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Marvin Cable

Marvin Cable’s Answers

16 total

  • Can I sue a person for stealing my original drawing to use on products for sale?

    I own an online business designing and selling t-shirts & gift items, and have discovered our original drawings on another site on products for sale. I have screenshots of the images with this business claiming it to be their creation. My design...

    Marvin’s Answer

    You should contact a lawyer ASAP because you have a good case and can recover damages (money). Most lawyers will not charge you much, and may not charge you at all (and work out a contingency fee agreement).

    BUT, first things first, copyright register your drawing right away! This is very important.

    And, to answer your questions: YES, you recover money, but not as much as if you would have registered it before the infringement occurred.

    Feel free to contact me - I am a MA lawyer whom specializes in this stuff. 413-268-6500.

    Good luck!!

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  • Compensation?

    I have been diagnosed with two tumors in my scalp 15 months ago in the first visit to the doctor in MGH Boston they benign inclusion cyst or sebaceous cyst. But when you increase the size of the tumors went to a cancer doctor in boston medical...

    Marvin’s Answer

    First of all, sorry to hear about this. You may have a claim, but unfortunately theres a LOT of factors involved here. The best thing to do is to get your medical records and figure out who is involved, e.g.. nurses, doctors, anyone on your medical records. The next step is to see if anyone made a mistake resulting in legal liability.

    To go through this analysis, best see a lawyer, most will do free consults because of the nature of your case.

    I hope things work out for you.

    ~Marvin (413) 992-6272

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  • I slipped on something while skating at my local roller rink and broke my arm in two places. is there any recourse?

    my daughters noticed a slick spot on the floor where i slipped . i am trying to get a pix of that . the rink was wonderful at getting the ambulance there , but i don't know if the floor has been maintained properly .

    Marvin’s Answer

    Feel free to call my office. Sounds like you may have a claim.


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  • My finances name is on our INTERNET account and we received a subpoena on copyright infringement . Will she be responsible ?

    It is a civil case but will it go criminal? Can someone else take the blame?

    Marvin’s Answer

    This is NOT a scam, and may be very serious (not criminal, though). I would NOT rely on websites like the above given -- while well-intentioned, the commentaries on those sites are not made by lawyers and are usually a outdated and give bad advise (I have seen people really get screwed-over because of the above advice). Also, each jurisdiction is different. One Court may not like these cases and chose to dismiss the case and others will allow them to continue. For example, in TN, where you are, the lawsuits are thriving.

    I have worked dozens of these cases on both sides of the fence. The best thing to do is to find an attorney in your area who knows these cases and knows the local district court judges. Check the eff subpoena list. Then, you should ask your attorney to file a motion to quash.

    Lastly, this goes without question, if you do not take action you could find yourself subject to a default judgement. While many of the anti-copyright attorneys (like the above) believe these cases are dying and like to thumb their noses at them, there are lots and lots of default judgements occurring under their noses. I've seen them range up to $150,000. On average, I'd say they are around $10-30k.

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  • Have my copyrights been infringed on?

    I was informed of a filming taking place in my city of a popular, national TV show by someone I'll call X. I shot pictures of this filming taking place. I gave permission to X to put the pictures on their fan website as a gesture of thanks. Anothe...

    Marvin’s Answer

    I regularly deal with this exact issue.

    Most of the time, the use is NOT fair-use. Also, whether or not it is fair use can be hard to determine. While there is a some instances where it is very easy to determine whether it is fair-use, many time it's not, AND the person using the image bears the responsibility to prove why it is fair-use.

    If I had to guess from your description, the use is not fair use and violates §106 of the Copyright Act. You may the option of sending a DMCA take down notice or suing the violator in federal court.

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  • My website has been cloned. The responsible of this case of Infringement as authorized in § 512(c) of the U.S. Copyright Law

    has restricted his contact information as a private subscriber of a company located in Washington. I'm in Florida and contacted the company who has this information but refuses to provide it to me unless I present a "subpoena". How should I proce...

    Marvin’s Answer

    Well, you definitely have a case. The question is whether you registered the copyright to your site before it was infringed. The answer to that question makes a difference as to what attorneys what to get involved. You should, however, contact a copyright attorney ASAP, as he/she can take care of this very easily and will probably do so for very little cost if at all.

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  • I wrote a book about Autism in relation to my son. In the book I list the medications he is taking.

    I also list hospitals he has been admitted to. The publishing company wanted me to verify if this information counts as references to brand names

    Marvin’s Answer

    It does contain brand names. But, as long as you are truthful or do not mislead readers about these events, mentioning these names should not be a problem.

    Typically, in these situations, I advise writers to change names or likenesses to the extent that they are not recognizable to the average, informed person.

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  • Can I share a copyrighted photo from someone else's page? I left the watermark logo and tagged the owner in the picture.

    From photographers Facebook page

    Marvin’s Answer

    Not without photographers permission. Some of my clients are photographers who have their works posted on other pages -- you should know that some photographers will be seek legal recourse, others may not. Best advice: contact the photographer and ask for permission to use it. It's not worth the risk -- the cost of defending yourself in a copyright claim could be thousands of dollars for one simple photo.

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  • Can an attorney make up their own reviews and post on this AVVO site?

    I primarily relied on AVVO to hire my attorney and the reviews online are not matching the attorney I hired at all. He has been verbally abusive, never responds to emails/phone calls, and the bill charges do not match my phone records. Is there ...

    Marvin’s Answer

    Sorry to hear this. As a lawyer, I like to think a lawyer is more than an "advocate" during such tough times. Before resorting to anything rash, consult with your attorney and see if the billing errors were simple mistakes, and ask why it takes so long to respond back to you. Many times things can be cleared up very easily.

    Otherwise, you should consider filing a complaint. Only do this as a last resort.

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  • Domain name question

    Good Morning. I am planning to purchase a website. Let's call it Now let's assume that John Smith is an actual person, a well known person but not quite a celebrity. On my website (, i make fun of John Smith. Are...

    Marvin’s Answer

    Barry is correct.

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