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    Trademarks: Re: Sports Photography and Rights to Publish

    The press pass is basically an agreement between you and the venue that you are taking pictures for news purposes. If you start printing posters of your photos they can come after you.
    The second...
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    Patents: Re: Can I Get Sued for This

    It's quite possible that "heart of the ocean" was not protectable by copyright because it's not creative enough. It's essentially a heart cut blue stone in a ring of traditional table cut diamonds. ...
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    Copyright Law: Re: Copyright: Use of Diagram from a Book on Website

    I was with you until you said your website describes the business services you offer.
    One of the fair use factors is the nature of the use. Creative or educational purposes are more likely to be...
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    Copyright Law: Re: Photo in Nature Video Copyright Question

    Are you certain the person who posted it had the copyright? Unfortunately your only choice is to get permission, not use it, or use without permission and risk being sued for statutory damages.
  5. Moving Out: Re: Do I Have to Pay a Rent Increase if I Terminate My Lease

    I'm a little confused on the timing here.
    Did they give notice of the raised rent before you gave notice you would be leaving?
    If they gave you notice and you turned around in a reasonable time and...
  6. Moving Out: Re: Do I Have to Pay a Rent Increase if I Terminate My Lease

    I'm a little confused on the timing here.
    Did they give notice of the raised rent before you gave notice you would be leaving?
    If they gave you notice and you turned around in a reasonable time and...
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    Copyright Law: Re: Joint Copyright vs. Performer's Rights

    If you are a joint copyright holder in a sound recording, you can distribute, copy, make derivative works, and all of the other rights attaching to copyright.
    So can the other joint author. You...
  8. Sex Offenses: Re: Computer Seized With Deleted Child Pornography Files

    I understand him having a disagreement over moral, or over the appropriateness of the law. However, he can't (though he seems to be trying) argue about what the law IS. It IS true that a video of...
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    Copyright Law: Re: Joint Copyright vs. Performer's Rights

    I don't have enough information to give a good answer.
    Let's start with the basics: The copyright to a sound recording belongs to the performer. In the case of a band, the members will be joint...
  10. Sex Offenses: Re: I Am in Trouble for Possessing Child Pornography

    Although you are clearly aware now that you might be involved in a criminal investigation and if you are wiping your hard drive you could be additionally charged with destruction of evidence. You...
  11. Getting Fired: Re: Early Termination, Employer Collecting Damages

    I don't see damages clauses often in employment contracts. More often there is something about how much notice you have to give and if you don't give enough you might have a liquidated damages...
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    Foreclosure: Re: Invalid Deed Under Bankruptcy

    As a general principle, a contract is enforceable against the party who signed it. (they could just sign it now, in theory)
    If you wanted to enforce it you would have a very hard time since they...
  13. Business Disputes: Re: Choosing a Business Name With a Possible Conflict

    You don't have to register in order to get protection, it just helps a lot.
    The first question I'd ask is what's your product/service and what's theirs?
    The key to trademark is that the name lets...
  14. Copyright Law: Re: Is Publishing a Summary of Concepts from a Book Copyright Infringement

    Copyright protects the expression of ideas, not the underlying ideas themselves.
    Of course there may be other rights underlying the books and you should check with an IP attorney before trying this.
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    Copyright Law: Re: Posting Pictures and Videos to a Weblog

    The only way to do so safely without asking permission is to research heavily and only use images that are in the public domain or have a license akin to a Creative Commons share alike license.
  16. Getting Fired: Re: Early Termination, Employer Collecting Damages

    I don't see a provision in the contract for damages or concerning your right to terminate the contract.
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    Assault & Battery: Re: Second Degree Assault Charge

    unless and until charges are actually filed against you, there's nothing you can do.

    If you were just a witness to the accident, why were you out of your car and yelling at (and apparently...
  18. Thread: Author Craft

    by LyonLegal
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    Copyright Law: Re: Author Craft

    "original work" sounds good, but I would check other websites with terms and conditions and see what they use.
  19. Copyright Law: Re: Can Photos of Paintings Be Downloaded to a Website Without Violating Copyright

    What he is saying is that a painting has a copyright attached when created. A photograph of that painting probably does not (note, case law is generally only controlling where the court has...
  20. Thread: Using Photos

    by LyonLegal
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    Copyright Law: Re: Using Photos

    some words you should add to your searching are "public domain" for pictures that are up to be used by anyone, and "creative commons" for photos that will have uniform licenses attached that might...
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    Trademarks: Re: How to Find Out About Names

    Sounds like you found a conflict.
    Does the registration disclaim the MyMagazineName?
    If they do, then you probably could use it because it's probably a generic or descriptive name.
    For example if...
  22. Re: Custody of Non Biological Child, and 2 Other Children

    If you do get served, you should contact a lawyer immediately.
    He has a tough row to hoe if he's going to try to get sole custody, though modification may be possible.
    As with him, if you file for...
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    Roommates: Re: Ex-Roommates Owe Us Money

    I think what he was saying was that it sounds like you have a decent chance of winning in court.
    Then you will have a piece of paper from a court that says they owe you money.
    Collecting the money...
  24. Trademarks: Re: Is Grandfathering a Defense to Trademark Violation

    If there are 1000s of vendors I wonder that none opposed the registration back in 2005.
    I suppose you could try to file for a cancellation of the registration.

    The process you describe though,...
  25. Copyright Law: Re: Use of Images for Japan's Tsunami Relief Efforts

    I think you mean if you produce a derivative work based upon someone else's copyrighted work.

    Your authorization always applies only to what you own (your contribution or if the copyright was...
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