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Texas Internet Law Questions & Answers
1 Answer | Asked in Criminal Law, Civil Rights and Internet Law for Texas on
Q: Is it illegal to photoshop a KKK hood onto someone?
Kiele Linroth Pace
Kiele Linroth Pace answered on Aug 21, 2020

If you mean "illegal" as in a criminal offense then no, it isn't a crime unless the photo was already illegal for some other reason like child pornography.

My firm focuses on Criminal Law where the government prosecutes crimes. There is an entirely separate part of the legal...
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1 Answer | Asked in Internet Law and Family Law for Texas on
Q: Fam member with no relationship w/us refuses to take down pics of our child on social media stating they have rights

Mother in law who we've had no relationship with for 3+ yrs, keeps posting pictures of our infant daughter on social media, we have asked multiple times to remove. She refuses and states she has rights to child. We have already told her we want no relationship with her and we do not want our... Read more »

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Jun 28, 2020

If you think that your daughter is in real danger, you can file an Application for Temporary Restraining Order and Temporary Injunction in a Court of competent jurisdiction. However, the Judge will likely ask how your mother-in-law got these pictures that you contend place your daughter in danger.... Read more »

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 »

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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 Criminal Law, Internet Law and Juvenile Law for Texas on
Q: A friend (16) living in Texas sexts with a 60 y/o. What legal consequences could she face?

My friend is 16. She sexts with a 60 year old man. I’m trying to propose reasons why she should stop. She lives in Texas. What legal consequences could she face?

Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 8, 2020

In the context of criminal law, the 60-year-old is the one who should be most concerned about potential liability in this situation.

1 Answer | Asked in Internet Law, Libel & Slander, Criminal Law and Civil Rights for Texas on
Q: Is it legal to post on social media for someone to cause bodily harm to another person?

" Do the world a favor and die already..." Your mother is a drunk whore"..... " Pull their nails out, I'll pay good money...." Use for shark bait, then post a casket with the caption- "Coming Soon" constant degradation, and then I'm just going to say... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Feb 23, 2020

You should probably block and "unfriend" any person who posts that type of garbage. Depending on the exact details, it could be nothing or It could be the misdemeanor crime of Harassment if it happens once or it could be the felony crime of Stalking if it happens on multiple occasions.... Read more »

1 Answer | Asked in Contracts and Internet Law for Texas on
Q: Is there a grace period during which you can cancel an online "membership" (Six Flaggs)? I purchased without understand

I bought multiple duplicate memberships for which they charged my card 200 dollars. They also want to keep chARGING me for 12 months. I realized the mistake within 24hrs and contacted them in person and online to try and straighten it out. But they insist I owe them 1800.00 to cancel, even... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 12, 2019

Contract grace periods are governed by regional conditions, so a Texas attorney can best advise you. But your question remains open for two weeks. Unfortunately, outside of such limited exceptions, the general rule is that a contract becomes enforceable at time of formation. In light of your... Read more »

1 Answer | Asked in Internet Law for Texas on
Q: Can I get in trouble for starting a company that is similar to the one I currently work for?
Tim Akpinar
Tim Akpinar answered on Sep 22, 2019

It's possible they could sue if you signed a non-compete agreement. More than Internet law, this looks like something closer to employment law. You'd get the most meaningful input from an employment attorney as how not to not afoul of any legal problems if you go out on your own. Good... Read more »

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... Read 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.

2 Answers | Asked in Copyright and Internet Law for Texas on
Q: Can my apartment complex use my image without permission on a promotional account?

My apartment complex posted my picture on their public, promotional Instagram page (taken without my permission from MY instagram), along with my full name and (given that it is their own Instagram) basically my address. I was neither informed prior OR tagged in the photograph, so was I not... Read more »

Joseph Hoelscher
Joseph Hoelscher answered on Jan 8, 2018

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... Read more »

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1 Answer | Asked in Copyright, Internet Law and Trademark for Texas on
Q: I received a cease & desist letter from a co. for selling their clothing on Ebay. The items are legit. How do I respond?

Cease and desist letter received requesting names and information of all suppliers and that I turn over all inventory for no compensation. These items are genuine items that were purchased from reputable buyers in China so they are not counterfeits, which the letter does not allege. We are being... Read more »

Benton R Patterson III
Benton R Patterson III answered on Sep 22, 2017

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... Read more »

1 Answer | Asked in Internet Law and Intellectual Property for Texas on
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?
Benton R Patterson III
Benton R Patterson III answered on Aug 8, 2017

You would likely need the permission of both the DJ and the creator of the popular hit.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Internet Law for Texas on
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

My ex boyfriend had been charged with capital murder in 2012 and is appealing his case. And idk what video has been put out there

Roy Lee Warren
Roy Lee Warren answered on Jun 25, 2017

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?

I want to create a fact compilation database that would be used by businesses of a specific industry.

Multiple businesses would import and upload their customer data that would be stored in cloud storage, most likely. The result would be that businesses of the same type within the industry... Read more »

Dr. Jamie Cuticchia
Dr. Jamie Cuticchia answered on Apr 22, 2017

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."...
Read more »

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1 Answer | Asked in Domestic Violence, Internet Law and Personal Injury for Texas on
Q: Can the law help people who choose to stay away from harmful family members? Especially on social media

It's kind of wrong. To go out of your way with malicious intent. I know who is doing it. My question is why does she get to do that? And everything else

Peter N. Munsing
Peter N. Munsing answered on Sep 18, 2016

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... Read more »

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