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Washington Copyright Questions & Answers
Q: How can I legally use dialogues from Total War in my monetized animation?
I am planning to create an animation where I will use many dialogues from the game series Total War without any changes, though I will use my own voice for narration. I intend to post this animation on YouTube and monetize it. However, I haven't explored licensing options or sought permission... View More 
Sarah Teresa Haddad
answered on Oct 24, 2025
answered on Oct 24, 2025
If your animation has a distinct purpose from Total War, your use of the dialogue from the series may be considered a classic case of Fair Use, which is a valid defense in copyright that may apply in the federal circuit that includes Washington. An example of Fair Use is a satire play where... View More
Q: Can I use photos of thrift store art in a book?
I'm considering using photos I took of original artworks found in a thrift store in a humor book I plan to publish for commercial purposes. The photos show the entire artworks, and none of the artworks had any visible copyright information. Is it legally permissible to use these images in my... View More
Christie Dudley
answered on Oct 8, 2025
answered on Oct 8, 2025
Generally speaking if you photograph things in the world, you hold the copyright. However, if you are just taking images of other art, with an eye towards reproduction, rather than the situation of the art in the world, then it is functionally an act of copying.
What this means is if you... View More
Q: Is the term/name “Wheel of Calamity” trademarked or copyrighted in any way?
Intend to start a social media company under this title and want to verify its Existence amount other trademarked intellectual property.
Sean Goodwin
answered on Nov 8, 2024
answered on Nov 8, 2024
The best answer you will get to this question is from a trademark attorney who has conducted a legal analysis based on a clearance search. I highly recommend that you hire a qualified attorney to do this before you start spending money on advertising and then realize that you will have to rebrand... View More
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Copyright, Employment Law, Business Law and Native American Law
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Q: I am an accountant. Can I be fired for not doing my previous trade of doing graphic art work for my employer?
I also work in a sovern tribe of Washington. However, codes enforce federal and Washington State laws.
Bao Tran
answered on Jul 25, 2024
answered on Jul 25, 2024
As an accountant working for a sovereign tribe in Washington, you may have specific employment terms and conditions that are influenced by both tribal codes and state or federal laws. Here are some key considerations regarding your situation:
Job Duties and Employment Contracts... View More
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Q: I am an accountant. Can I be fired for not doing my previous trade of doing graphic art work for my employer?
I also work in a sovern tribe of Washington. However, codes enforce federal and Washington State laws.
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James L. Arrasmith
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answered on Jul 23, 2024
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answered on Jul 23, 2024
You can only be fired for not doing graphic art work if it is part of your job description or agreed-upon duties. If your employment contract or job role includes graphic art responsibilities, then not fulfilling these tasks could be a reason for termination.
However, if your primary role... View More
Q: Can a business competitor use a non-trademarked brand I've created to disrupt my business?
I run a golf academy and have a very successful ladies program "FORE The Ladies". Recently, a neighboring course who hired an ex-employee of mine, began running ads with the Program name "Fore the Ladies" and use a very similar typeface in their paid marketing.
This has... View More
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James L. Arrasmith
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answered on Apr 11, 2024
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answered on Apr 11, 2024
In the United States, even if you haven't federally registered your trademark, you may have some protections under common law trademark rights. Common law trademark rights are established through the actual use of a mark in commerce in connection with goods or services, and these rights are... View More
Q: If you have been selling fanart (possibly illegally) what is the process if the copyright holder decides to take action?
I have heard that most people selling fan art are small enough that they never end up getting in trouble, and I watched a lot of youtube videos where they said the most common first response if someone's art gets popular enough to be noticed is to get a 'cease and desist' letter.. is... View More
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James L. Arrasmith
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answered on Mar 25, 2024
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answered on Mar 25, 2024
If you've been selling fan art and the copyright holder decides to take action, the initial step they might take is sending a 'cease and desist' letter. This is indeed a common first move. It serves as a formal request to stop the infringing activity. If you comply with this request... View More
Q: If you have been selling fanart (possibly illegally) what is the process if the copyright holder decides to take action?
I have heard that most people selling fan art are small enough that they never end up getting in trouble, and I watched a lot of youtube videos where they said the most common first response if someone's art gets popular enough to be noticed is to get a 'cease and desist' letter.. is... View More
Eddie Burnett
answered on Apr 5, 2024
answered on Apr 5, 2024
The copyright holder (or their legal team) often starts by sending a cease and desist letter. After the cease and desist, there might be a period of negotiation or mediation to try and resolve the situation without going to court. This could involve agreeing to cease sales permanently, potentially... View More
Q: Is it legal to write a book using copyrighted plot and characters as a lense through which to describe to tarot cards?
There are many books out there describing the meanings etc of the classic 78 tarot cards but it is super hard to actually remember all of the information since it is so isolated.. so I was wondering if I could write a book explaining the meaning of each card by using an examples of characters and... View More
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James L. Arrasmith
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answered on Mar 24, 2024
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answered on Mar 24, 2024
When using copyrighted characters and plots, particularly from well-known creations like Miyazaki's films, for your own published works, you're navigating complex copyright laws. These laws typically protect original creative works from being used without permission, especially in... View More
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Business Formation, Business Law, Copyright, Intellectual Property and Trademark
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Q: Can I use the term “Line Life” for tshirts for sale?
I see there is a trade mark for these words. Thank you!
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James L. Arrasmith
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answered on Mar 8, 2024
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answered on Mar 8, 2024
When considering the use of "Line Life" for t-shirts you plan to sell, it's important to be aware of existing trademarks on these words. Trademarks are designed to protect the brand identity of businesses across various products and services. If "Line Life" is trademarked... View More
Q: I have a question about legal use of copyrighted images.
The 501(c)6 nonprofit for which I volunteer has used collages including some copyrighted images to inspire our members' participation in weekly themed events. The organization does not directly benefit from these events, while the members can and do sell items from these promotionals. Each... View More
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James L. Arrasmith
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answered on Mar 5, 2024
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answered on Mar 5, 2024
When evaluating the use of copyrighted images, the concept of fair use is pivotal. Fair use allows for limited use of copyrighted materials without permission from the copyright holder under certain conditions, such as for educational purposes, commentary, criticism, or parody. However, determining... View More
Q: Is the word paramount trademarked or copyrighted
.
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James L. Arrasmith
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answered on Feb 21, 2024
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answered on Feb 21, 2024
The word "paramount" is not typically trademarked or copyrighted in its generic usage. However, it's essential to consider the context in which the word is used. If "paramount" is being used as a brand name, title, or slogan in connection with specific goods or services, it... View More
Q: Who owns book copyright when author deceased & publisher (church) is closed? Small indep church, not part of organiz
The copyright on the book says March 1969 with the church publishing house as the owner. The author-pastor (also my father) died three years ago. The church and its publishing house (ie printing dept) closed 20+ years ago. Now people want to e-publish the book and give it for free. As the daughter,... View More
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James L. Arrasmith
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answered on Jan 22, 2024
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answered on Jan 22, 2024
The question of copyright ownership in a situation where the author is deceased and the original publisher is no longer operational can be complex. Under U.S. copyright law, the rights to a work created and published before 1978, such as your father's book from 1969, typically last for the... View More
Q: Would I be breaking any copyright laws by naming an item in a board game "Pumped up Kicks?"
I'm creating a board game that will only be for personal use right now but might make commercially available in the future. if I were to make a card for the game that depicts a pair of inflatable shoes called "Pumped Up Kicks" in reference to the song, maybe adding a description with... View More
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James L. Arrasmith
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answered on Dec 24, 2023
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answered on Dec 24, 2023
Using the phrase "Pumped Up Kicks" in your board game, especially in a way that references the song, could potentially raise copyright issues. The title of a song can be protected under copyright law, particularly if it's distinctive and closely associated with the copyrighted work,... View More
Q: Can I show a vehicle with a manufacturers emblem in a commercial or do I need to remove the logo?
I am making a commercial for our company that does paint restoration on vehicles. In the advertisement we show a multitude of vehicles from a distance. Including a Range Rover, Infiniti, GMC, Dodge etc. We make no mention of partnerships or claims of poor quality, just show some before and after... View More
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James L. Arrasmith
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answered on Nov 24, 2023
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answered on Nov 24, 2023
In Washington, as in most states, the use of manufacturer emblems in advertising can be a complex issue, primarily governed by trademark laws. The key consideration here is whether the use of these emblems could potentially cause confusion or imply an endorsement or affiliation with the vehicle... View More
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Q: Is Rule 60(b)(4) applicable in a cross-border copyright dispute involving jurisdictional issues with Germany and the U.S.?
In my cross-border copyright dispute initially filed in the Western District of Washington, there's a significant jurisdictional issue: the subject matter jurisdiction belongs to Germany due to initial authorship, while the United States is the personal jurisdiction under the Berne Convention,... View More
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James L. Arrasmith
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answered on Nov 6, 2025
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answered on Nov 6, 2025
No. A Rule 60(b)(4) motion only vacates a judgment that is truly void—where the court lacked subject‑matter or personal jurisdiction in a fundamental sense, or where due process (notice and an opportunity to be heard) was denied. In federal copyright cases, 28 U.S.C. § 1338 supplies... View More
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Q: Is a judgment void under Rule 60(b)(4) due to jurisdictional errors in "country of origin"?
I am seeking clarity regarding Rule 60(b)(4) as it pertains to my case in the Western District of Washington, where the judge applied the doctrines of comity and collateral estoppel related to “copyright ownership” based on a foreign case that lacked subject matter jurisdiction. This foreign... View More
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James L. Arrasmith
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answered on Nov 5, 2025
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answered on Nov 5, 2025
That’s a very insightful and complex question, and it’s clear you’ve spent time analyzing the jurisdictional issues in your case. Under Rule 60(b)(4), a judgment can be deemed “void” only if the court that issued it lacked subject matter jurisdiction or personal jurisdiction, or if there... View More
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Q: What is the timing for filing a motion for declaratory relief in a copyright case involving German law?
I filed a motion for an amended judgment due to the court granting the defendant's Motion on Summary Judgment without considering the applicable foreign law. The case is a copyright issue involving German law, specifically “first publication” criteria, and I believe the court granted... View More
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James L. Arrasmith
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answered on Nov 4, 2025
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answered on Nov 4, 2025
You do not file a post‑judgment “motion for declaratory relief”; to correct the court’s legal error you file a Rule 59(e) motion to alter or amend the judgment within 28 days, or—if that window has closed—you proceed under Rule 60(b).
Rule 59(e)’s 28‑day deadline is strict... View More
Q: How do I get permission to use characters owned by others in my book?
I am in the planning stages of a book where I intend to use characters from the Creepypasta fandom, specifically "Candy Pop" and "Jason the Toymaker," which are owned by different individuals. I don’t currently have any agreements with the owners but would like to propose my... View More
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James L. Arrasmith
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answered on Oct 30, 2025
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answered on Oct 30, 2025
When it comes to using characters created by someone else, copyright law protects those characters as the intellectual property of their original creators. This means you cannot legally use, reproduce, or profit from them in your own work without the owner’s written permission. Even though your... View More
Q: How can a pro se plaintiff obtain an expert witness for accurate damage calculation in WA copyright case?
I'm representing myself in a copyright case against a large corporation in Washington. The defendants have requested all communications and documents related to my alleged damages and their calculation. The Judge ordered that all Expert Witness Disclosures/Reports under FRCP 26(a)(2) are due... View More
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James L. Arrasmith
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answered on Oct 27, 2025
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answered on Oct 27, 2025
You can overcome the cost barrier by pursuing three parallel tracks now: move for a brief extension of the 11/19/2025 Rule 26(a)(2) deadline under Rule 16(b)(4) with a declaration detailing your diligent efforts to retain an expert; ask the court to appoint a neutral damages expert under Evidence... View More
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