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Texas Copyright Questions & Answers
1 Answer | Asked in Copyright and Intellectual Property for Texas on
Q: Are release agreements needed from the people and institutions of photos I took to be used in a potential movie?

I was approached to use my images of people on the field at a sporting event for a potential movie. The images were taken several years ago and were on my website. I do not have a release agreements from the individuals nor the institutions they represent. I own the images. However, I do not want... View More

Griffin Klema
Griffin Klema
answered on Mar 18, 2019

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... View More

1 Answer | Asked in Copyright and Trademark for Texas on
Q: Is it possible to get both my Brand Name / Logo Trademark at the same time?

Or If my Brand Name was trademark will it cover my Logo being trademarked?

Jason Brooks
Jason Brooks
answered on Jan 21, 2019

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).

1 Answer | Asked in Contracts, Copyright, Tax Law and Traffic Tickets for Texas on
Q: Copyright infringement laws can used against state federal government agencies if that use copyrighted name?! Yes or no

What if I copyrighted my name in all caps, can I use that against state and federal government agencies if they used my trade mark names/copyrighted name to gain capital currency or money off of it..

Grant St Julian III
Grant St Julian III
answered on Nov 3, 2018

No

1 Answer | Asked in Copyright for Texas on
Q: A subscription service company used one of my videos from YouTube in their web series without contacting me what do I do

I film videos and put them on YouTube and a subscription service company used one of my videos in their web series without directly contacting me and without compensation. They said they got the video from a third party so I wanted to know where I stand legally and what I should be fighting for.... View More

Jason Brooks
Jason Brooks
answered on Jun 4, 2018

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

1 Answer | Asked in Copyright, Trademark and Business Formation for Texas on
Q: How should I legally start structuring a record label business, register trademark and copyright?

Id like to start it with two other people, get an estimate for how much it would cost to trademark, copyright and would you be able to give me some steps to start with the structuring?

John Espinosa
John Espinosa
answered on Jun 1, 2018

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...
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1 Answer | Asked in Copyright for Texas on
Q: Does the copyright of a TV show extend to the concept of the show — or just the actual recording?
Benton R Patterson III
Benton R Patterson III
answered on May 31, 2018

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... View More

1 Answer | Asked in Copyright for Texas on
Q: Is naming a character I Think I Can" an infringement of Copyright. Character never says this, is just his name.

Children's story about two pigs. One negative attitude (I Think Not) and one positive ( I Think I Can). Character never says the line, but is intended to relay his "See good in all" attitude. Wanted to make sure the name is not an infringement on the copyright of the old Children's story.

Benton R Patterson III
Benton R Patterson III
answered on May 29, 2018

You should be fine with regards to copyright law. Names and short phrases generally are not covered by copyright.

2 Answers | Asked in Copyright and Trademark for Texas on
Q: Status 606 abandoned , Does this mean it is outdated?
John Espinosa
John Espinosa
answered on May 29, 2018

It means the application was abandoned. This resource discusses what that means: https://www.uspto.gov/trademarks-application-process/abandoned-applications

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2 Answers | Asked in Copyright and Intellectual Property for Texas on
Q: If I make a polo shirt to sell online with company name, ie Chevy or American Express, is that copyright infringement ?

Or as long as I don’t use the same exact font or logo am I safe to make them?

Andrew Zulieve
Andrew Zulieve
answered on May 17, 2018

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.

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1 Answer | Asked in Contracts, Copyright, Business Law and Trademark for Texas on
Q: Received letter 2day from Git-R-Done Productions,Lawyers telling me 2 change my comp. name or else from Git-R-Done Limo

I received letter today from Git-R-Done Productions Inc , Lawyers telling me 2 change my company name or else be sued from Git-R-Done Shuttle & Limo to another name. Really how can someone own a word

Jason Brooks
Jason Brooks
answered on May 1, 2018

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... View More

1 Answer | Asked in Copyright and Trademark for Texas on
Q: I am potentially going to register my business name, but am unsure if I am infringing on another company's name.

The established company's name is very similar to mine. . Also if this is not okay, would there be a way to change it while still keeping the word

Benton R Patterson III
Benton R Patterson III
answered on Apr 30, 2018

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... View More

1 Answer | Asked in Copyright for Texas on
Q: Reality show I was in used an instr. portion of my original song performed on the show. Am I entitled to any royalties?

I wrote the song a few years before the show, but have not registered it officially. The song plays for about 15 seconds at the end of the episode.

Benton R Patterson III
Benton R Patterson III
answered on Apr 20, 2018

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.

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Texas on
Q: Writing a famous person tribute.

we are righting a famous person tribute and wanted to know if we have the legal right to use an image, one in which we recreated through visual design software.

Andrew Zulieve
Andrew Zulieve
answered on Mar 30, 2018

Assuming that copyright still subsists in the image, legally, you cannot reproduce the photo without the authorization of the person who created that image.

1 Answer | Asked in Contracts, Copyright and Internet Law for Texas on
Q: Are there any legal rights for an individual regarding their voice in the context of speech synthesis?

Progress in speech synthesis, in particular the work of google (tacotron 2) and baidu (deep voice 3 and and un-named copying system), raises the question of the rights of an individual to the use of their voice and I have found no sufficient answer. I am curious if the law even has a stance on... View More

Benton R Patterson III
Benton R Patterson III
answered on Mar 15, 2018

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.

1 Answer | Asked in Contracts, Copyright, Criminal Law and Employment Law for Texas on
Q: hi if sale beer to minor is that effect on my record ?

state texas have tabc certificate first time happen to sale beer minor is that effect on my record

Grant St Julian III
Grant St Julian III
answered on Mar 6, 2018

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

1 Answer | Asked in Copyright for Texas on
Q: In a parody video can you use a theme song that was used in the movie under fair use?

We made a parody video on the Karate Kid and we are using Joe Esposito's "YOU RE THE BEST" in the video. The copyright owner seems to think we are violating their copyright when we believe it is used in fair use.

Benton R Patterson III
Benton R Patterson III
answered on Mar 1, 2018

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.

1 Answer | Asked in Intellectual Property, Copyright and Trademark for Texas on
Q: I sell items I purchased from online Chinese marketplaces. Just accused of infringement and theft of intellectual prop?

Another shop owner in Etsy accused me of stealing her designed item and photos for the items that she says she owns. She forced me to remove cease selling or get sued. The Alibaba site shows the items as unbranded.? They are currently bought & sold & resold all over the world? I find them... View More

Benton R Patterson III
Benton R Patterson III
answered on Feb 26, 2018

An attorney would need to review the specific product and the allegations of infringement to determine whether her notice is legitimate.

1 Answer | Asked in Copyright for Texas on
Q: Fan Made Video Game

I am writing this to inquire about reporting copyright infringement on behalf of a video game company. I have recently become aware of sources that are copying and altering material from the official video game company. As a concerned fan of the official games, I was wondering what official steps... View More

Will Blackton
Will Blackton
answered on Feb 20, 2018

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.

1 Answer | Asked in Copyright, Business Law, Trademark and Business Formation for Texas on
Q: Posters with Brand name logos on it. Can I use them in a retail store that I'm opening?

A store is going out of business, I'm wanting to buy the brand name products and posters that advertise them.

Benton R Patterson III
Benton R Patterson III
answered on Feb 20, 2018

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... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Texas on
Q: Doubt I can trademark my descriptive online business name so is it easier to trademark including .com with the name?

Is it easier to trade mark for example, xxxxxxxx.com rather than just the name xxxx xxxx. Additionally, if it is a small niche with very difficult market entry, would a domain and an LLC be enough protection to ignore getting a trademark for the website business?

Thanks

Benton R Patterson III
Benton R Patterson III
answered on Feb 8, 2018

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... View More

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