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Washington Copyright Questions & Answers
1 Answer | Asked in Business Formation, Business Law, Copyright, Intellectual Property and Trademark for Washington on
Q: Can I use the term “Line Life” for tshirts for sale?

I see there is a trade mark for these words. Thank you!

James L. Arrasmith
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answered on Mar 8, 2024

When considering the use of "Line Life" for t-shirts you plan to sell, it's important to be aware of existing trademarks on these words. Trademarks are designed to protect the brand identity of businesses across various products and services. If "Line Life" is trademarked... View More

1 Answer | Asked in Copyright and Intellectual Property for Washington on
Q: I have a question about legal use of copyrighted images.

The 501(c)6 nonprofit for which I volunteer has used collages including some copyrighted images to inspire our members' participation in weekly themed events. The organization does not directly benefit from these events, while the members can and do sell items from these promotionals. Each... View More

James L. Arrasmith
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answered on Mar 5, 2024

When evaluating the use of copyrighted images, the concept of fair use is pivotal. Fair use allows for limited use of copyrighted materials without permission from the copyright holder under certain conditions, such as for educational purposes, commentary, criticism, or parody. However, determining... View More

1 Answer | Asked in Copyright, Trademark and Intellectual Property for Washington on
Q: Is the word paramount trademarked or copyrighted

.

James L. Arrasmith
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answered on Feb 21, 2024

The word "paramount" is not typically trademarked or copyrighted in its generic usage. However, it's essential to consider the context in which the word is used. If "paramount" is being used as a brand name, title, or slogan in connection with specific goods or services, it... View More

1 Answer | Asked in Copyright and Intellectual Property for Washington on
Q: Who owns book copyright when author deceased & publisher (church) is closed? Small indep church, not part of organiz

The copyright on the book says March 1969 with the church publishing house as the owner. The author-pastor (also my father) died three years ago. The church and its publishing house (ie printing dept) closed 20+ years ago. Now people want to e-publish the book and give it for free. As the daughter,... View More

James L. Arrasmith
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answered on Jan 22, 2024

The question of copyright ownership in a situation where the author is deceased and the original publisher is no longer operational can be complex. Under U.S. copyright law, the rights to a work created and published before 1978, such as your father's book from 1969, typically last for the... View More

1 Answer | Asked in Copyright and Intellectual Property for Washington on
Q: Would I be breaking any copyright laws by naming an item in a board game "Pumped up Kicks?"

I'm creating a board game that will only be for personal use right now but might make commercially available in the future. if I were to make a card for the game that depicts a pair of inflatable shoes called "Pumped Up Kicks" in reference to the song, maybe adding a description with... View More

James L. Arrasmith
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answered on Dec 24, 2023

Using the phrase "Pumped Up Kicks" in your board game, especially in a way that references the song, could potentially raise copyright issues. The title of a song can be protected under copyright law, particularly if it's distinctive and closely associated with the copyrighted work,... View More

1 Answer | Asked in Copyright and Intellectual Property for Washington on
Q: Can I show a vehicle with a manufacturers emblem in a commercial or do I need to remove the logo?

I am making a commercial for our company that does paint restoration on vehicles. In the advertisement we show a multitude of vehicles from a distance. Including a Range Rover, Infiniti, GMC, Dodge etc. We make no mention of partnerships or claims of poor quality, just show some before and after... View More

James L. Arrasmith
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answered on Nov 24, 2023

In Washington, as in most states, the use of manufacturer emblems in advertising can be a complex issue, primarily governed by trademark laws. The key consideration here is whether the use of these emblems could potentially cause confusion or imply an endorsement or affiliation with the vehicle... View More

1 Answer | Asked in Copyright and Intellectual Property for Washington on
Q: How do you note the copyright for a video where the script is owned by the author and the vid is owned by the publisher?

I teach technical classes for my business and a handful of training companies. I write the scripts and there is an agreement that I own the copyright for the text. However, the videos I film and one of these companies edits have a copyright notice that only mentions the publishing company. This... View More

James L. Arrasmith
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answered on Oct 23, 2023

Under California law, if you have an agreement stipulating you own the copyright for the script, then your rights to the text should be protected. However, the final video product is a separate work, and if the publishing company holds the copyright for that, it may be within their rights to place... View More

1 Answer | Asked in Copyright and Intellectual Property for Washington on
Q: Is it illegal to publish an AI model trained on content that is illegal/pirated?

Specifically, the popular website musescore.com has scores that are "official" and cannot even be downloaded by subscribers, but musescore developers published the scores online, saying "fire us". Therefore, I am assuming that those files are illegal or pirated. Is it illegal to... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jul 2, 2023

Copyright in works generated with AI, and use of copyrighted materials in AI training are hot topics lately. The US Copyright Office has issued guidance on the subject which can be found here:

https://www.copyright.gov/ai/

The important legal point is that copyright registration...
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3 Answers | Asked in Bankruptcy, Consumer Law, Contracts and Copyright for Washington on
Q: is there a place I can find open source data for documents involved in a case's document discovery process?
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Apr 8, 2023

No. Discovery requests are not filed as a public record, unless, and only to the extent that, the same are controverted and a protective order is sought. The same is true of documents produced in response to discovery requests. Only after culling, and if a judge permits, are documents produced... View More

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3 Answers | Asked in Copyright, Patents (Intellectual Property) and Trademark for Washington on
Q: I want to know what I could do to make my Idea safe? It’s Build a Bong, similar to today’s Build a Bear but this is 420.

Do I need patent?

N'kia (NLN)
N'kia (NLN)
answered on Apr 1, 2023

Generally speaking, "patent" applies to inventions; "trademark" applies to names, taglines, logos, and other things that identify the source of a specific product or service; "copyright" applies to original works of authorship; and "trade secret" applies to... View More

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3 Answers | Asked in Copyright, Patents (Intellectual Property) and Trademark for Washington on
Q: I want to know what I could do to make my Idea safe? It’s Build a Bong, similar to today’s Build a Bear but this is 420.

Do I need patent?

James L. Arrasmith
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answered on Apr 2, 2023

Protecting your idea for "Build a Bong" can be done through various means, including filing for a patent or trademark, or keeping it as a trade secret.

If you want to prevent others from making, using, selling or importing your invention, then you may consider applying for a...
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2 Answers | Asked in Business Law, Consumer Law, Copyright and Internet Law for Washington on
Q: Is it legal to build software that crawls the public Reddit posts of someone and derives statistics/patterns from it?

Basic idea: while browsing online, people come across others that appeal to them in some way (insightful post, match in interests, etc). Normally, a long process of scanning through their content is then needed, to see if they match enough to be worth further effort.

My idea is to create... View More

Robert Kost
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Robert Kost
answered on Nov 1, 2021

On the face of it, there is nothing in your proposal that would infringe copyright rights or constitute an invasion of privacy. None of the refinements offered in items 1 to 3 really affect the answer substantially. You will want to look carefully at Reddit's terms of service (including... View More

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1 Answer | Asked in Copyright for Washington on
Q: Is it legal to make prints of illustrations within books published before 1924 and sell them online?

I read online that books published before 1924 in the U.S. are in the public domain.

Marcos Garciaacosta
Marcos Garciaacosta
answered on Oct 23, 2021

Depends. You should consult with an attorney.

Most books have several layers of rights and owners, so even if images are public domain, where the images are may still have property rights.

1 Answer | Asked in Business Formation, Business Law and Copyright for Washington on
Q: If I purchase nfl stickers and used them to decorate masks to sell would that be copyright infringement?

I am thinking of decorating masks with nfl stickers and then selling them on a craft website.

Marcos Garciaacosta
Marcos Garciaacosta
answered on Sep 20, 2021

Very likely. Consult with an attorney.

1 Answer | Asked in Copyright for Washington on
Q: Can I sell a recording of myself playing a piano piece?

I want to know if the following would be legal: A client is preparing for a musical theatre audition and wants to practice her audition selection prior. If she sends me her song selection and I purchase the sheet music and record a small sample of me playing the piece on the piano, can I charge her... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on May 19, 2021

You can infringe somebody's copyright even if you do not make any money or do not charge money.

1 Answer | Asked in Copyright for Washington on
Q: Can a fire dept. use an image based on Rocket from Guardians of the Galaxy as their station logo? (FF's = Guardians)

I am Logistics Chief of a mid-sized fire department. To encourage camaraderie at the fire stations, personnel are encouraged to come up with a station logo / mascot. One station in particular at my department has a main response area that covers the "gate" of a major military base.... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Jan 13, 2021

You should ask nicely to Marvel. They may say yes.

1 Answer | Asked in Copyright and Intellectual Property for Washington on
Q: If my painting was used on a blog with my permission, can another online publication use same image if I own copyright?
Timothy John Billick
Timothy John Billick
answered on Dec 28, 2020

It depends on what rights you gave to the blog, and if your subsequent usage would exceed those rights. Talk with an experienced copyright lawyer.

1 Answer | Asked in Copyright for Washington on
Q: Can a screenshot of a show be used as an artistic template that is then sold as my art?

If I take a screenshot of a show, say Game of Thrones, and then draw over it in a photo editing software, is it against the law to sell the art? Copyright infringement or something else?

Allison Higgins
Allison Higgins
answered on Nov 23, 2020

It depends on how similar your drawing is to the original photo. Merely tracing the photo in an animated format, as is the latest craze, is copyright infringement. The standard for copyright infringement is "substantial similarity" and this situation would likely fall under that.

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Washington on
Q: In a trademark, can I protect future additional goods & services that are in progress & haven't been created yet?

I'm planning on creating a book series in which I want to trademark the title. I'm also currently creating a video game to add to this franchise. In the future, I want to file another application to extend my trademark to not only protect my books, but my video games too.

Since... View More

Allison Higgins
Allison Higgins
answered on Nov 12, 2020

Hi there! It is great that you are thinking about IP protections from the very beginning.

From a trademark standpoint you have limited options that far in advance. You can file trademark registrations for things that are not in commerce yet (called an intent-to-use application), but the...
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2 Answers | Asked in Copyright and Trademark for Washington on
Q: Can I put anime designs on t shirts and sell them with the anime title in the name?

I'm trying to design some t shirts based off of anime. However, they are simply inspired by the anime. For example, its not an entire picture of naruto or anything, but like a blue swirl and some yellow and orange lines for naruto. I don't think the designs infringe on any copyright and I... View More

Floyd Edwin Ivey
Floyd Edwin Ivey
answered on Oct 17, 2020

Re: Copyright, your phrases :"...based off or anime..", "..simply inspiredly the anime...", "I don't think the designs infringe..." , "...I am the one creating..." may show willfulness and are troublesome regarding Copyright Infringement. It may be... View More

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