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California Copyright Questions & Answers
1 Answer | Asked in Copyright and Intellectual Property for California on
Q: Can I publish CA court transcripts as a book on Amazon if they were published by courttv? or do i need to buy them?

i'm not sure the court even has them to purchase anymore since it's an old trial. the transcrips being on courttv means they are copyrighted?

James L. Arrasmith
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answered on Nov 22, 2023

Publishing California court transcripts as a book, particularly when they have been broadcast by Court TV, involves several legal considerations. Firstly, court transcripts generally fall into the public domain, especially if they are official records from a public trial. However, this does not... View More

1 Answer | Asked in Intellectual Property, Copyright and Trademark for California on
Q: I have a question about copyrights and trademarks for intellectual properties.........

I have created a gpt in ai to produce images of Formula 1 race teams and various formula 1 race locations such as Las Vegas or Monte Carlo. Each image is 100% unique. These images appear to be the actual race car and location, though they are not exact matches.......... but they are close. I would... View More

James L. Arrasmith
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answered on Nov 20, 2023

Hi Wes,

Creating and selling images that closely resemble Formula 1 race teams and locations, even if they are unique and generated by an AI, can still raise copyright and trademark concerns. Copyright laws protect original works of authorship, including images, and trademarks protect brand...
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1 Answer | Asked in Copyright, Criminal Law, Personal Injury and Sexual Harassment for California on
Q: I live in Los Angeles and an ex romantic partner posted an intimate video of me without consent (Poland). What do I do?

He's also stalking me, taunting me by showing all of the personal information he has about me, which I did not give. He calls me various slurs, tells me that I would be better off dead, etc. Would California extradite someone from Poland for this or do I have to pursue justice in Poland?... View More

James L. Arrasmith
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answered on Nov 20, 2023

Your situation is complex and distressing, involving issues of non-consensual sharing of intimate images, stalking, and harassment. In California, the distribution of such images without consent is illegal, and you have legal rights that can be enforced.

Regarding the video posted without...
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1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: I'm writing a drinking game booklet and using the title of a show for the title of a game is that copyright infringement

It is a booklet of of preset drinking games of tv shows, movies or movie/tv show genres and I was wondering if I use a tv show for the title of one of the games is it copyright infringement? For example I have a Flavor of Love show drinking game. Can I use that title?

James L. Arrasmith
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answered on Oct 31, 2023

Using the title of a TV show or movie in the title of a drinking game may potentially expose you to legal risk. Titles themselves aren't generally copyrighted, but they might be trademarked, especially if they're part of a well-known series or franchise. If a title is trademarked, using... View More

1 Answer | Asked in Copyright and Intellectual Property for California on
Q: Can I share videos online of a fan game I'm working on that I'll never distribute?

I'm making a fan game based on copyrighted material. It's mainly for personal use so I can learn how to code, I will never distribute it so other people will never be able to play it. However, I wanted to know if there was a way for me to share gameplay videos of my fan game online that... View More

James L. Arrasmith
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answered on Oct 24, 2023

While you may not be distributing the game itself, sharing gameplay videos online could still expose you to legal risks. In California, as elsewhere in the U.S., copyright law grants exclusive rights to copyright holders. This includes the right to create derivative works based on the original... View More

2 Answers | Asked in Trademark, Intellectual Property and Copyright for California on
Q: Is it okay to use another company's trademark in my domain, if I'm discussing their product in my forum?

I'm thinking of making a Bionicle discussion forum at the domain bionicleforum.com. I'm concerned that could open me up to a lawsuit from Lego who owns the Bionicle trademark. I'd like to know what you think.

Robert P. Cogan
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answered on Oct 19, 2023

I have no knowledge of whether Lego would sue. It is possible that they could feel that you are creating a false association of the discussion form with Lego. They might also feel that you are creating a likelihood of confusion as to the source of the forum and could argue that this is a classic... View More

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2 Answers | Asked in Trademark, Intellectual Property and Copyright for California on
Q: Is it okay to use another company's trademark in my domain, if I'm discussing their product in my forum?

I'm thinking of making a Bionicle discussion forum at the domain bionicleforum.com. I'm concerned that could open me up to a lawsuit from Lego who owns the Bionicle trademark. I'd like to know what you think.

James L. Arrasmith
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answered on Oct 20, 2023

In California, as in other jurisdictions, using another company's trademark in a domain name can be considered trademark infringement, especially if it causes confusion or suggests an affiliation with the trademark owner that doesn't exist. Even if you're only discussing the product,... View More

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1 Answer | Asked in Copyright and Intellectual Property for California on
Q: Do I need permission from a gym website to post their schedule on my app?
James L. Arrasmith
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answered on Oct 16, 2023

Posting copyrighted content without permission can constitute copyright infringement. Many gym schedules, although seemingly simple, may be considered original works protected by copyright law. If the gym's schedule contains unique content, descriptions, or any other original material, it may... View More

2 Answers | Asked in Gov & Administrative Law, Municipal Law, Copyright and Civil Litigation for California on
Q: I am forwarding this note from my 96 year old Father :

I am looking for justice against T.S., who caused $87,500 worth of damages to the Hungarian Freedom Fighters Memorial located in MacArthur Park in Los Angeles. I designed and built the Memorial Monument and hold the copyright number VAu 1-488-782.

Mr. Szeles is the Hungarian Consul General... View More

James L. Arrasmith
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answered on Oct 10, 2023

In California, if you believe that damage has been done to your property, you have the right to seek compensation through the civil courts. If Mr. Szeles caused damages to the Hungarian Freedom Fighters Memorial and you hold the copyright, you may have grounds for a lawsuit.

Based on the...
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2 Answers | Asked in Intellectual Property and Copyright for California on
Q: Am I covered by the pastiche law if I include photos of out-of-print book covers in my short, independent film?

The short film shows the books in a loving, nostalgic light. I am submitting it to film festivals, online literary magazines, and contests for short films using Imovie.

T. Augustus Claus
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answered on Oct 9, 2023

In California, the concept you're referring to is not "pastiche law" but rather the doctrine of "fair use." Fair use allows limited use of copyrighted material without permission from the copyright holder for purposes such as criticism, commentary, news reporting,... View More

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2 Answers | Asked in Intellectual Property and Copyright for California on
Q: Am I covered by the pastiche law if I include photos of out-of-print book covers in my short, independent film?

The short film shows the books in a loving, nostalgic light. I am submitting it to film festivals, online literary magazines, and contests for short films using Imovie.

James L. Arrasmith
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answered on Oct 9, 2023

The use of copyrighted images, like book covers, can pose copyright infringement concerns. However, the doctrine of "fair use" under U.S. copyright law might offer protection if your use is transformative, non-commercial, or constitutes commentary or criticism.

Showcasing books...
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3 Answers | Asked in Copyright, Entertainment / Sports and Intellectual Property for California on
Q: Can I legally create an app for watching movies and shows together from various streaming platforms?

This app allows you to log in using profiles from various streaming services like Netflix, Max, Disney+, and more. It enables you to watch movies and TV shows with friends and family, not through screen sharing, but together in a shared viewing experience.

The app will store copies of all... View More

Julie C Hancock
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answered on Sep 21, 2023

The app storing copies of all available movies and shows on your server is going to be an issue - this amounts to unlawful copying and performing of a copyrighted work without permission. You should consult a copyright attorney to better understand your legal options.

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3 Answers | Asked in Copyright, Entertainment / Sports and Intellectual Property for California on
Q: Can I legally create an app for watching movies and shows together from various streaming platforms?

This app allows you to log in using profiles from various streaming services like Netflix, Max, Disney+, and more. It enables you to watch movies and TV shows with friends and family, not through screen sharing, but together in a shared viewing experience.

The app will store copies of all... View More

James L. Arrasmith
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answered on Sep 21, 2023

Creating an app that stores and streams copyrighted content from various platforms without proper authorization may infringe on copyright and licensing agreements, potentially leading to legal issues. It is essential to consult with legal counsel and obtain necessary permissions or licenses from... View More

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3 Answers | Asked in Copyright, Entertainment / Sports and Intellectual Property for California on
Q: Can I legally create an app for watching movies and shows together from various streaming platforms?

This app allows you to log in using profiles from various streaming services like Netflix, Max, Disney+, and more. It enables you to watch movies and TV shows with friends and family, not through screen sharing, but together in a shared viewing experience.

The app will store copies of all... View More

Robert P. Cogan
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answered on Oct 19, 2023

It would be wise to tread carefully. Many actions that raise issues of potential copyright infringement risk raising the ire of individual companies. With regard to movies or other forms of entertainment, the stakes are higher. There is not only the risk of getting sued by an individual company,... View More

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1 Answer | Asked in Copyright for California on
Q: Can you show an exhibit (video) on the hearing of motion to dismiss?

I have a video that i would like to show that would support my claim

James L. Arrasmith
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answered on Sep 19, 2023

In California, it is indeed possible to use a video as an exhibit in a hearing on a motion to dismiss, provided it is pertinent to the issues at hand. However, you would generally need to ensure that the video is authenticated properly, meaning that it accurately represents the events in question,... View More

1 Answer | Asked in Gaming, Trademark, Copyright and Intellectual Property for California on
Q: Is it infringement or illegal to remake or share a form of copyrighted art even if it's without any form compensation?

Specifically, if one were to create a character from mainstream media from scratch, that already exists and share it with others without receiving any form of compensation, is that illegal? One side tells me it's non-profit so it's okay. I read elsewhere that it falls under infringement.

James L. Arrasmith
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answered on Sep 19, 2023

Creating and sharing a character from mainstream media, even without compensation, can still potentially constitute copyright infringement. Copyright law grants creators exclusive rights to their work, including the right to create derivative works. While non-profit status may be a consideration,... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: What is the legality of recreating a brands packaging?

If someone were to legitimately own x amount of items sold by a brand, is it illegal or risky to remake their packaging(not the item just the box)? Suppose the items purchased from a distributor of the brand came unboxed and loose, and someone wanted to have them boxed but couldn't find a... View More

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answered on Sep 19, 2023

Recreating a brand's packaging, even for the purpose of housing genuine products, can potentially raise intellectual property and trademark issues. Using packaging that closely mimics a brand's design may lead to claims of trademark infringement or unfair competition, especially if... View More

2 Answers | Asked in Copyright and Intellectual Property for California on
Q: Are the exhibits part of the complaint?

I filed a complaint, added 33 exhibits. The defendant is filing a motion to dismiss for prolix evidentiary averments. My complaint is 10 pages and rest are exhibits for the jury to see and examine (about 140 pages of exhibits). Shall I lessen my exhibits?

Fritz-Howard Raymond Clapp
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answered on Sep 16, 2023

The accusation of "prolix evidentiary averments" is quite unusual and at most could result in the court's requiring the complaint to be amended, not dismissed. But if the complaint itself is not padded with excess evidentiary matter, and the over-abundance is in the exhibits, it is... View More

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2 Answers | Asked in Copyright and Intellectual Property for California on
Q: Are the exhibits part of the complaint?

I filed a complaint, added 33 exhibits. The defendant is filing a motion to dismiss for prolix evidentiary averments. My complaint is 10 pages and rest are exhibits for the jury to see and examine (about 140 pages of exhibits). Shall I lessen my exhibits?

James L. Arrasmith
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answered on Sep 19, 2023

In both federal and California state courts, exhibits can be part of the complaint to help illustrate or support the allegations contained within it. However, it is not customary to attach a large number of exhibits to a complaint; usually, the essential facts are pled in the complaint itself, and... View More

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1 Answer | Asked in Intellectual Property and Copyright for California on
Q: Song studio stole my messages, public instagram & other things. I sued them for copyright infringment.

They removed the case to the federal court. I understand I have to register public instagram pictures to sue for copyright infringement, but how can I protect my personal messages on facebook before I sue them for that.

P.s. They used my messages and other data available online and in... View More

James L. Arrasmith
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answered on Sep 13, 2023

I'm sorry to hear that you are experiencing this. While you do not need to register your personal messages with the U.S. Copyright Office before suing for copyright infringement, registering can offer additional legal benefits and protections. To better safeguard your rights regarding your... View More

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