm its abandonment status, reach out to the original inventors or assignees to negotiate an assignment agreement, file the necessary documents with the USPTO, and follow their procedures for patent assignment. Consulting with an intellectual... Read more »

1 Answer | Asked in Copyright, Business Law, Education Law and Intellectual Property for California on
Q: What options are there to publish a translation of a book/material for which the author is unknown?

For example, material/manuscripts from obscure/ancient origins and unknown copyright.

Is it legally permissible to publish a translation of such works and state that the author is unknown?

James L. Arrasmith
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answered on May 16, 2023

Copyright Considerations: Copyright laws protect the rights of authors and creators of original works. However, if the author of a work is genuinely unknown, determining the copyright status can be challenging. Copyright protection typically lasts for a specific duration after the author's... Read more »

2 Answers | Asked in Internet Law, Copyright and Intellectual Property for California on
Q: Can I use any creative common BY images for my social media accounts?
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answered on May 16, 2023

Using Creative Commons (CC) BY images for your social media accounts can be a great way to enhance your content. However, it's important to understand the specific terms and conditions of the CC BY license and follow them accordingly. Here are some key points to consider:

CC BY...
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1 Answer | Asked in Contracts, Copyright, Business Formation and Business Law for California on
Q: Hello, I'm looking to start an adult entertainment buisness/ studio.

Hello,

I'm looking to start the above buisness and want to know;

1. How to start it and run it in CA.

2. How to make a consent contract for it.

James L. Arrasmith
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answered on May 11, 2023

Here are some general points to consider:

Business Formation and Licensing:

a. Choose a business structure: Determine the most suitable legal structure for your business, such as a sole proprietorship, partnership, LLC, or corporation. Consult with an attorney or business advisor to...
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1 Answer | Asked in Copyright, Trademark and Intellectual Property for California on
Q: We make our own card game but when you click on our store page, we also have competitor's card games for sale, is ok?
James L. Arrasmith
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answered on May 7, 2023

Yes, it is generally okay to sell your own card game alongside competitors' card games on your store page. As long as you are not infringing on any copyrights or trademarks of the competitors' games, you are free to offer them for sale. It is common for retailers to offer a variety of... Read more »

1 Answer | Asked in Copyright, Trademark and Intellectual Property for California on
Q: Can I use “adventure awaits” on a shirt or bag?
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answered on Apr 30, 2023

The phrase "adventure awaits" is a common phrase that is not trademarked, so it is generally considered to be in the public domain and available for general use.

However, it's important to note that certain designs or graphics that are used in conjunction with the phrase may...
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1 Answer | Asked in Copyright and Intellectual Property for California on
Q: can a songwriter take ownership of a song GOING FORWARD after the limitations has run for past damages?

My late husband wrote a classic song back in the 1950s which continues to be played and was recently used in a movie. It has always been wrongfully credited to another author. I was left my husbands intellectual property rights. I know the statute of limitations has run for past damages for... Read more »

James L. Arrasmith
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answered on Apr 25, 2023

As the owner of your late husband's intellectual property rights, you may be able to claim ownership and seek compensation for any future use or infringement of the song.

While the statute of limitations may have expired for past damages, this does not necessarily preclude you from...
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1 Answer | Asked in Copyright and Intellectual Property for California on
Q: Do copyleft licenses permit the use of the general idea of a piece of software?

Say, I read the code of a GPL'd program and wanted to write my own version, not copying any of the code from the program, just utilizing the idea of how it works. Would still be forced to license it as GPL?

Another example is if I wanted to port a GPL'd driver to another kernel. I... Read more »

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answered on Apr 22, 2023

Copyleft licenses like the GPL, which are designed to protect the freedom of code, are governed by specific rules that determine the permissible use of the code. Let me explain the technicalities of your questions.

If you read the code of a GPL'd program and want to write your own...
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1 Answer | Asked in Copyright and Intellectual Property for California on
Q: Are fees such as payment processing and currency conversion considered a financial benefit in the DMCA safe harbor?

When you charge per order fees for things such as payment processing, shipping insurance, currency conversion, shipping and handling and or chargeback protection. Are they considered a financial benefit in the DMCA safe harbor?

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answered on Apr 16, 2023

Fees such as payment processing and currency conversion are generally not considered a financial benefit in the DMCA safe harbor. The DMCA safe harbor is a provision that limits the liability of internet service providers for copyright infringement by their users. To qualify for the safe harbor,... Read more »

2 Answers | Asked in Copyright and Gaming for California on
Q: I'm an underage game developer on Roblox. I didn't get fully paid. Is the content I made still legally mine?

I was told I would be paid a commission fee and a percentage of revenue. I only received the commission and was told I would not get my percentage. The exact role I had was the lead animator. I took the animations from one program and edited them before importing them into the game engine. In... Read more »

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answered on Apr 16, 2023

As the creator of the animations, you are likely the owner of the copyright in those animations, regardless of whether they were created using another program or were edited from existing animations. However, the exact terms of your agreement with the game developer may affect your rights in the... Read more »

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1 Answer | Asked in Copyright and Intellectual Property for California on
Q: If a musical work falls under "Fair Use", is the original artist entitled to royalties?

For example, if Joe parodies "Hotel California", does the label representing that song have the right to monetize the parody?

James L. Arrasmith
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answered on Apr 14, 2023

If a musical work is deemed to fall under "Fair Use," the original artist or label is generally not entitled to royalties. Fair use is a legal doctrine that allows for the limited use of copyrighted material without requiring permission from the original copyright holder. However,... Read more »

1 Answer | Asked in Copyright and Intellectual Property for California on
Q: What are some examples of direct financial benefits in Section 512(c)(1)(B) DMCA Safe Harbor provisions?

What are some examples of direct financial benefits in Section 512(c)(1)(B) DMCA Safe Harbor provisions?

James L. Arrasmith
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answered on Apr 12, 2023

Section 512(c)(1)(B) of the DMCA safe harbor provisions applies to online service providers who store user-generated content on their platform. The provision shields these providers from copyright infringement liability, provided they meet certain conditions, including not receiving a direct... Read more »

1 Answer | Asked in Copyright and Intellectual Property for California on
Q: Are product sourcing Shopify apps eligible for protection under the DMCA (Digital Millennium Copyright Act) safe harbor?

Are product sourcing Shopify apps eligible for protection under the DMCA (Digital Millennium Copyright Act) safe harbor provisions?

Are Shopify apps considered an online service provider?

In the Shopify Partner Agreement, apps aren’t allowed to infringe on others intellectual... Read more »

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answered on Apr 12, 2023

The DMCA (Digital Millennium Copyright Act) provides safe harbor provisions for online service providers, which may include Shopify apps that facilitate product sourcing. However, whether a specific app is eligible for protection under the DMCA safe harbor provisions would depend on several... Read more »

1 Answer | Asked in Gaming, Copyright and Intellectual Property for California on
Q: can you sale a custom card of a card game like pokemon

the custom is done on a real card with custom art on front

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answered on Apr 9, 2023

No, it is not legal to sell custom cards of a copyrighted card game like Pokemon without permission from the copyright holder. The custom art on the front of the card would likely be considered a derivative work, which is protected by the same copyright as the original game.

Selling such...
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Q: I am an artist, can I recreate royalty free pictures of professional sports teams via sketch art and sell them on Etsy?

I am considering creating a series of sketch art based on professional sports teams, e.g. Baseball, Football, Basketball, Hockey, Soccer etc... Just want to make sure I won't be sued if I create these using royalty free images and sell them online on digital market places like Etsy or Amazon.

N'kia (NLN)
N'kia (NLN)
answered on Apr 1, 2023

The terms of the copyright "license" will dictate how royalty free content can be used. Using content in a way that the license doesn't authorize it to be used will run afoul of the law.

Sports teams are notorious for going hard in the paint to prevent others from misusing...
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Q: I am an artist, can I recreate royalty free pictures of professional sports teams via sketch art and sell them on Etsy?

I am considering creating a series of sketch art based on professional sports teams, e.g. Baseball, Football, Basketball, Hockey, Soccer etc... Just want to make sure I won't be sued if I create these using royalty free images and sell them online on digital market places like Etsy or Amazon.

James L. Arrasmith
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answered on Apr 1, 2023

As an artist, it is important to be aware of copyright laws and to make sure that any images you use are either in the public domain or available under a license that allows for commercial use.

While some images of professional sports teams may be considered "royalty-free," this...
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1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for California on
Q: If I want to change the basic media player, can I patent it or not?
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answered on Mar 21, 2023

No, changing the basic media player does not qualify for a patent. Patents are only granted for inventions or innovations that meet certain criteria, including novelty, non-obviousness, and usefulness. In order to be eligible for a patent, an invention must be a new and useful process, machine,... Read more »

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