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Georgia Copyright Questions & Answers
1 Answer | Asked in Copyright and Intellectual Property for Georgia on
Q: If someone false copyright strike you would that be against the law?

by someone i mean that if someone is pretending and claiming an art work is theirs, when it was proven false. that would be False copyright striking . If im correct, false copyright strikes are against the law?

James L. Arrasmith
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answered on May 10, 2024

Yes, you are correct. False copyright strikes, also known as fraudulent or abusive copyright claims, are against the law in many jurisdictions. This practice involves knowingly making false claims of copyright infringement against content that the claimant does not actually own or have the rights... View More

1 Answer | Asked in Copyright, Trademark and Intellectual Property for Georgia on
Q: Is the phrase, "Straight Outta" available for legal use?
James L. Arrasmith
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answered on Mar 15, 2024

The phrase "Straight Outta" is well-known and often associated with the music and entertainment industry, particularly with the hip-hop group N.W.A. and their album "Straight Outta Compton." If this phrase has been trademarked, its use could be restricted in certain contexts,... View More

1 Answer | Asked in Copyright, Trademark and Intellectual Property for Georgia on
Q: Can someone legally use the acronym 'MAGA' but change a few of the letters to mean something else?
James L. Arrasmith
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answered on Mar 15, 2024

When considering the use of acronyms, particularly one as widely recognized as 'MAGA', it's important to note the context and existing trademark laws. Trademarks protect brand names, slogans, and logos that distinguish goods and services. If 'MAGA' is trademarked for... View More

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Georgia on
Q: I have developed a math puzzle game. I want to copyright) patent it, or sell to game manufacturer or media house. Advise
James L. Arrasmith
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answered on Feb 21, 2024

To protect your math puzzle game, you have a few options. Copyright would protect the specific expression of your game, such as the artwork, design, and written instructions, but not the underlying idea or concept. Patenting your game could protect the idea or mechanics behind it, but this can be... View More

1 Answer | Asked in Copyright and Intellectual Property for Georgia on
Q: If I commission art and don’t like the hair and get someone to edit it, is it a violation of VARA?

A friend of mine had digital art made for their stream but the hair on the character was incorrect so she had it changed. The artist is claiming that it violates their rights under VARA

James L. Arrasmith
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answered on Feb 21, 2024

Under the Visual Artists Rights Act (VARA), artists have certain rights to integrity of their work, which includes the right to prevent alterations or modifications that could harm their reputation. However, VARA protections generally apply to physical works of art rather than digital creations.... View More

1 Answer | Asked in Copyright and Intellectual Property for Georgia on
Q: I'm researching a small business idea. How can I protect myself from copyright infringement liability?

My business idea is basicaly a service to make advertising more accessible to solo artists/makers.

I would write a Facebook post scheduling app. Then erect a website where solo artists/makers can purchase a campaign. A campaign would consist of a series of scheduled posts and possibly email... View More

James L. Arrasmith
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answered on Dec 10, 2023

To mitigate the risk of copyright infringement liability in your business, it's essential to implement clear policies and procedures. First, establish a terms of service agreement for your users, clearly stating that they must own or have the right to use all content they include in their... View More

2 Answers | Asked in Copyright, Trademark and Intellectual Property for Georgia on
Q: Can I buy Disney or licensed fabric and make a headband or scrunchie and sell it?
Fritz-Howard Raymond Clapp
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answered on Sep 11, 2023

The answer is YES. The "first sale doctrine", codified at 17 U.S.C. § 109, provides that an individual who knowingly purchases a copy of a copyrighted work from the copyright holder receives the right to sell, display or otherwise dispose of that particular copy, notwithstanding the... View More

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2 Answers | Asked in Copyright, Trademark and Intellectual Property for Georgia on
Q: Can I buy Disney or licensed fabric and make a headband or scrunchie and sell it?
James L. Arrasmith
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answered on Sep 14, 2023

Creating and selling items using Disney or licensed fabric may infringe on intellectual property rights, such as copyrights or trademarks, owned by Disney or the respective licensor. To avoid legal issues, it's generally advisable to seek permission or a license from the rights holder before... View More

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2 Answers | Asked in Copyright, Business Formation, Business Law, Trademark and Intellectual Property for Georgia on
Q: Would there be any trademark infringements to Skippy Peanut Butter for a dog treat bakery to be named Skippy's Snack?

Skippy's Snack Shack

James L. Arrasmith
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answered on Aug 15, 2023

Using a name like "Skippy's Snack Shack" for a dog treat bakery could potentially lead to trademark infringement issues with Skippy Peanut Butter if they believe there is a likelihood of confusion between their established brand and your bakery's name. To avoid legal issues,... View More

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2 Answers | Asked in Copyright, Business Formation, Business Law, Trademark and Intellectual Property for Georgia on
Q: Would there be any trademark infringements to Skippy Peanut Butter for a dog treat bakery to be named Skippy's Snack?

Skippy's Snack Shack

David Aldrich
David Aldrich
answered on Aug 8, 2023

If you are planning to use "Skippy's Snack Shack" as the name of a retail bakery shop, you would have a low risk with respect to the mark for Skippy peanut butter. However, if you used this name on the snacks themselves, you could potentially run into a problem. You should contact... View More

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1 Answer | Asked in Copyright and Intellectual Property for Georgia on
Q: Would fair use of a copyright apply to a blog that’s generating ad revenue but it also comments on the picture.?

By comment I mean analyzing a clothing piece?

James L. Arrasmith
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answered on Mar 29, 2023

Fair use is a legal doctrine that allows limited use of copyrighted material without obtaining permission from the rights holder for certain purposes such as criticism, commentary, news reporting, teaching, scholarship, or research. Whether or not the use of a copyrighted image in a blog would be... View More

1 Answer | Asked in Copyright and Intellectual Property for Georgia on
Q: Do I have a copyright infringement case? If so is any Georgia lawyers interested?

Case: Copyright Infringment

I have been working on a synopsis and pitch deck for a long time, approximately a year. I had experienced a true to life scary experierence and felt like producers would be interested in a true story for a horror movie. After talking to many people in the film... View More

James L. Arrasmith
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answered on Mar 29, 2023

Based on the information provided, it seems like there may be potential for a copyright infringement case if the podcaster used your work without your permission. To determine the strength of the case, a lawyer would need to review the specifics of your situation, such as the details of your... View More

2 Answers | Asked in Copyright and Intellectual Property for Georgia on
Q: Can I summarize news articles in completely my own words without quoting the source?

I want to provide my readers with a summary of the news. The summary would be completely in my own words, and unique titles too. Sometimes I weave several news articles into a single summary. Do I have to quote the source of the news? Am I fine legally?

James L. Arrasmith
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answered on Mar 29, 2023

It is generally acceptable to summarize news articles in your own words without quoting the source as long as you do not copy any unique phrases or sentences directly from the original article. However, it is good practice to provide a citation or link to the original article as a courtesy to your... View More

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1 Answer | Asked in Copyright and Intellectual Property for Georgia on
Q: Based on info from a book, I created a process that matches gemstones to a person's needs. Is this infringement?

The process is my original creation. I would like to acknowledge the author in my resources list so people can study his work. The author has died.

Erik Špila
Erik Špila
answered on Dec 12, 2022

In my opinion (dont take this as a final and comprehensive legal advice as I do not have all the details of your case), this would in most countries not considered as IP infringement. You have inspired yourself from the information covered in book however the process itself is your idea (your work)... View More

1 Answer | Asked in Contracts, Copyright and Admiralty / Maritime for Georgia on
Q: Hello what form do I need to present to an organization to take my strawman back after unknowingly entering in contract

I looked up a denial of rights of access form and was gonna just replace enlgland with USA and my name instead of address. Will this work?

Tim Akpinar
Tim Akpinar
answered on Sep 28, 2023

It isn't fully clear by what is meant by entering a contract unknowingly. At any rate, an attorney is probably going to want to see the contract you entered into. It sounds like you may have designated someone to act on your behalf in a contract or the formation of an entity, but that's... View More

1 Answer | Asked in Copyright and Business Formation for Georgia on
Q: May I have help branding a few names for my companies and businesses.

I have a few businesses I have committed to and I am looking to brand them.

Fritz-Howard Raymond Clapp
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answered on Jun 19, 2023

Consult an experienced trademark attorney, to conduct a careful search to assure the marks are not confusingly similar to others in use, to advise how they should be used, and to prosecute the applications to register with the USPTO.

1 Answer | Asked in Copyright and Trademark for Georgia on
Q: Am trying to determine whether Serial Number 97188633 is in use, or if "Captain HR" is available for my personal use?

I have been referred to and have been using "Captain HR" since 2018. I am a Human Resources Executive leader with more than 25 years of experience helping individuals and organizations manage the difficult "People Issues" that occur in a normal work environment. I would like to... View More

Fritz-Howard Raymond Clapp
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answered on Jun 4, 2023

The mark CAPTAIN HR was registered on Jan 17, 2023 (Reg. No. 6956501, SN 97188633) for employment related services by ECOMM ALPHA LLC (Washington).

1 Answer | Asked in Intellectual Property, Copyright and Trademark for Georgia on
Q: Is my sign to similar to another business owners sign?
Tim Akpinar
Tim Akpinar
answered on May 20, 2023

A Georgia attorney could advise best, but your question remains open for two weeks. However, this sounds like it might be more of an intellectual property matter than an arbitration matter, the category where it's posted. If you're talking about similarity in terms of wording, logos,... View More

2 Answers | Asked in Copyright and Intellectual Property for Georgia on
Q: I have a copyright infringement case

Someone stole my images

N'kia (NLN)
N'kia (NLN)
answered on Mar 25, 2023

This forum allows attorneys to answer legal questions that are submitted by members of the public. However, we don't receive information about the people asking the questions, because this isn't really a referral forum.

If you have a question that you think an attorney may be...
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1 Answer | Asked in Copyright and Intellectual Property for Georgia on
Q: I plan to register a copyright for a book in the name of an LLC I recently formed. Is there any downside to this?

The LLC will be listed as the copyright claimant and the author of the work. Thanks in advance!

Erik Špila
Erik Špila
answered on Oct 5, 2022

If the executive director of the company changes, he can decide to transfer it to someone else. However, in most of the jurisdiction the legal person can not be an author, so you should check whether it is possible or not, as there is an assumption that even though company can own the rights to the... View More

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