Texas Internet Law Questions & Answers

Q: Are there any legal rights for an individual regarding their voice in the context of speech synthesis?

1 Answer | Asked in Contracts, Copyright and Internet Law for Texas on
Answered on Mar 15, 2018
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.

Q: Can my apartment complex use my image without permission on a promotional account?

2 Answers | Asked in Copyright and Internet Law for Texas on
Answered on Jan 8, 2018
Joseph Hoelscher's answer
You should check your lease. However, a standard lease doesn't include those rights. In Texas, you have a property right in your image. Certain public images may still be used without permission, but not generally for commercial purposes. For example, if you walk through a live newscast at a crime scene, then you can't sue for damages. Generally, unless you have given permission (check your lease), then they shouldn't be doing that.

Q: I received a cease & desist letter from a co. for selling their clothing on Ebay. The items are legit. How do I respond?

1 Answer | Asked in Copyright, Internet Law and Trademark for Texas on
Answered on Sep 22, 2017
Benton R Patterson III's answer
Its unsafe to assume that because of the first sale doctrine they have no claim. They may be concerned that a Chinese distributor has breached a contract to not distribute the products in the US. An attorney would need to review the letter and all the facts to determine whether you should comply or not.

Q: I created a original tune and a dj remixed it to the beat of a popular hit. can I use it on social media free?

1 Answer | Asked in Internet Law and Intellectual Property for Texas on
Answered on Aug 8, 2017
Benton R Patterson III's answer
You would likely need the permission of both the DJ and the creator of the popular hit.

Q: I just found out that i have been recorded for the past few months and its gone viral can I do anything to find out

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Internet Law for Texas on
Answered on Jun 25, 2017
Roy Lee Warren's answer
Not enough information to discover how you found out and what was recorded. If you were in public, there is no expectation of privacy, making it more difficult to obtain relief. You may try contacting the administrator for the website to have it removed.

Q: Is my idea for a fact compilation database protectable by patent, copyright or neither?

2 Answers | Asked in Business Law, Intellectual Property, Internet Law and Patents (Intellectual Property) for Texas on
Answered on Apr 22, 2017
Dr. Jamie Cuticchia's answer
Copyright law used to require that the person seeking copyright for compilations must do more than compiling data. This was the "sweat of the brow" doctrine.

That has changed, however. A compilation of data can be copyrighted, but is must only contain the "facts." Even so little as taking a comment from the author of a source of data can result in copyright infringement.

THIS IS FOR EDUCATIONAL PURPOSES ONLY.

Q: Can the law help people who choose to stay away from harmful family members? Especially on social media

1 Answer | Asked in Domestic Violence, Internet Law and Personal Injury for Texas on
Answered on Sep 18, 2016
Peter Munsing's answer
The law does help but doesn't--you'd have a right to go after her but it would cost you money. So it is a right that only the very rich can afford. However it may be worth your while taking some of that money and getting a lawyer to write them a cease and desist letter, and some to talk to a psychologist about how you respond or how you structure your non-response so that the aggressive or passive aggressive person gets bored.

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