Lawyers, Answer Questions  & Get Points Log In
Texas Copyright Questions & Answers
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 »

View More Answers

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

View More Answers

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 »

View More Answers

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 »

View More Answers

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

1 Answer | Asked in Copyright for Texas on
Q: Is transforming assets from Star Wars and turning them into usable public avatars for VR copyright infringement?

A gentleman I met over the internet offered to teach me 3D modeling. After a long lesson, he informed me he had obtained Star Wars assets from a mobile video game; he offered a partnership where we would transform the assets into usable avatars for VR. These avatars would be released into the... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Mar 18, 2020

Most likely not.

Unless he has a license to use them, very likely it is not ok to do it.

It is possible that he is thinking of fan fiction but that is a very gray area that could go either way.

Too risky.

1 Answer | Asked in Copyright for Texas on
Q: I bought an item on Amazon and sold it on eBay and now being sued by the rights owner who says he owns pictures on item

Copyright law. I purchased an item from Amazon and sold it on eBay. I used the stock pictures from the seller on Amazon. A "customer" bought the item and now says he will sue me stating the item used pictures that he copyrighted. He is not the seller on Amazon. He is the rights owner to... Read more »

Tania Maria Williams
Tania Maria Williams answered on Feb 15, 2020

Unfortunately, copyright infringement is a strict liability tort. The fact that you didn’t know the person didn’t have permission means they would not be able to show willful infringement but it doesn’t mean there may not be an infringement action. I think $6,000 may be a bit opportunistic... Read more »

1 Answer | Asked in Business Law, Copyright and Trademark for Texas on
Q: I came up with a slogan for my dads company, unaware another company was using it first w/o TM, can we legally TM it?

I asked this question about 5 days ago, but got no answer. I came up with a slogan for my dads company, and even bought the web domain for it, but later found out another organization had been using it first, by sheer coincidence. They don't have it trademarked from what I can tell, so can I... Read more »

Tania Maria Williams
Tania Maria Williams answered on Feb 3, 2020

Trademark rights are based on use and a person does not have to register their mark with the USPTO to have common law rights in the mark. Because of that, the other organization's use may be paramount to yours in the jurisdiction where they have been using it even though you won the domain... Read more »

1 Answer | Asked in Copyright and Intellectual Property for Texas on
Q: can I copyright a work for hire?

If I commissioned a freelance artist to created my a graphic character and we sighed a work for hire contracted before work started. does it fall in the nine categories of work for hire?

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 30, 2019

Indeed that is the purpose of the contract and work for hire clauses

make sure your contract is firm and the other person understands what she signed off to avoid future complaints

1 Answer | Asked in Copyright for Texas on
Q: can I put a celebrity's Name on a shirt and sell it

Im starting a custom shirt business and a customer has asked me to make a shirt that says "Harry Styles"

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 30, 2019

Don't

Unless they have permision from the famous person to use the name, you may get into trouble

best luck

www.legalbizglobal.com

1 Answer | Asked in Copyright, Intellectual Property, Family Law and Child Custody for Texas on
Q: married mother under investigation process and my caseworker has yet to summit an application for my assesment. This ok?

What are my rights? I need advice! I know I've made mistakes, but im a great mom and my babies need me! How can i help this nightmare end? Im going to do better for my babies, no doubt. Im trying to work with the investigator, but when will my case become important enough? Im no one in this... Read more »

Rahlita D. Thornton
Rahlita D. Thornton answered on Dec 30, 2019

Based on your details it sounds like you’re a good mother who has made some mistakes. Sounds like you have taken responsibility of those mistakes and ready to forge ahead. In order to fight the way you need to you’re going to have to hire your own attorney and be ready to spend thousands of... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.