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Virginia Copyright Questions & Answers
1 Answer | Asked in Trademark, Copyright and Intellectual Property for Virginia on
Q: How can I please know if Go and Glow Tanning Co. DC based (Navy Yard Area) we service DC, Arlington, Alexandria, Falls,

is copywrighted or trademarked

James L. Arrasmith
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answered on Mar 11, 2024

To determine if "Go and Glow Tanning Co." is trademarked or copyrighted, you can follow these steps:

1. Trademark Search:

- Visit the United States Patent and Trademark Office (USPTO) website: https://www.uspto.gov/

- Click on "Trademarks" and then...
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1 Answer | Asked in Copyright and Intellectual Property for Virginia on
Q: What could be protected by copyright? Who would own the copyright in this case? What rights am I entitled to by law?

I am a 16 year old who composed a piece of music, and I requested the Orchestra teacher to play my piece on the night of a concert. On the concert night, it was played by an ensemble. I have a recording of the performance NOT recorded by the school or by any hired worker thereof. If this is... View More

James L. Arrasmith
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answered on Jan 23, 2024

As a 16-year-old composer, your original piece of music is protected by copyright from the moment it is created and fixed in a tangible form, such as written notation or a recording. Since you composed the music and presumably created the notation, you would be the copyright owner for both the... View More

1 Answer | Asked in Copyright, Business Law and Entertainment / Sports for Virginia on
Q: I'm opening up a restaurant and wanted to know if I'm able to hang up purchased pictures of Muhammad Ali I'm not selling

Want to purchase pictures of sports memorabilia and then hang it in the restaurant for design but I'm not sure if I'm allowed to do that

James L. Arrasmith
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answered on Jan 7, 2024

Generally, purchasing and displaying sports memorabilia, like pictures of Muhammad Ali, in your restaurant for decorative purposes is permissible. This falls under the concept of "fair use," particularly if the memorabilia is being used in a way that doesn't imply endorsement or... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Virginia on
Q: Can I use the word “snoopy” in my business name if there is no reference to the character in the rest of my business?
James L. Arrasmith
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answered on Mar 29, 2023

Using the word "Snoopy" in a business name could potentially infringe on the trademark rights of the Peanuts brand and its owner, which could result in legal action. While there may not be any direct reference to the character in the rest of your business, the use of a well-known... View More

1 Answer | Asked in Business Law, Copyright and Trademark for Virginia on
Q: Can I send a cease and desist if someone has recreated my product that’s on Etsy and is selling it as their packaging.

I own an LLC and copyright application is active and in processing. I sell digital printable online and baked goods under VA Cottage Laws

James L. Arrasmith
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answered on Feb 25, 2023

Yes, you can send a cease and desist letter if someone has recreated your product and is selling it as their packaging without your permission. As the owner of the copyright, you have the right to control the use and distribution of your original work.

In the cease and desist letter, you...
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1 Answer | Asked in Copyright for Virginia on
Q: Can I republish information from a State agency website/publication?

I wrote a book and want to include portions of the Virginia driving manual found on the DMV website and the Standards of Learning found on the VA Department of Education website. Does this violate copyrights? How could I get permission to reprint it in a book that will be for sale?

James L. Arrasmith
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answered on Jun 21, 2024

To answer your question about republishing information from state agency websites or publications:

Generally, works created by federal government agencies are in the public domain and not subject to copyright protection. However, state and local government works may be copyrighted,...
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1 Answer | Asked in Copyright and Intellectual Property for Virginia on
Q: Is distribution on onlyfans.com content illegal if pictures are printed out and used in divorce court?

Onlyfans.com is copyrighted and I feel like this falls in intellectual rights violation. My soon to be ex husband and his lawyers presented images of my content without knowledge or consent.

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 10, 2022

It is true that the photo/video content on the platform is the subject of copyright, and that the creators and the platform can assert their exclusive right to distribute the content. If one were to print the content and sell or redistribute it commercially, that would be an actionable... View More

1 Answer | Asked in Copyright for Virginia on
Q: I received a letter in mail from Lawyer firm representing their client about violation of copyright issue.

another company (i hired) added images to my social media business site. they retrieved images from free images website but they didn't link image to creator of image from my business site. The Law Firm wants to resolve matter outside of court because I didn't have a license to use... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Aug 5, 2021

You need to consult with an attorney as soon as possible

2 Answers | Asked in Copyright, Business Law and Trademark for Virginia on
Q: I want to protect my designs from domestic and international companies from stealing it. Do I Trademark or copyright it?

Hi, I have a small business which features original designs on t-shirts.

Marcos Garciaacosta
Marcos Garciaacosta
answered on May 6, 2021

As indicated a design patent can provide protection.

Depending on what you are doing you could file for other registrations depending again on what your creations are.

Consult with an attorney.

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1 Answer | Asked in Contracts, Copyright, Divorce and Real Estate Law for Virginia on
Q: In order for an attorney to pass the bar exam, is it safe to say they need to know a little bit of everything?
Richard Sternberg
Richard Sternberg
answered on Feb 7, 2021

Preparation for the Bar exam does not involve knowing a little bit of everything. It involves knowing a lot of some things, and it is exceptionally wise to find out which things from a very expensive preparation course that requires intense concentration and memorization of huge amount of state law... View More

1 Answer | Asked in Consumer Law, Copyright and Trademark for Virginia on
Q: If an attorney sends you a cease and desist request, is is normal for them to also ask for fees?
Steve Charles Vondran
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answered on Dec 9, 2020

This is not legal advice. From my jurisdictions (California and Arizona), I don't normally see a fee demand with a cease and desist, although I do not believe there is anything improper about requesting a pursuit fee in the right case. See you at the top! Attorney Steve®

1 Answer | Asked in Copyright and Entertainment / Sports for Virginia on
Q: I write and produce songs. One of the songs contains dialogue from a movie, but I speak. Is that a copyright violation ?

I write and produce songs. One of the songs contains dialogue from a movie, that I speak in the song. Is that a copyright violation or an infringement to add that dialogue, even though its spoken by myself? It's a total of 19 words.

Ryan Schmidt
Ryan Schmidt
answered on Nov 2, 2020

Generally speaking, any time copyrighted material is incorporated into a new work you will need permission from the original author. This may be obtained by getting a license to create a derivative work. Copyright issues are complex and each matter is different. It is recommended that you consult a... View More

1 Answer | Asked in Copyright for Virginia on
Q: What happens when I'm sued in PA federal court for image copyright infringement but haven't lived in state since 2014?

I just moved to VA on Oct. 1, 2020 after living in MD for six years. Alleged infringements (I have EXCEPTIONALLY STRONG FAIR USE claim) came after I left PA. There are 225,000 fashion industry and cultural images on my website, and I've had zero problems in 13 years. I'm being sued... View More

Bernard Samuel Klosowski
Bernard Samuel Klosowski
answered on Oct 10, 2020

You need to consult a litigation firm. There are many variables in this scenario that must be considered to determine a prudent course of action, including but not limited to: are the allegedly infringed images federally registered? were they registered AFTER first publication? can/should the two... View More

1 Answer | Asked in Consumer Law, Contracts and Copyright for Virginia on
Q: jewelry store knowingly sold me a fake rolex.

Purchased a preowned Rolex from an established online jewelry store. What are my rights?

Steven Krieger
Steven Krieger
answered on Oct 6, 2020

You could sue them for a violation of the VA Consumer Protection Act, but you'd need to have someone testify that the watch is a fake. You'd be able to recover the amount you paid, reasonable attorney's fees, and possibly treble damages if you can prove that the store knew the watch... View More

1 Answer | Asked in Copyright for Virginia on
Q: Can I copyright a published work that I have already posted? I make webcomics and want to protect a page I posted.

I can provide the original files and such, and I want to keep my characters protected.

Bernard Samuel Klosowski
Bernard Samuel Klosowski
answered on Aug 6, 2020

You had the copyright as soon as you created the work (you might say a "common law copyright"). But to be eligible for "statutory damages," U.S., copyright law encourages registration before publication. Beyond 3 months after publication, if there's been an infringement,... View More

1 Answer | Asked in Copyright and Intellectual Property for Virginia on
Q: How could I go about purchasing this design and copyright?

Im interested in obtaining the copyright for the fabric to produce fabric for paintball good

James D. Williams
James D. Williams
answered on Jun 22, 2020

Greetings.

There are two options that basically stem from the root of asking the person who owns the right for permission to use it.

(1) Ask for a license. Basically you just would tell them what you plan on doing and see if they will allow you to do it. You may have to pay them...
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1 Answer | Asked in Copyright and Intellectual Property for Virginia on
Q: if a member of Apple Music/Spotify puts music on a photo and shares it across apps is that illegal?

I'm making a photo-sharing app where users can add music to photos (if they're members of Apple Music or Spotify) and share these photos that have songs on them to other apps, would that be illegal? Since Apple Music/Spotify both own licenses to songs and users are paying for these services.

Barbara Berschler
Barbara Berschler
answered on May 27, 2020

It mostly boils down to what are permitted uses of the music based on the licenses issued by Apple Music/Spotify. It would be important to check the Terms of Use/licenses granted to the members. The licenses may not extend to letting members add the licensed music to another application. Best... View More

2 Answers | Asked in Copyright and Entertainment / Sports for Virginia on
Q: Can I use an actual news broadcast for a fictional movie??

I’m writing a YouTube episodic and wanted to use a few actual news broadcasts in the promo trailer. The show is a work of entirely fiction just loosely based on real life. I would be using less than 30 seconds of each broadcast.

Barbara Berschler
Barbara Berschler
answered on May 22, 2020

The news broadcast itself is protected by copyright. You would need to get the permission of the owner of the copyright in the broadcast. You may be able to negotiate a licensed use for your fictional work. Best to work through a copyright counsel.

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1 Answer | Asked in Libel & Slander and Copyright for Virginia on
Q: If I write a historical fiction book on ancient religious sects could I be sued for slander or defamation?
Marcos Garciaacosta
Marcos Garciaacosta
answered on Apr 19, 2020

Yes

Obviously it will depend on what you say

Your defense is the truth, so if you get sued you can just show that all you wrote was truthful or the consensus of experts

If they are a large very public organization, they have more barriers to jump through to succeed in a...
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1 Answer | Asked in Copyright for Virginia on
Q: Can I get sued for using an actor's name?

I'm writing a book, and I want to use Leonardo DeCaprio's hair cut (from the '90s) and I feel like the readers won't be able to know what I'm talking about if I don't say something like, "It looks like Leonardo DeCaprio's haircut." Can I get sued for doing that? Like sued for copyright?

Marcos Garciaacosta
Marcos Garciaacosta
answered on Apr 1, 2020

will depend on the context and extent.

If you are just making a minor mention, like in a critique, it may fall under fair use.

if it is bigger than that, you may be stepping in his rights.

check with an attorney.

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