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California Copyright Questions & Answers
1 Answer | Asked in Copyright for California on
Q: I want to write a small book using the stage names & likeness of famous rappers, what should I know?

I want to write a small book that would use rappers stage names, unique lyrics and likeness. At a high-level, what sort of of legal things should I know before writing this and what do you think the best next step is for me to navigate this?

James R. Dickinson
James R. Dickinson
answered on Sep 20, 2022

You need to be careful. Hire an attorney in your area to assist you. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Copyright and Internet Law for California on
Q: Have a copyright infringement question? can u help?

received a threatening letter to cease and desist for sharing a photo on facebook... it was a photo of a some mountains...nothing x-rated or of a person.....

I immediately deleted the photo...but received 2nd letter threatening and asking for money or else will go to court......what shall we do?

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Sep 17, 2022

Likely a scam. Hard for them to get any money from you if they cannot prove much in the way of damages. Feel free to contact me for some assistance if you still need help.

Q: WHAT IF I SOMEONE HAS STOLEN MY SCHOOL PROJECTS FROM "96-09" AND HAS FILED AND OBTAINED PATENTS ACCORDINGLY?

ITS PRETTY DEEP. FROM BLUETOOTH TECH, AUDIO CONVERSIONS, AND BLOCKHAIN IN RELATIONSHIP TO DNA.

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Sep 8, 2022

You still have copyright protection. You may not have patent protection depending on more factual circumstances of your case.

2 Answers | Asked in Bankruptcy, Consumer Law, Contracts and Copyright for California on
Q: hey I have this assignment for a criminal law philosophy class I'm taking, I need help brainstorming

I can think of a few laws that fall under this idea, but none that are intriguing enough to write a paper about. Any ideas of a law that we regularly abide by even though it doesn't directly align with personal values?

"We have respect for the law, as an institution, even though... Read more »

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Sep 2, 2022

Not sure this meets your "regularly abide by" criterion, but, I practiced in Oklahoma City for 15 years, and there was a criminal law on the books sanctioning the "Abominable Crime Against Nature" (originally passed, it is surmised, to outlaw anything that gay people might do... Read more »

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3 Answers | Asked in Contracts, Copyright and Intellectual Property for California on
Q: I am a digital artist. Legally, am i allowed to use 'U.S. Army' on the art i am making, and intend to sell?

https://trademarks.justia.com/779/16/u-s-77916097.html

- The term U.S. Army will be used on a characters uniform i have drawn. - if i sell the art with that phrase on it, are there any legal implications?

- I need real, concrete answers

Theodore Allan Greene
Theodore Allan Greene
answered on Jun 29, 2022

You appear to have done some of your own research based on the link you attached. To be absolutely certain you should contact them directly and/or sit down with an attorney who specializes in such matters. The second option probably the best since you could take a LONG time trying to get a... Read more »

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1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: Will my website idea violate any copyright and/or trademark restrictions?

I'd like to build a website where I create CAD models of various products and allow users to visually configure them together to see how it would look, and display stats based on their configuration. An example of this would be showing what one brand of rim would look like on another... Read more »

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jun 27, 2022

The depiction of branded products as you describe, for illustrative and informational purposes, does not infringe the trademarks and is called "nominative fair use" just as it is for reviews and commentary, so long as you are not selling those products. Linking to the trademark... Read more »

2 Answers | Asked in Civil Litigation, Copyright, Insurance Bad Faith and Personal Injury for California on
Q: What if I haven't got my mail an important documents that I never received and effected my life
Dale S. Gribow
Dale S. Gribow
answered on Apr 27, 2022

MUCH MORE INFO NEEDED.

DID THE POST OFFICE SCREW UP OR SENDER?

DID THE DOCUMENTS GET MIXED UP INSIDE OTHER MAIL YOU WERE THROWING OUT.

I JUST WENT THROUGH THIS TOO.

I WOULD GO TO THE POST OFFICE TO HAVE THEM LOOK INTO IT.

WE SENT OUT INVITATIONS TO AN EVENT,...
Read more »

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1 Answer | Asked in Contracts, Copyright and Arbitration / Mediation Law for California on
Q: Is there a statute of limitations for Arbitrations in California

My issue issue is primarily a breach of contract dispute that touches on the issue of film copyrights. The contract requires binding arbitration.

David H. Relkin
David H. Relkin
answered on Apr 12, 2022

The statute of limitations to bring a contract claim is the same as in New York, namely, four years. However, most contracts that provide for arbitration shorten such periods. In New York, the arbitrator rules on the statute of limitations but when interstate commerce is involved, the Courts may... Read more »

1 Answer | Asked in Copyright for California on
Q: If someone sends me a picture, do I have the right to sell it or is it still owned by the person who shot it/sent it?
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Mar 15, 2022

The photographer owns the copyright in the photo she takes, absent any agreement to the contrary or unless he/she is employed to take it, in which case the employer owns the copyright as a "work for hire."

If the photographer shares a copy of the photo, that does not convey any...
Read more »

1 Answer | Asked in Contracts, Copyright, Employment Law and Intellectual Property for California on
Q: Can I show designs I created under an NDA to another group within the same company?

As an engineering intern for a company, I designed things that cannot be shown to the public. After completing my internship, I kept my final presentation for my personal records -- I've never shown it to anyone outside the company and don't plan on doing so. Now, I am interviewing at the... Read more »

Neil Pedersen
Neil Pedersen
answered on Mar 8, 2022

First, this question is showing up on a California part of the site, but the information about you suggests you are in Indiana. Unless licensed in Indiana, a California attorney cannot ethically answer your question. If you are in Indiana you will need to direct this to attorneys in your state.... Read more »

1 Answer | Asked in Contracts, Copyright and Admiralty / Maritime for California on
Q: I need information about adverse possession please give me a call the phone number
Tim Akpinar
Tim Akpinar
answered on Feb 19, 2022

Your post covers Admiralty/Maritime together with Adverse Possession. Unless you're talking about seizure/arrest of a ship or boat, it's possible this could be closer to a real estate matter than a maritime law matter. If this involves real property (in the form of land, not vessels), you... Read more »

1 Answer | Asked in Contracts, Copyright, Employment Law and Real Estate Law for California on
Q: Can an amicus curiae brief be filed in US District Court that is a regular case, NOT an appeal case?

i.e. are friend of the court briefs ONLY for appeals? A lot of references out there are for amicus curiae for appeals in State and Fed Court. Can such a brief be filed for a case that is NOT on/an appeal?

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Feb 9, 2022

Friend of the court (amicus curiae) briefs are filed only in appeals, for non-parties to weigh in on what could be precedential legal issues. In lower courts, both state and federal, non-parties may not file papers but someone with substantial interest in the case might appear as an... Read more »

1 Answer | Asked in Copyright and Business Law for California on
Q: Can I sell Generic Dressing Wristbands, like "Ketchup" even if there is a Silicone Culinary id bands registered w/ USPTO

USPTO has a registered Mark for a similar product. But mine is a "Wristband" with Generic Dressing and or Spices words on them depending on what the buyer wants. Is there anything wrong here? Just making sure everything runs smoothly with this idea.??

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jan 29, 2022

The trademark registration to which you refer is for a design mark (an incomplete circle containing the wording "CULINARY ID BANDS" superimposed on a seasoning dredge, a squeeze bottle, and a juice bottle) used on silicone rubber identification bands for culinary use. The mark identifies... Read more »

1 Answer | Asked in Copyright for California on
Q: Do I have to pay for a Cease and Desist?

I received a Cease and Desist from a German company called Zielinski Legal, that works with a company called PhotoClaim, for using a photographers image on a blog post of mine in 2015. They are requesting I take the photo down AND reimbursement for copyright infringement and damages.... Read more »

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jan 22, 2022

If you have liability it would be under US law.

It would be prudent to remove the image, now that you are on notice of a copyright infringement claim. Whether or not you have liability for damages, and how much could be claimed, are determinations that should be made by an experienced...
Read more »

1 Answer | Asked in Copyright for California on
Q: Can you sell a photo taken inside a private property, specifically a parking building? Without property release?

I have taken a photo of a parking entrance. There are no people or logos included. Can I sell this photo and don't need any property release?

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jan 11, 2022

No permissions are required to photograph the exterior of a building from a publicly accessible spot. The photographer owns the copyright in the photo, and may reproduce, distribute, sell or license it. The photographer should include a copyright notice ("© 2022 John Smith") on copies to... Read more »

1 Answer | Asked in Copyright and Trademark for California on
Q: Can I take a picture of a wrestling belt & use it as a template to create my own picture & use it on a shirt to sell?

I purchased a replica wrestling belt, and I was wanting to take a high resolution picture, upload it to my PC, and digitally through an art program to make an altered and custom version of the belt, and use that new image on a shirt to sell. I was wondering if that was something I can get in... Read more »

John Martin Hilla
John Martin Hilla
answered on Jan 9, 2022

It is possible that you would be infringing on the trademark of the issuer of the belt (World Wrestling Federation, etc.). it is also possible that you would be infringing on the copyright of the designer of the original belt.

It is best to consult with an intellectual property attorney to...
Read more »

1 Answer | Asked in Copyright and Appeals / Appellate Law for California on
Q: Our account got terminated by YouTube

Hello, we got a false accusation by YouTube that we submitted abusive legal requests and terminated our account. Tried to reach them but they never response or take any action. Seeking a resolution for legal advise!

Joshua J. Schroeder
Joshua J. Schroeder
answered on Jan 7, 2022

Greetings! Here I will discuss only general information regarding the topic you mentioned here. Nothing I express below creates a lawyer/client relationship. I encourage anyone experiencing a de-platforming issue to schedule a consultation with a lawyer that knows this practice area to get the... Read more »

1 Answer | Asked in Copyright and Intellectual Property for California on
Q: If a book has entered public domain, do the original publishers still retain copyright on their first book production?

Or can an exact copy of the first book (same cover, design, formatting etc) be made and used commercially?

Thomas James
Thomas James
answered on Dec 27, 2021

No element that is in the public domain is protected by copyright. Be aware, however, that the copyrights in different elements might have different owners and different durations.

1 Answer | Asked in Copyright and Trademark for California on
Q: Does Got Juice have a trademark?

Will I be able to sell my clothing line all though we're selling different goods with the same name?

Marcos Garciaacosta
Marcos Garciaacosta
answered on Dec 27, 2021

You need to hire an attorney to do searches and evaluate your risk.

1 Answer | Asked in Copyright and Trademark for California on
Q: how can i purchase a status 606-abandoned -no statement of use filed ...serial number 88035552
Marcos Garciaacosta
Marcos Garciaacosta
answered on Dec 27, 2021

Maybe

You can file for a trademark, but getting it is a different thing.

You may not be entitled to use the mark as widely as you think.

Consults with an attorney.

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