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Texas Copyright Questions & Answers
1 Answer | Asked in Contracts, Copyright, Criminal Law and Real Estate Law for Texas on
Q: texas penal code title 4 chapter 16 section 16.06 in "layman's
Grant St Julian III
Grant St Julian III answered on Aug 13, 2020

I am not sure of your exact question.

2 Answers | Asked in Copyright, Patents (Intellectual Property) and Trademark for Texas on
Q: My friend and I have come up with an idea that we want to market. It is extremely unique.

My friend and I have come up with an idea that we want to market. It is extremely unique. We have been researching for a few days now to make sure there is nothing like it on the market. We were trying to figure out if we need a patent to manufacture the product to sell or if we need a copyright.... Read more »

Kevin E. Flynn
Kevin E. Flynn answered on Jul 27, 2020

It is not clear what your invention is so my answer is going to be somewhat general.

You asked "can we file the paperwork with the U.S. ourselves"? The answer is yes you can. The USPTO allows inventors for file patent applications without the assistance of patent attorneys....
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1 Answer | Asked in Consumer Law, Copyright and Patents (Intellectual Property) for Texas on
Q: Would it be possible for an unrelated individual to use this process to design a consumer good after getting investors?

US Patent Application for LASER INDUCED GRAPHENE MATERIALS AND THEIR USE IN ELECTRONIC DEVICES Patent Application (Application #20200112026)

Do patent applications on new methods of producing material products make it impossible for others to use the methods in their own designs?

Thankyou

Kathryn Perales
Kathryn Perales answered on Jun 29, 2020

If a granted patent describes the same method that you want to use, then the inventor can prevent you from using that process without their permission. If a patent application has not yet been granted, then the inventor does not yet have the right to stop you. However, if the patent is granted... Read more »

1 Answer | Asked in Copyright, Tax Law, Cannabis & Marijuana Law and Gov & Administrative Law for Texas on
Q: What is my entity type if I’m running an online smoke shop?

Any other legal advice about starting an online smoke shop

David Ostrove
David Ostrove answered on Jun 28, 2020

Based on what you have stated, you are probably a sole proprietorship.

1 Answer | Asked in Business Law, Copyright and Products Liability for Texas on
Q: Is it legal to repackage alcohol into smaller bottles and sell those without any license? And ship across state lines?
Tim Akpinar
Tim Akpinar answered on Jun 27, 2020

A Texas attorney could advise best, but your post remains open for five weeks. Until you are able to arrange a consult with an attorney who handles such matters, you might be able to research some of the free resources of the USPS, in terms of their conditions and limitations for various solid and... Read more »

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Texas on
Q: Is the word trademarked “GirlDad” the same as using Girl Dad with a space in between?

I made a shirt with the word “GirlDad”

Would I be able to make same shirt by adding a space in between?

Example: “Girl Dad”

Evelyn Suero
Evelyn Suero answered on Jun 17, 2020

Adding a space between the trademarked phrase may not be sufficient to overcome a likelihood of confusion and may result in a claim of trademark infringement if this mark is used in the same or related class of goods or services. Consult with a trademark attorney for more information.

1 Answer | Asked in Copyright and Intellectual Property for Texas on
Q: Using outlines of artists' characters for digital role playing game portraits to be put on YouTube for commercial use.

I take character art from online, take out the background in Photoshop, make the character solid white; leaving only the outline and define the edges with a black stroke and then import the final product into a virtual table to resemble characters in our Dungeons and Dragons role-playing sessions... Read more »

Barbara Berschler
Barbara Berschler answered on May 10, 2020

If you are copying in any way from someone else's art work, you will be making a derivative work which would be an infringement unless you received permission from the owner of the copyright protected work.

2 Answers | Asked in Copyright, Intellectual Property, Contracts and Internet Law for Texas on
Q: I want to pay a freelancer directly to write texts for my website. What do I do to own copyright?

Do I need to create a contract or we can agree on terms in e-mail or a freelancer can sign a paper in free form saying that whenever they get paid for their work they transfer copyright ownership to me? My website is just .com, it’s not registered as a company.

Evelyn Suero
Evelyn Suero answered on May 7, 2020

When working with an independent contractor it is good practice to have a signed written agreement where the contractor agrees that any intellectual property created while providing the services to you will be deemed "work for hire" and, if a court determines that the intellectual... Read more »

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1 Answer | Asked in Copyright, Business Law, Intellectual Property and Internet Law for Texas on
Q: Post recipe

I can figure out recipes (may be or may not be true) of manufactured food products by using publicly available ingredients lists and my algorithms. I want to post them on my website and then rate products and review them - whether I find them healthy, safe, etc based on their ingredients amounts... Read more »

Tania Maria Williams
Tania Maria Williams answered on May 1, 2020

Reviews of a product have particular protections, but understand that some manufacturers are more litigious than others. If your algorithm is incorrect, and results in a misrepresentation of their product, they may try to pursue legal action.

1 Answer | Asked in Copyright and Business Law for Texas on
Q: Post formulas

Certain foods have its ingredients listed in a specific order. Based on that I created an algorithm that can calculate ingredients percentage in a formula (that may or may not be different from the manufacturer’s). Can I post my calculations on my website (of course I will mention that these are... Read more »

Barbara Berschler
Barbara Berschler answered on Apr 29, 2020

The question you pose could cover several areas of intellectual property. For example, a trade secret is not violated if you figure it out without violating a legal obligation to keep the secret. I assume you have no contract of non-disclosure with the manufacturer. If you can figure out the... Read more »

1 Answer | Asked in Intellectual Property and Copyright for Texas on
Q: What is the legality involved in representing a copyrighted piece of visual art in a literary work?

Say I was writing a fiction novel and wanted to overtly reference a distinct piece of visual art created by a real, living artist. Could describing it in detail in a literary work infringe on copyright? Specifically if I changed the context of the art, in this instance had the piece created by a... Read more »

Barbara Berschler
Barbara Berschler answered on Apr 26, 2020

You pose an interesting question, not easily answered based on what you have described. However, there is a concept in copyright law called "moral rights." Some countries, like France, take a broad view of the concept. In the US, moral rights are addressed in Section 17 U.S.C. 106A.... Read more »

1 Answer | Asked in Copyright for Texas on
Q: Can I use a diagram in a textbook and explain it in my own words for educational purpose and post it on YouTube?

Would I be able to describe and make a video about a topic and use a diagram or picture in a textbook under fair use laws, for posting on YouTube as nonprofit? Would I get copyright strikes?

Bill Hulsey
Bill Hulsey answered on Apr 22, 2020

Take a look at the requirements for fair use of copyrighted subject matter. Here is a link to a page by Stanford University on the issue: https://fairuse.stanford.edu/overview/fair-use/what-is-fair-use/

If you comply with the fair use restrictions, you are probably fine.

2 Answers | Asked in Copyright for Texas on
Q: Can I use educational youtube videos as a resource for learning in my for-profit learning platform?

I have a for-profit learning platform but it is free for people to use. We only make money when someone is called for an interview through our platform. The videos are not the primary source for learning, they are only a resource for people to refer to when they get stuck while practicing on the... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 16, 2020

Links, probably,

Embed them, probably not

You are skating in thin ice

consult with an attorney

Marcos.

www.legalbizglobal.com

480 324 6378

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1 Answer | Asked in Copyright for Texas on
Q: Hello, If someone were to create an app and they dont want images on the app to be used what steps do I need to take?
Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 16, 2020

Need more details in order to provide a proper answer

Make an appointment to review your plans

Marcos.

www.legalbizglobal.com

480 324 6378

1 Answer | Asked in Copyright and Trademark for Texas on
Q: Since N.W.A is trademarked can I use N.W.A Investment group. As the term means something completely different?

Never Work Again investment group

Barbara Berschler
Barbara Berschler answered on Apr 15, 2020

When you say N.W.A. is trademarked, do you mean it is a registered trademark with the USPTO? If that is the case, then you need to examine what classes has the person registered or applied for. For example, it sounds like you want to offer financial advice services. What are the good or services... Read more »

2 Answers | Asked in Copyright for Texas on
Q: I'm curious about the legality about using someone else's story all the while using your own characters in a comic book.

I'm an amateur comic book artist and I was thinking about writing a similar plot from a TV show, but using MY characters instead and possibly putting in little different aspects. Will that be safe to do without permission or no?

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 14, 2020

It depends on the story.

If it is about a young man trained by a group of people with super powers and he fights an evil empire, as long as you do not steal the names, looks and name, you may be ok.

There are tons of examples, but the plots and characters are different, Star Wars,...
Read more »

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2 Answers | Asked in Copyright and Business Formation for Texas on
Q: Is my companies name too similar to a larger, more well known company and could there possibly be issues down the road?

I am creating a Men’s athletic wear clothing store called Freshletics. However, after doing some research, I came across a very large athletic wear company that specializes in woman’s athletic wear but also does men now. Is this name to similar to use and could there be legal trouble down the... Read more »

Barbara Berschler
Barbara Berschler answered on Apr 5, 2020

It is great that you want to examine this trademark issue before you launch your business. Coming to the appropriate answer will save you a lot of money and grief. You should work with a local trademark attorney to help you investigate whether your name/mark would infringe the mark of the other... Read more »

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1 Answer | Asked in Copyright for Texas on
Q: A few years back I was in a documentary where I was an interview subject. A release was never signed. Can I sue?

A friend and I were interview subjects in a documentary that aired locally, and then later, on Amazon Prime. Normally I wouldn't consider suing anyone, but the guy that filmed it became pretty rude after he got what he needed from us. We were never asked to sign a release, nor were we filmed... Read more »

Barbara Berschler
Barbara Berschler answered on Apr 5, 2020

You may be able to raise the issue of your Right to Privacy. However,it may be hard to enforce because you appear to have acquiesced for a number of years. It would be a good idea to consult with a local attorney familiar with issues associated with rights of privacy to see how realistic your... Read more »

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Texas on
Q: Can I create a trademark called "Stay Classy Girl" if "Stay Classy" is already taken?
Tania Maria Williams
Tania Maria Williams answered on Mar 23, 2020

It depends on the class of goods and services and potential related goods or services that the marks protect. Just because a term is registered in one class doesn't mean a person cannot use it for different goods and services. The test is whether there is a likelihood of confusion among... Read more »

1 Answer | Asked in Copyright for Texas on
Q: My website sells old Nintendo games. Would I be violating any laws by copying game descriptions from Nintendo's website?
Marcos Garciaacosta
Marcos Garciaacosta answered on Mar 20, 2020

Probably not. Most companies selling products use the copy generated by the manufacturer.

You May want to check with Nintendo to be safe.

This is not construed to be legal advise nor forms an attorney client relationship

www.legalbizglobal.com

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