Texas Copyright Questions & Answers
Q: Are release agreements needed from the people and institutions of photos I took to be used in a potential movie?
Griffin Klema's answer
That's a difficult situation. It really depends on what is shown in the photos as far as brands/products and the context in which the images were created. Most likely, the company seeking to use the images would need to get their own release for showing the brands in the movie. But if the movie is a documentary, it might not be necessary since it could be considered a fair use. You might also face the same dilemma for having the images on your website, depending on the nature of the site. Now,...
That's a difficult situation. It really depends on what is shown in the photos as far as brands/products and the context in which the images were created. Most likely, the company seeking to use the images would need to get their own release for showing the brands in the movie. But if the movie is a documentary, it might not be necessary since it could be considered a fair use. You might also face the same dilemma for having the images on your website, depending on the nature of the site. Now,...
Q: Is it possible to get both my Brand Name / Logo Trademark at the same time?
Jason Brooks' answer
You can register both your service mark and your design mark (logo) at the same time, but each is treated as separate registration applications and evaluated independently (and subject to their own registration fees).
You can register both your service mark and your design mark (logo) at the same time, but each is treated as separate registration applications and evaluated independently (and subject to their own registration fees).
Q: Copyright infringement laws can used against state federal government agencies if that use copyrighted name?! Yes or no
1 Answer
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Contracts, Copyright, Tax Law and Traffic Tickets
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Texas
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Answered on Nov 3, 2018
Answered on Nov 3, 2018
Q: A subscription service company used one of my videos from YouTube in their web series without contacting me what do I do
Jason Brooks' answer
Without hearing all the details, it sounds like you've got a valid case of copyright infringement. Feel free to email me to discuss your rights: jason@altviewlawgroup.com
Without hearing all the details, it sounds like you've got a valid case of copyright infringement. Feel free to email me to discuss your rights: jason@altviewlawgroup.com
Q: How should I legally start structuring a record label business, register trademark and copyright?
1 Answer
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Copyright, Trademark and Business Formation
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Texas
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Answered on Jun 1, 2018
Answered on Jun 1, 2018
John Espinosa's answer
This is a very complex and specific question that cannot be fully addressed on here. As a starting point, this government resource explains the basics of copyright and trademark in the music industry:
https://www.uspto.gov/learning-and-resources/ip-policy/musicians-and-artists-profile
Read that, then go hire an entertainment lawyer with expertise in the music industry to best advise you on the details.
This is a very complex and specific question that cannot be fully addressed on here. As a starting point, this government resource explains the basics of copyright and trademark in the music industry:
https://www.uspto.gov/learning-and-resources/ip-policy/musicians-and-artists-profile
Read that, then go hire an entertainment lawyer with expertise in the music industry to best advise you on the details.
Q: Does the copyright of a TV show extend to the concept of the show — or just the actual recording?
Benton R Patterson III's answer
Possibly, depending on the concept. Some original concepts from a show can be protected by copyright. However, copyright does not protect age old concepts that exist in many stories (for example, a group of people of different backgrounds share an apartment or contestants are evaluated by a panel of judges).
Possibly, depending on the concept. Some original concepts from a show can be protected by copyright. However, copyright does not protect age old concepts that exist in many stories (for example, a group of people of different backgrounds share an apartment or contestants are evaluated by a panel of judges).
Q: Is naming a character I Think I Can" an infringement of Copyright. Character never says this, is just his name.
Benton R Patterson III's answer
You should be fine with regards to copyright law. Names and short phrases generally are not covered by copyright.
You should be fine with regards to copyright law. Names and short phrases generally are not covered by copyright.
Q: Status 606 abandoned , Does this mean it is outdated?
John Espinosa's answer
It means the application was abandoned. This resource discusses what that means: https://www.uspto.gov/trademarks-application-process/abandoned-applications
It means the application was abandoned. This resource discusses what that means: https://www.uspto.gov/trademarks-application-process/abandoned-applications
Q: If I make a polo shirt to sell online with company name, ie Chevy or American Express, is that copyright infringement ?
Andrew Zulieve Esq's answer
Not likely a copyright infringement, but quite possibly an infringement of those companies' trademarks. More importantly, I imagine those trademarks would qualify as famous marks and likely registered with the U.S. Trademark Office. I think your venture carries some significant legal risks.
Not likely a copyright infringement, but quite possibly an infringement of those companies' trademarks. More importantly, I imagine those trademarks would qualify as famous marks and likely registered with the U.S. Trademark Office. I think your venture carries some significant legal risks.
Q: Received letter 2day from Git-R-Done Productions,Lawyers telling me 2 change my comp. name or else from Git-R-Done Limo
1 Answer
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Contracts, Copyright, Business Law and Trademark
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Texas
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Answered on May 1, 2018
Answered on May 1, 2018
Jason Brooks' answer
This production company is owned by the comedian, Larry the Cable Guy who has trademarked the phrase "Git-R-Done" in a variety of different classes. If they happen to own the trademark in the class which would include limo/shuttle services, then they have a right to demand you cease and desist use of the phrase in connection with your business, as it creates confusion with their mark. With that said, if they don't own trademark rights in this class, you have reasonable justification of use if...
This production company is owned by the comedian, Larry the Cable Guy who has trademarked the phrase "Git-R-Done" in a variety of different classes. If they happen to own the trademark in the class which would include limo/shuttle services, then they have a right to demand you cease and desist use of the phrase in connection with your business, as it creates confusion with their mark. With that said, if they don't own trademark rights in this class, you have reasonable justification of use if...
Q: I am potentially going to register my business name, but am unsure if I am infringing on another company's name.
Benton R Patterson III's answer
Registering a business name is a different process involving different rules from registering a trademark. Generally, there are minimal requirements for registering a business name. Often, even if the names are very similar, you can register a business name in Texas. However, the fact that you can register a business name does not mean that the name does not infringe on another company's trademark. Trademark infringement is a more complex question. An attorney would need to know more about...
Registering a business name is a different process involving different rules from registering a trademark. Generally, there are minimal requirements for registering a business name. Often, even if the names are very similar, you can register a business name in Texas. However, the fact that you can register a business name does not mean that the name does not infringe on another company's trademark. Trademark infringement is a more complex question. An attorney would need to know more about...
Q: Reality show I was in used an instr. portion of my original song performed on the show. Am I entitled to any royalties?
Benton R Patterson III's answer
Possibly. An attorney would need to review the contract and other documents between you and the television show company to answer this question. Most television production companies will include a clause permitting them to use the content.
Possibly. An attorney would need to review the contract and other documents between you and the television show company to answer this question. Most television production companies will include a clause permitting them to use the content.
Q: Writing a famous person tribute.
1 Answer
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Copyright, Intellectual Property and Trademark
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Texas
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Answered on Mar 30, 2018
Answered on Mar 30, 2018
Andrew Zulieve Esq's answer
Assuming that copyright still subsists in the image, legally, you cannot reproduce the photo without the authorization of the person who created that image.
Assuming that copyright still subsists in the image, legally, you cannot reproduce the photo without the authorization of the person who created that image.
Q: Are there any legal rights for an individual regarding their voice in the context of speech synthesis?
Benton R Patterson III's answer
There is a small body of case law on mimicking a famous person's voice (usually a singer's voice in advertisements) surrounding that person's right to publicity that could be used as a basis to claim legal rights in the sound of one's voice with respect to speech synthesis.
There is a small body of case law on mimicking a famous person's voice (usually a singer's voice in advertisements) surrounding that person's right to publicity that could be used as a basis to claim legal rights in the sound of one's voice with respect to speech synthesis.
Q: hi if sale beer to minor is that effect on my record ?
1 Answer
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Contracts, Copyright, Criminal Law and Employment Law
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Texas
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Answered on Mar 6, 2018
Answered on Mar 6, 2018
Grant St Julian III's answer
The sale of beer to a minor is a criminal offense, anf if convicted the case will permanently be on your record. Call a local attorney before appearing in Court
The sale of beer to a minor is a criminal offense, anf if convicted the case will permanently be on your record. Call a local attorney before appearing in Court
Q: In a parody video can you use a theme song that was used in the movie under fair use?
Benton R Patterson III's answer
It sounds like it may not be fair use because you are making a parody of the Karate Kid movie, not a parody of the song. Although, an attorney would need to review the entire video and understand the context to give a confident answer.
It sounds like it may not be fair use because you are making a parody of the Karate Kid movie, not a parody of the song. Although, an attorney would need to review the entire video and understand the context to give a confident answer.
Q: I sell items I purchased from online Chinese marketplaces. Just accused of infringement and theft of intellectual prop?
1 Answer
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Intellectual Property, Copyright and Trademark
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Texas
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Answered on Feb 26, 2018
Answered on Feb 26, 2018
Benton R Patterson III's answer
An attorney would need to review the specific product and the allegations of infringement to determine whether her notice is legitimate.
An attorney would need to review the specific product and the allegations of infringement to determine whether her notice is legitimate.
Q: Fan Made Video Game
Will Blackton's answer
Contact the video game company and tell them about the infringement if it's bothering you. It's up to the rights holder (video game company) to pursue copyright infringement claims.
Contact the video game company and tell them about the infringement if it's bothering you. It's up to the rights holder (video game company) to pursue copyright infringement claims.
Q: Posters with Brand name logos on it. Can I use them in a retail store that I'm opening?
1 Answer
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in
Copyright, Business Law, Trademark and Business Formation
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Texas
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Answered on Feb 20, 2018
Answered on Feb 20, 2018
Benton R Patterson III's answer
Most likely, you can sell the products. Generally, you are free to resell what you rightfully purchased. There is a possibility that one of the brands may have brand use guidelines that restrict how you can market their products. An attorney would need to know more to give a certain answer to this question.
Most likely, you can sell the products. Generally, you are free to resell what you rightfully purchased. There is a possibility that one of the brands may have brand use guidelines that restrict how you can market their products. An attorney would need to know more to give a certain answer to this question.
Q: Doubt I can trademark my descriptive online business name so is it easier to trademark including .com with the name?
1 Answer
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Copyright, Intellectual Property and Trademark
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Texas
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Answered on Feb 8, 2018
Answered on Feb 8, 2018
Benton R Patterson III's answer
Adding ".com" to an otherwise generic description would not make the trademark viable. The ".com" is generally disregarded by trademark examiners. Neither an LLC nor a domain registration provides trademark rights. Someone else could register the same name as an LLC in a different state or do business under the same name. It may be best to develop another aspect of your branding as a trademark, such as a design, logo, phrase, or product/service name rather than the name of the business...
Adding ".com" to an otherwise generic description would not make the trademark viable. The ".com" is generally disregarded by trademark examiners. Neither an LLC nor a domain registration provides trademark rights. Someone else could register the same name as an LLC in a different state or do business under the same name. It may be best to develop another aspect of your branding as a trademark, such as a design, logo, phrase, or product/service name rather than the name of the business...
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