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Texas Copyright Questions & Answers
1 Answer | Asked in Copyright and Intellectual Property for Texas on
Q: Can I put a copyrighted sticker on a cup to sell if I bought the sticker from the copyright holder?

For example- If I buy a sticker from Disney and I put the sticker I purchased on a cup and I sell the cup would that be legal since I did not make the sticker. I would also be purchasing the sticker legally from them.

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp PRO label
answered on Jan 21, 2023

Yes, thanks to the "first sale doctrine" codified at 17 U.S.C. § 109, which provides that an individual who knowingly purchases a copy of a copyrighted work from the copyright holder receives the right to sell, display or otherwise dispose of that particular copy, notwithstanding the... Read more »

1 Answer | Asked in Copyright and Intellectual Property for Texas on
Q: Will it work if I register my work with the US Copyright Office as unpublished, then later decide to publish it?

If I register my work with the US Copyright Office as unpublished, then later I decide to publish my work, will I still be protected, and will I still be able to use my copyright paperwork if needed?

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp PRO label
answered on Jan 2, 2023

You can apply to register the unpublished work and submit a copy. But when you publish it, you should then apply to register the published work and submit what the copyright office calls the "best edition".

1 Answer | Asked in Business Formation, Business Law and Copyright for Texas on
Q: can I sell keychains coming from china with celebrities images at my e-commerce store online?

I'm looking to sell some stuff online at my store and it came to my mind some funny keychains with some celebrities images on it and just wondering about laws, copyright and I'm pretty sure I can't do that but doing some research like Etsy, Ebay and other e-commerce stores selling... Read more »

Steve Charles Vondran
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Steve Charles Vondran PRO label
answered on Dec 17, 2022

Though keychains featuring celebrities may be fun to collect, it is important to remember that it is not legal to sell these items without permission from the celebrity or their representatives. Doing so can infringe on copyright, trademark and right of publicity protections that are granted to... Read more »

2 Answers | Asked in Contracts and Copyright for Texas on
Q: What to add in an art contract to sell for profit later?

The artist gave me a drawing and says i will have total rights to do whatever i want with it. I want to sell the same drawing to multiple people and publicize it. What things should i include in the contract that basically says, the artist's drawing is no longer theirs and I can sell and do... Read more »

Steve Charles Vondran
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Steve Charles Vondran PRO label
answered on Dec 17, 2022

A copyright assignment agreement is an important document that makes terms between the assignor and assignee about transferring ownership of a copyright. The essential elements contained in a copyright assignment agreement include terms regarding the duration of the license and geographical region... Read more »

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2 Answers | Asked in Employment Law, Copyright and Intellectual Property for Texas on
Q: can i get in trouble for using pictures i took for work, for personal matters?

for personal matters, not to sell the pictures

John Michael Frick
John Michael Frick
answered on Nov 23, 2022

If the pictures were creative works, you could be violating your former employer's copyright interests in such works. Typically, under the work for hire doctrine, the copyright for creative works made by an employee belongs to the employer, not to the individual employee that created them.... Read more »

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2 Answers | Asked in Contracts, Copyright, Tax Law and Business Formation for Texas on
Q: I need a trademark lawyer
Carli Jo Aelker
Carli Jo Aelker
answered on Nov 12, 2022

Hi! Unfortunately this is not the place to retain an attorney, it is a forum for legal questions. You should reach out to a trademark attorney privately.

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3 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Texas on
Q: Can the formula for a specific type of concrete be patented?

I have developed a type of concrete specifically for my use making Anaerobic Digesters, which exhibits specific properties beneficial to the structure and operation of Mesophilic Anaerobic Digesters intended to be installed and operated as generational (extended time-frame) projects.

Stephen E. Zweig
Stephen E. Zweig
answered on Nov 9, 2022

Yes. Like all patents, however, the formula needs to be novel and not obvious. Check patents.google.com or other source to see prior art on concrete formulas. The good news and bad news is that there are a lot of concrete formula patents ahead of you. The examiner will be looking at your patent... Read more »

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1 Answer | Asked in Copyright and Intellectual Property for Texas on
Q: My sister wrote a book and put my name and private info about my molestation with father in it without my permission.
John Michael Frick
John Michael Frick
answered on Nov 2, 2022

Writing a book based on familiarity with events that occurred in real life is not a copyright infringement.

Now, if you had written a book about your experience and your sister then wrote her own book using part of what you had written in your book, then there might be copyright infringement.

2 Answers | Asked in Copyright, Trademark and Intellectual Property for Texas on
Q: If I have created a cartoon character (original drawing) how do I protect it from being used (name or design) by others?

I have a character that I have designed and I have a name for that character. I plan to feature the character in merchandise, apparel, comic strips, digital media, original stories, posters and other artwork. How can I protect my character and character name from being used by other businesses or... Read more »

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp PRO label
answered on Oct 8, 2022

The cartoon character can be the subject of a copyright registration, and its name can be a registered trademark.

You should register the copyright of a set of drawings that show the character in various poses from different angles.

Then, if the name of the character is novel and...
Read more »

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1 Answer | Asked in Copyright, Intellectual Property and Internet Law for Texas on
Q: Is it legal to create a website on the topic of quotes? I'm thinking of starting a quotes site, with curated content.

The website would specifically be ALL about quotes. Inspirational, motivational, etc.

Erik Špila
Erik Špila
answered on Oct 3, 2022

Many websites use same concept and they always state the author of the sentence. This should be legal in most of jurisdiction throughout the world. However do not cite large portions of texts from the books.

1 Answer | Asked in Consumer Law and Copyright for Texas on
Q: how do you sum up the case of Zippo Mfg. Co. v. Zippo Dot Com, Inc.,
Steve Charles Vondran
PREMIUM
Steve Charles Vondran PRO label
answered on Sep 7, 2022

To my best understanding of the case, Zippo Manufacturing Company sued Zippo Dot Com, Inc. for copyright infringement. Zippo manufacturers lighters, and Zippo Dot Com operated a website that sold a variety of lighter-related products, including cases, flints, and wicks. In its complaint, Zippo... Read more »

1 Answer | Asked in Copyright and Trademark for Texas on
Q: I own an Instagram account that is the name of a company and they are wanting me to delete or hand it over.

I do post content relative to their service/product but I can remove or change it. I also added “Not affiliated with business name” in the bio.

Sergiy M Sivochek
Sergiy M Sivochek
answered on Aug 8, 2022

This question lacks sufficient detail to provide a meaningful answer. These types of demands are rather frequent and they are always very fact-specific. Sometimes those demands are warranted and sometimes not. The most important question here is whether the company that sent you that demand can... Read more »

1 Answer | Asked in Copyright for Texas on
Q: I am writing a film workbook and I want to basically copy and paste movie titles into it. Will that be an issue?

Many of the fonts used in these movie titles are customized just for the title of the film.

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp PRO label
answered on Aug 1, 2022

The titles are not the subject of copyright, so their use to refer to the movies is not infringing.

1 Answer | Asked in Copyright for Texas on
Q: If you leak OnlyFans content on a forum will you be arrested or charged?

A forum where all people do is post OnlyFans leaks is there a possibility of doing jail time? Or prison time?

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp PRO label
answered on Jun 29, 2022

Copyright infringement of this sort is a civil matter, so you should not fear criminal consequences.

You should, however, mitigate the possible damages by removing the post that infringes.

1 Answer | Asked in Copyright, Intellectual Property, Patents (Intellectual Property) and Trademark for Texas on
Q: Is it legal to use screenshots from software I've purchased, in training course material I create and sell - screenshots

only, not the software itself - without compensation to or permission of software seller?

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on May 3, 2022

There is not a patent question here. This is a question of your end user agreement and possibly copyright law.

1 Answer | Asked in Copyright and Trademark for Texas on
Q: Can I legally use the name Soul Snatcher for fishing lures and tackle?

This will include soft and hard baits, fishing rods, fishing accessories, and apparel.

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp PRO label
answered on Apr 30, 2022

There is a live registration for SOULSNATCHAS (phonetic equivalent) in the category for apparel, another for SOUL SNATCHER in the category for adult sexual stimulation aids, and a pending application for SOUL SNATCHER in an apparel-related category, so those would preclude new registrations in... Read more »

1 Answer | Asked in Copyright, Business Law and Patents (Intellectual Property) for Texas on
Q: I am trying to find the patent for the brush guard that GM put on their Commercial Utility Cargo Vehicle (CUCV).

These vehicles were provided to the US military from 1984 - 1987. I believe similar brush guards were an option on GM trucks as early as the 1960's. I would like to reproduce this brush guard for the same GM vehicles and other vehicles with slight modifications. Thanks for any help you can... Read more »

Peter D. Mlynek
Peter D. Mlynek
answered on Mar 29, 2022

Sorry to be getting to this so late.

This is a common type of question, but unless the brush guard was ornamental, finding the patent is not going to be very helpful. The drawings that come with patents are there to help the reader understand the invention, and are not meant to be...
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2 Answers | Asked in Copyright, Criminal Law, Divorce and Libel & Slander for Texas on
Q: What repercussions could happen if I expose a cheater using her full name on a website? (I.e. shesahomewrecker.com)

My husband had an affair. He admitted it and I have photographic proof, texts, and messages. I also want to put pictures she sent to him on there. It is her face only, no nudity. (So, not revenge porn)

I have not contacted or even met her. (So, there isn’t harassment)

Since she... Read more »

Kiele Linroth Pace
Kiele Linroth Pace
answered on Mar 22, 2022

Meeting her is not an element of the offense of Harassment. The affair is not a matter of public concern and it is "reasonably likely to cause emotional distress, abuse, or torment to another person" which could be the homewrecker herself or members of her family. Texas Penal Code... Read more »

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1 Answer | Asked in Copyright, Constitutional Law, Entertainment / Sports and Intellectual Property for Texas on
Q: Is fair use subject to interpretation regardless of facts?

If I record a full cover (track and vocal) of a popular song, and release it on social media with no compensation, no expectation of compensation, no request for monetary support, strictly for the purpose of exhibition, entertainment, and to receive interaction (comments and/or likes) from viewers,... Read more »

Liliana Di Nola-Baron
Liliana Di Nola-Baron
answered on Mar 2, 2022

You should consult an attorney.

1 Answer | Asked in Copyright for Texas on
Q: I'm writing a book on covid, I'm including quotes from various doctors and medical journals, is this fair use?

I'm taking quotes from various TV interviews of Drs, medical studies and journals, and news articles ranging from topics on the vaccine to lockdowns, to masks, and treatment. I'm also commenting on the quotes while also adding criticism in some parts. I want to self publish the book for... Read more »

Thomas James
Thomas James
answered on Feb 11, 2022

Under U.S. fair use doctrine, a limited portion of a work may be quoted for purposes of criticism, commentary, news reporting, or academic writing. There is no bright-line test for determining the amount that may be quoted. It depends on consideration of several factors.

Note that the...
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