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Texas Copyright Questions & Answers
1 Answer | Asked in Copyright, Trademark and Intellectual Property for Texas on
Q: is a Superhero/supervillain them restaurant against copyright or trademark.

im thinking about a restaurant called H&V (heroes and villains) using my own personal collection of figures and comics to display would this be against copyright or trademark laws no names will ever be used

James L. Arrasmith
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answered on Nov 13, 2023

Creating a superhero/supervillain-themed restaurant like H&V, using your personal collection of figures and comics for display, can be a complex matter in terms of copyright and trademark laws. The key issue is whether the use of these items could be seen as infringing on the intellectual... View More

1 Answer | Asked in Copyright and Intellectual Property for Texas on
Q: Copyright:I recorded 1 min of UFC fight on iphone & uploaded it to YouTube. Indonesian Broadcast took it down. Not UFC

Indonesian Broadcaster MOLATV gave me a copyright Strike on my channel. The UFC itself did not. Do they have the right to do that? Would me filing a dispute work? I see tons of that content on YouTube and nothing happened to other people. Do you think it’s just a scare tactic?

James L. Arrasmith
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answered on Nov 12, 2023

In copyright matters, broadcasters like MOLATV may have rights to content, such as a UFC fight, in certain regions. If MOLATV holds the broadcasting rights for the UFC content in Indonesia, they may enforce copyright claims on platforms like YouTube.

The fact that UFC itself did not issue...
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2 Answers | Asked in Copyright, Trademark and Intellectual Property for Texas on
Q: Paint party, painting the Grinch face? It’s theirs, they pay me for supplies, teaching. They don’t sell them.

People ask me for this. No picture is sold, just my time and supplies.

James L. Arrasmith
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answered on Nov 8, 2023

Hosting a paint party where participants paint the Grinch's face involves copyright considerations, as the character is protected intellectual property. If you are providing instruction and supplies for individuals to create their own paintings for personal use, it generally falls under... View More

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2 Answers | Asked in Communications Law, Internet Law, Copyright and Intellectual Property for Texas on
Q: Can I read a book on social media such as YouTube or Twitch if I am receiving any revenue from that social media?

If I can not read a copy righted work in whole can I read exserts from it as part of a book review or discussion group?

James L. Arrasmith
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answered on Nov 4, 2023

Reading a copyrighted book in its entirety on a platform like YouTube or Twitch, especially when revenue is involved, may lead to copyright infringement claims. It's generally not permitted unless you have obtained explicit permission from the copyright holder.

However, reading...
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2 Answers | Asked in Communications Law, Internet Law, Copyright and Intellectual Property for Texas on
Q: Can I read a book on social media such as YouTube or Twitch if I am receiving any revenue from that social media?

If I can not read a copy righted work in whole can I read exserts from it as part of a book review or discussion group?

Dominique M. Williams
Dominique M. Williams
answered on Nov 3, 2023

I would caution against reading the book, or portions thereof, aloud publicly on a platform where you are receiving revenue. Under copyright law, a copyright owner is given sole and exclusive rights to reproduce the work, create derivative works, perform the work, display the work, or to authorize... View More

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1 Answer | Asked in Copyright, Entertainment / Sports and Intellectual Property for Texas on
Q: Besides the IP itself; What do I need to sell an IP to a broadcasting company?

I'm planning to create an IP of and episodic TV show and am planning on giving the company full creative control, apart from a creation credit, if possible. However, I'm not entirely sure what I need, besides the IP of course.

James L. Arrasmith
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answered on Oct 26, 2023

To sell an IP to a broadcasting company, beyond the intellectual property rights, you should have a well-structured pitch or presentation that outlines the concept, target audience, and potential value of the TV show. A clear and compelling pilot script or episode outline can significantly enhance... View More

3 Answers | Asked in Copyright, Trademark and Intellectual Property for Texas on
Q: Can I put the letters CNN on my jacket without violating copyright.

I will not use the Networks logo just the letters printed on my jacket. Is this legal or does Warner own the letter combination?

T. Augustus Claus
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answered on Oct 16, 2023

Yes, you can put the letters CNN on your jacket without violating copyright. Copyright law protects original works of authorship, such as literary, dramatic, musical, and artistic works. The letters CNN are not an original work of authorship, so they are not protected by copyright. However, Warner... View More

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3 Answers | Asked in Copyright, Trademark and Intellectual Property for Texas on
Q: Can I put the letters CNN on my jacket without violating copyright.

I will not use the Networks logo just the letters printed on my jacket. Is this legal or does Warner own the letter combination?

Jason C Palmer
Jason C Palmer
answered on Oct 18, 2023

Copyright law does not protect short words or phrases, so you would probably not have to worry about a copyright claim arising from such a use of these letters. Trademark law does protect short words and phrases, though, and Cable News Network, Inc. owns an existing trademark registration for... View More

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1 Answer | Asked in Copyright, Business Formation, Trademark and Intellectual Property for Texas on
Q: Hi! I have a question about trademarks for clothing brands and similar ideas that other people have now started

I started working on my brand Ghosted in July, I used Canva fonts and everything for the logo and worked long and hard and got samples and on 8/25 I ordered my first order of 360 units. I own the LLC Ghosted, have the trademark filed for Ghosted for apparel, and this morning I also filed a... View More

James L. Arrasmith
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answered on Sep 11, 2023

Given your description, it appears you have taken significant steps to legally protect your brand, including forming an LLC and filing for trademark protections for both your brand name and logo. In trademark law, the key issue often revolves around who used the mark first in commerce; since you... View More

1 Answer | Asked in Intellectual Property, Trademark and Copyright for Texas on
Q: I have a question regarding using a font that is used for a TV show (lets say StarTrek as an example)

If I am using a font that has been recreated by someone (but it looks *almost* identical) and I decide to create a formal 501c3 nonprofit public charity named "Rain'bow" (as an example) and create a logo using that name with that similar StarTrek font, would that be risky regarding... View More

James L. Arrasmith
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answered on Sep 4, 2023

Even if you don't use the words "Star" or "Trek," using a font that is closely associated with or identical to the one used in the Star Trek franchise could pose a risk of copyright or trademark infringement. The key issues would be whether the use of the font creates a... View More

2 Answers | Asked in Copyright, Intellectual Property and Trademark for Texas on
Q: I'm wanting to create a LEGO video game

I'm wanting to create a LEGO video game and I emailed them but they said to look at their Fair Play policies and I read it but it isn't clear on video games and they said if i was unsure to ask a lawyer or someone who knows the law.

James L. Arrasmith
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answered on Aug 15, 2023

Creating a LEGO video game involves potential copyright and intellectual property concerns. It's advisable to consult with a qualified attorney experienced in copyright and intellectual property law to assess whether your game would potentially infringe on LEGO's rights and whether you... View More

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2 Answers | Asked in Copyright, Intellectual Property and Trademark for Texas on
Q: I'm wanting to create a LEGO video game

I'm wanting to create a LEGO video game and I emailed them but they said to look at their Fair Play policies and I read it but it isn't clear on video games and they said if i was unsure to ask a lawyer or someone who knows the law.

Christie Dudley
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Christie Dudley
answered on Aug 8, 2023

LEGO makes locking bricks, which are rather obviously not video games. Other companies make locking bricks, so it's fine to use imagery of locking bricks for your video game. If you want to specifically use the LEGO name or identifiers in your video game and sell it, you are effectively using... View More

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2 Answers | Asked in Copyright and Intellectual Property for Texas on
Q: Can I animated/cartoonify a piece of art and trademark it as a logo?

I have found a piece of art that sparked a logo and brand idea. My thought was to replicate a couple aspects of the artwork and animate them to create my logo. I would then trademark the logo and brand name associated with it. The artist has a few pieces of art that I was also thinking to add to... View More

Christie Dudley
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Christie Dudley
answered on Aug 8, 2023

What you are looking at doing is creating what's called a "derivative work". It is possible you could change it so much that it would no longer be covered by the original copyright, but that is unlikely. The Supreme Court decided recently that Andy Warhol's work violated... View More

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2 Answers | Asked in Copyright and Intellectual Property for Texas on
Q: Can I animated/cartoonify a piece of art and trademark it as a logo?

I have found a piece of art that sparked a logo and brand idea. My thought was to replicate a couple aspects of the artwork and animate them to create my logo. I would then trademark the logo and brand name associated with it. The artist has a few pieces of art that I was also thinking to add to... View More

James L. Arrasmith
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answered on Aug 6, 2023

Animating or cartoonifying the artwork may not be sufficient to avoid copyright infringement. If you cannot reach the artist for permission, consider seeking legal advice on alternative ways to create a unique logo that does not infringe upon someone else's intellectual property.

James...
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2 Answers | Asked in Copyright, Intellectual Property and Trademark for Texas on
Q: Is original art protected by copyright?

I have developed a brand logo based on an original piece of art. I have essentially animated elements of the piece to create a brand logo. I have tried to find the artist contact information to reach out directly but have hit dead ends.

James L. Arrasmith
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answered on Jul 28, 2023

Yes, original art is protected by copyright as soon as it is created. If you have developed a brand logo based on an original piece of art, you may be infringing on the artist's copyright if you do not have permission to use or modify the original artwork. To avoid potential legal issues, it... View More

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1 Answer | Asked in Copyright and Intellectual Property for Texas on
Q: I have designed and Developed a CRM SAAS product which is coming to market for users. need some help for copyrighting

I have designed and Developed a CRM SAAS product which is coming to market for users. need some help for copyrighting. This product is under testing and will be launched in market. Need some information about the Copyrighting aspect of this SAAS product.

Fritz-Howard Raymond Clapp
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answered on Jul 8, 2023

You should obtain "work for hire" agreements from all coders of the software, and it is prudent also to have non-disclosure agreements acknowledging their work as trade secrets.

Form CO is used to register the copyright in both the source and object code when completed, and to...
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1 Answer | Asked in Copyright and Intellectual Property for Texas on
Q: Copyright Infringement Question?

Hi There!

I am researching something for a Newsletter Aggregator that combines 20 different email newsletters into one newsletter. The idea of the newsletter aggregator is to summarize the content of a publishers newsletter. That summary would then be added with 19 other summarized notes... View More

Fritz-Howard Raymond Clapp
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answered on Jul 8, 2023

Your comments and summary text would be original works for purpose of copyright, and your selection and aggregation of the newsletters would be fair use. It would be wise to include a fair use disclaimer:

"This [site/newsletter] contains copyrighted material the use of which has not...
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1 Answer | Asked in Copyright, Trademark and Intellectual Property for Texas on
Q: Is it possible to trademark Flowprops, toys used for dance, under the same class as flowtoys, 28:toys.

Trademark factory said I would be able to because the name is generic but if flowtoys was trademarked I don’t see why I would be able too.

Fritz-Howard Raymond Clapp
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answered on Jul 2, 2023

FLOWPROPS is arguably not "confusingly similar" thus probably registrable. If the description of the use of the goods is sufficiently distinct from that of FLOWTOYS, then it would be more likely to be registrable; for instance, if FLOWPROPS were used for instruction rather than... View More

1 Answer | Asked in Copyright, Civil Rights, Gov & Administrative Law and Intellectual Property for Texas on
Q: Would it be illegal to read declassified files, similar to an audio book to make them more accessible to the public?

I ask because on some documents, especially recordings, you cant quote certain individuals, such as Linden B. Johnson because at the time of the recording he is a private citizen since hes no longer in office, either him or his family have copyrighted all recordings where he wasnt a public servant.... View More

James L. Arrasmith
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answered on Jun 18, 2023

It is generally not illegal to read declassified files aloud, as long as you are not violating any copyright laws or other legal restrictions. However, there may be certain limitations or restrictions on the use of declassified files, depending on the specific documents and the laws and regulations... View More

3 Answers | Asked in Patents (Intellectual Property), Copyright, Intellectual Property and Trademark for Texas on
Q: I am trying to figure out if I need a trademark, copyright or patent. I don't know the difference.

The difference in trademark, copyright, or patent and what I need for my project

James L. Arrasmith
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answered on Jun 18, 2023

Hi there!

Trademarks, copyrights, and patents are all types of intellectual property protection, but they protect different types of creations. Here is a brief overview of each type of protection:

1. Trademarks: A trademark is a word, phrase, symbol, or design that identifies and...
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