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Washington Copyright Questions & Answers
2 Answers | Asked in Copyright, Intellectual Property and Trademark for Washington on
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
Sean Goodwin
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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2 Answers | Asked in Copyright, Employment Law, Business Law and Native American Law for Washington on
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.

James L. Arrasmith
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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...
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2 Answers | Asked in Copyright, Employment Law, Business Law and Native American Law for Washington on
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
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Bao Tran
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...
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1 Answer | Asked in Copyright, Business Law, Trademark and Intellectual Property for Washington on
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

James L. Arrasmith
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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

2 Answers | Asked in Copyright and Intellectual Property for Washington on
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
Eddie Burnett
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

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2 Answers | Asked in Copyright and Intellectual Property for Washington on
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

James L. Arrasmith
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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

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1 Answer | Asked in Copyright and Intellectual Property for Washington on
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

James L. Arrasmith
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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

1 Answer | Asked in Business Formation, Business Law, Copyright, Intellectual Property and Trademark for Washington on
Q: Can I use the term “Line Life” for tshirts for sale?

I see there is a trade mark for these words. Thank you!

James L. Arrasmith
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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

1 Answer | Asked in Copyright and Intellectual Property for Washington on
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

James L. Arrasmith
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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

1 Answer | Asked in Copyright, Trademark and Intellectual Property for Washington on
Q: Is the word paramount trademarked or copyrighted

.

James L. Arrasmith
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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

1 Answer | Asked in Copyright and Intellectual Property for Washington on
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

James L. Arrasmith
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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

1 Answer | Asked in Copyright and Intellectual Property for Washington on
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

James L. Arrasmith
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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

1 Answer | Asked in Copyright and Intellectual Property for Washington on
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

James L. Arrasmith
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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

1 Answer | Asked in Copyright and Intellectual Property for Washington on
Q: Hello! I am a seller on Amazon USA.

I received a lawsuit in court regarding intellectual property violation. Can you help me solve this problem?

James L. Arrasmith
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answered on Nov 15, 2024

This is a serious legal matter that requires immediate attention. Intellectual property lawsuits from Amazon can have significant consequences for your business, including potential account suspension and financial penalties.

Your first step should be to carefully review the lawsuit...
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1 Answer | Asked in Copyright for Washington on
Q: Can a newspaper use a photo of me in uniform working in a secure location?

I work as a corrections officer at the South Correctional Entity. Some how a photo of me in full uniform was taken as I walked down a hallway inside our secure facility. This same photo has been used multiple times by the Seattle Times in articles and also on news outlets such as King 5 an Komo 4.... View More

James L. Arrasmith
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answered on Aug 23, 2024

The use of your photo in the media without your consent raises privacy and legal concerns, particularly when it involves your workplace and uniform in a secure facility. Typically, newspapers have broad protections under the First Amendment for publishing photos that are deemed newsworthy or taken... View More

1 Answer | Asked in Copyright for Washington on
Q: Can I legally make money from educational videos that quote another person's research?

I want to make an educational tiktok/youtube series about the history of classical music. Over the course of the series, I would be pulling quotes from many sources.

If some of the individual videos covered info only from a single author, would a court likely consider this fair use?... View More

James L. Arrasmith
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answered on Aug 13, 2024

When creating educational videos, you may be able to use quotes from other people's research under the doctrine of fair use. However, this is not guaranteed, especially if your video focuses primarily on one source. Courts consider several factors, such as the purpose of your use, the amount... View More

1 Answer | Asked in Copyright and Intellectual Property for Washington on
Q: How do you note the copyright for a video where the script is owned by the author and the vid is owned by the publisher?

I teach technical classes for my business and a handful of training companies. I write the scripts and there is an agreement that I own the copyright for the text. However, the videos I film and one of these companies edits have a copyright notice that only mentions the publishing company. This... View More

James L. Arrasmith
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answered on Oct 23, 2023

Under California law, if you have an agreement stipulating you own the copyright for the script, then your rights to the text should be protected. However, the final video product is a separate work, and if the publishing company holds the copyright for that, it may be within their rights to place... View More

1 Answer | Asked in Copyright and Intellectual Property for Washington on
Q: Is it illegal to publish an AI model trained on content that is illegal/pirated?

Specifically, the popular website musescore.com has scores that are "official" and cannot even be downloaded by subscribers, but musescore developers published the scores online, saying "fire us". Therefore, I am assuming that those files are illegal or pirated. Is it illegal to... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jul 2, 2023

Copyright in works generated with AI, and use of copyrighted materials in AI training are hot topics lately. The US Copyright Office has issued guidance on the subject which can be found here:

https://www.copyright.gov/ai/

The important legal point is that copyright registration...
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3 Answers | Asked in Bankruptcy, Consumer Law, Contracts and Copyright for Washington on
Q: is there a place I can find open source data for documents involved in a case's document discovery process?
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Apr 8, 2023

No. Discovery requests are not filed as a public record, unless, and only to the extent that, the same are controverted and a protective order is sought. The same is true of documents produced in response to discovery requests. Only after culling, and if a judge permits, are documents produced... View More

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3 Answers | Asked in Copyright, Patents (Intellectual Property) and Trademark for Washington on
Q: I want to know what I could do to make my Idea safe? It’s Build a Bong, similar to today’s Build a Bear but this is 420.

Do I need patent?

N'kia (NLN)
N'kia (NLN)
answered on Apr 1, 2023

Generally speaking, "patent" applies to inventions; "trademark" applies to names, taglines, logos, and other things that identify the source of a specific product or service; "copyright" applies to original works of authorship; and "trade secret" applies to... View More

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