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Georgia Copyright Questions & Answers
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... Read more »

1 Answer | Asked in Copyright, Gaming and Trademark for Georgia on
Q: Can I make a web-comic using screenshots from a video game?

More specifically, can I tell the story of the game, using screenshots, edited into a web-comic format? Would the story have to be original? Is there any variation of this idea that could be monetized?

Erik Špila
Erik Špila
answered on Sep 6, 2022

Yes, you can use screenshots from a videogame to make some new piece of author work. Considering that the screenshots are also yours. In my opinion it is same as making a YouTube videos in-game and then monetizing your gaming channel. Story should be original if you want to be an author of the... Read more »

1 Answer | Asked in Copyright, Employment Law and Family Law for Georgia on
Q: Hello Lawyers: I want to know, can I sue French Montana and Coke Boys Record?
Zachary Taylor Beck
Zachary Taylor Beck
answered on Aug 29, 2022

A person can file any lawsuit they want against whoever they want. However, whether that lawsuit is successful and warrants merit is another matter. Further, filing frivolous lawsuits can result in severe sanctions. Thus, consult an attorney before you file any type of lawsuit.

1 Answer | Asked in Copyright for Georgia on
Q: If I plan to publish poetry under a pen name, how do I ensure the works are legally protected as my own?

I want to keep my identity private but still want to be sure I will have full control over my work. How do I do this in regards to submitting to magazines, journals, etc? And if I were to want to copyright a future collection, should it be under my legal name or my pen name?

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Aug 15, 2022

There is a provision in the application to register the copyright in a work and identify the author's "pseudonym". Many authors have used pseudonyms: Mark Twain was Samuel Clemens, for instance.

The application to register the copyright will show your legal name as owner...
Read more »

1 Answer | Asked in Contracts and Copyright for Georgia on
Q: I am an author and I am looking to sell licensing rights to my book. Is the first step to register the copyright?

And then once it is registered as a copyright would the next step be to draw up a contractual agreement with the person who wants to buy the license? Or is there a premade license that the person can buy?

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jul 30, 2022

It would be prudent for an author to register the copyright in the unpublished work before offering it for publication.

Established publishers have their own forms of agreement to acquire the rights to publish books, with a variety of terms regarding how and when the author is compensated....
Read more »

1 Answer | Asked in Copyright and Trademark for Georgia on
Q: The name that I'm changing my business to someone has that name on Instagram however they sell on Etsy

I was going to register as an LLC and trademark because it's not found in Ga can I do that?

John Martin Hilla
John Martin Hilla
answered on Mar 30, 2022

It's important to remember that the registration of an LLC or other business entity name with your state naming authority is a totally different process than Federal trademark registration with the US Patent and Trademark Office (USPTO).

A name may be "free" within the state...
Read more »

1 Answer | Asked in Copyright, Entertainment / Sports, Gaming and Intellectual Property for Georgia on
Q: Game Copyrights, and Intellectual Property

I am planning on making a 2D Platformer game (when finished, I want it to be released on Steam, and possibly outside of the US if sales are good). I will be making the music for the game - I don't know too much on how copyrights work besides the fact that I have to file it, and I don't... Read more »

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Mar 28, 2022

The game product you envision has elements that, as the fruits of your original creative effort, are separate subjects of copyright: the code, the visual appearance, and the music. To assure the greatest protection for your work(s), you should register the copyright in each of these elements. Then... Read more »

1 Answer | Asked in Trademark, Copyright and Intellectual Property for Georgia on
Q: If a word or phrase is trademarked, is each portion/tense also trademarked?

As a very rough example, if the phrase "Tigers" is trademarked by/for Auburn University, I would assume one could not produce apparel in school colors with the phrase "Tigers". However, is the word "Tiger" used in that same way also covered? Or is the first case... Read more »

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jan 6, 2022

Trademarks are words, phrases and/or designs that are used to indicate the source of specific goods or services. The objective of trademark registration is to avoid the likelihood of confusion by purchasers as to the source. If a trademark is used and registered in the singular form, the plural is... Read more »

1 Answer | Asked in Copyright and Trademark for Georgia on
Q: Can I buy trademark Serial Number 74443201?
Marcos Garciaacosta
Marcos Garciaacosta
answered on Dec 19, 2021

Maybe.

Depends if it is alive and for sale.

Consult with an attorney.

2 Answers | Asked in Trademark and Copyright for Georgia on
Q: What is the cost for trademarking one class service and one mark. This is for a software company.

What is the cost for trademarking one class service and one mark. This is for a software company.

Marcos Garciaacosta
Marcos Garciaacosta
answered on Dec 1, 2021

You have government costs as well as attorney fees to consider. You should consult with an attorney and get an estimate.

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1 Answer | Asked in Copyright for Georgia on
Q: If I wanted to print off the top of the watch for a cake is that illegal?

I need to print off the top of the watch from Yo-Kia watch fro a cake is that okay

Marcos Garciaacosta
Marcos Garciaacosta
answered on Nov 29, 2021

Probably not. You would be using somebody's else creation, copyright, without authorization.

Consult with an attorney.

2 Answers | Asked in Consumer Law, Copyright and Trademark for Georgia on
Q: Does "Ew, David!" infringe on the trademark "EW DAVID" ?
Marcos Garciaacosta
Marcos Garciaacosta
answered on Feb 13, 2021

Yes it does

do not use it

consult with an attorney

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1 Answer | Asked in Copyright for Georgia on
Q: Can i make resin items with a triangle, cirlce and line? There will be no words included

I am looking to make a resin decoration with a deathly Hallows type design with no words.

Timothy John Billick
Timothy John Billick
answered on Dec 31, 2020

It's possible the rights-holders to the HP series would take issue with this approach. However, you keep the design generic-looking you can minimize your risk of copyright infringement.

Please consult with an IP attorney to conduct a proper search and comparison of potentially similar...
Read more »

2 Answers | Asked in Copyright for Georgia on
Q: Is it ok to copy a logo if the company of the original logo doesnt exist anymore?

my client wants me to make a logo exactly like another company's logo. the company doesn't exist anymore so i just want to make sure if its ok for me to go ahead with this

Marcos Garciaacosta
Marcos Garciaacosta
answered on Dec 28, 2020

Maybe not.

It is not only the logo itself, but also similar versions.

You can get from a cease and desist. To a formal lawsuit and damages.

You must check for existing use of that logo as well as for variations.

Consult with an attorney.

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2 Answers | Asked in Copyright and Trademark for Georgia on
Q: Is it legal to use brand names in a book?

In a fictional book, what is the protocol for mentioning brand names? I'm referring to situations in which the particular company / brand is not being represented in a negative way, but only mentioned casually. For instance, can an author write a book in which their characters are eating... Read more »

Marcos Garciaacosta
Marcos Garciaacosta
answered on Dec 22, 2020

Depends on the context, purpose and such.

You should consult with an attorney to understand your risks

best luck

Marcos

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1 Answer | Asked in Copyright for Georgia on
Q: Can I play copyrighted popular music in my podcast where I comment on it as it plays?

My partner and I are looking to start a podcast where we hit shuffle and let five or so songs play in the background while we discuss the songs and build a story on top of them.

We use the lyrics, mood, and artist’s info to pitch a short story, simultaneously commenting on the music and... Read more »

Steve Charles Vondran
PREMIUM
Steve Charles Vondran
answered on Dec 5, 2020

Letting songs play in full, I don't think that is the best idea. You could go through all the time and effort only to have it blocked when you try to load it or share it online. Music companies are famous for blocking things like this. If anything, I would use really short clips (this is... Read more »

3 Answers | Asked in Copyright and Trademark for Georgia on
Q: Does a bilingual company name violate copyrights or trademarks of a company name with the same meaning in one language?

For example, "world" = "mundo" / "happy" = "feliz" from English to Spanish. So, would a company called "Happy Mundo" violate the copyrights or trademarks of a company called "Happy World" or "Mundo Feliz", since they each have... Read more »

Marcos Garciaacosta
Marcos Garciaacosta
answered on Nov 24, 2020

Yes

The trademark office considers foreign languages and translations when making a determination on whether to approve or not an application.

Consult with an attorney.

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2 Answers | Asked in Copyright, Estate Planning and Family Law for Georgia on
Q: My family is pressuring me to do a last will, so that if parents die and I do too, no probate. I have Intellectual Prop.

2 elderly parents, 3 siblings in all. GA. Parents are leaving real estate, investment holdings into 3 trusts for each kid. Eldest sibling is executor. Problematic relationship with the family. I have some debt, but also quarterly income from film and TV music I've written/produced for the past... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw
answered on Aug 17, 2020

You would need to contact an attorney who specializes in probate matters, to include wills and trusts.

We wish you well.

-The Upshaw Law Firm, LLC. 770-240-0922.

WE ARE HERE TO SERVE!

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1 Answer | Asked in Copyright, Internet Law and Trademark for Georgia on
Q: I found a sticker for sale online. Is it against copyright laws to use the design on my own product that I'll sell?

The seller sells a bunch of stickers online. There is one particular sticker design I love that I want to print on a face mask with my own quote along with it. The sticker doesn't have the (C) on it and her website doesn't have any info about copyrights or trademark. Will I get in trouble... Read more »

Tania Maria Williams
Tania Maria Williams
answered on Jul 23, 2020

The artwork in the sticker belongs to the artist even if it doesn't have the copyright symbol on the sticker. The better plan of action is to reach out to the seller and see if they own the rights to the artwork or know who does. Feel free to call or email me if I can be of further assistance.

1 Answer | Asked in Copyright and Trademark for Georgia on
Q: When looking at my trademark online is states 606-Abandoned-No statement of use filed. How do I get this active again
James D. Williams
James D. Williams
answered on Jul 9, 2020

Unfortunately there is a very limited window to revive your trademark application, once abandoned. You would have to sign a statement that letting the application become abandoned was unintentional, pay a $100 filing fee, and then address whatever the problem was that led to the application... Read more »

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