Maurice N Ross’s Answers

Maurice N Ross

New York Intellectual Property Law Attorney.

Contributor Level 20
  1. Do I need license for using a bollywood song in an app I have designed? Song is very old, the singers, composers are not alive.

    Answered over 1 year ago.

    1. Maurice N Ross
    2. Ivan Jose Parron
    3. Edwin Drantivy
    4. Bruce E. Burdick
    5. Bartley F Day
    5 lawyer answers

    You probably cannot use the song without a license from the copyright owner. Copyright protection lasts a long time (for example, for songs created prior to 1976 where copyrights are owned by companies, the copyright can last for 95 years). In particular, you need a synchronization license from the copyright owner (and probably the copyright owner's publisher). Absent a synchronization license, you cannot use the song in your app. Also, you need to enter into an artist agreement with the...

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  2. How can one best protect against trade dress/trademark infringement if one creates a public web site as described below?

    Answered almost 3 years ago.

    1. Maurice N Ross
    2. Mario Sergio Golab
    3. Molly Cristin Hansen
    4. Andrew Kevin Jacobson
    5. James Juo
    6. ···
    7 lawyer answers

    The issue here is whether copyright protection in the design of Facebook's site would be infringed by this parody news site. My best guess is that this would be protected under the fair use doctrine. However, fair use and parody requires a sophisticated, complex analysis. If you are attempting to engage in political or social commentary, you have a much better chance of success in sustaining this defense than if your use is for what appears to be more commercial---such as comedy. There is...

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  3. Can we use the NFL (National Football League) logo for contest giveaways?

    Answered about 2 years ago.

    1. Maurice N Ross
    2. Paul Karl Siepmann
    3. Michael Charles Doland
    4. Luca Cristiano Maria Melchionna
    4 lawyer answers

    No way. The disclaimer will not help you. The NFL is super aggressive in enforcing its trademark rights-----it makes hundreds of millions in licensing fees from this trademark, and it licenses the trademark to companies for "official events" or as "official sponsors" on a regular basis. This is a sure ticket to an expensive law suit. You might have technical defenses in such a law suit, such as fair use, or that there was no consumer confusion. But by the time you successfully defend...

    13 lawyers agreed with this answer

  4. I wrote a story (it has copyrights) & the catalog that sells it wrote a work book based on it without permission, What can I do?

    Answered almost 3 years ago.

    1. Maurice N Ross
    2. Bruce E. Burdick
    3. Mario Sergio Golab
    3 lawyer answers

    You need to immediately retain copyright litigation counsel to enforce your rights. While it is possible that this can be resolved by negotiation, your position would be significantly enhanced if you were represented by counsel who could threaten litigation. the "catalog" company seems to have infringed your copyrights by preparing a derivative work based on your original work.. Their offer to pay royalties is too little--too late. They should have obtained your permission before engaging...

    14 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. Need New York Entertainment Lawyer: How do I copyright and distribute my vocal music demo?

    Answered over 2 years ago.

    1. Maurice N Ross
    2. Ivan Jose Parron
    2 lawyer answers

    You are asking the wrong question. Getting a copyright registration for your master recording is easy. You can do it tomorrow. But this does not mean that you can distribute and sell your recording without infringing copyrights owned by others. You will need to obtain several licenses, First, you say that you recorded jazz standards. I assume that this means that you and your band mates were not the authors of the songs that you recorded. Instead, you "covered" music by others....

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  6. Can using this name land my company a trademark infringement lawsuit?

    Answered over 2 years ago.

    1. Maurice N Ross
    2. Daniel Nathan Ballard
    3. Merck K. Smith
    4. Trina Ann Longo
    4 lawyer answers

    You cannot expect an attorney to give you a trademark clearance on this web-site based on the limited information that you have provided. However, there is a significant risk in a situation like this that your company would be sued for trademark infringement. The test is whether there is a likelihood of consumer confusion---and in the example that you give there clearly would be consumer confusion. Most importantly, when you engage in branding for a new company, it is one of the most...

    11 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. Can a photographer we paid use my family's, minor included, pictures on their website and facebook page without any consent?

    Answered over 1 year ago.

    1. Maurice N Ross
    2. Kerry Blasingim
    3. Frank A. Natoli
    4. Anneshia Miller Grant
    4 lawyer answers

    Maybe. This depends on the agreement between you and the photographer. Ordinarily, if there is no written agreement, the photographer owns the copyright in the photographs---and you would receive only the right to enjoy the copies he gave you. Further, the photographer may reasonably contend that you consented to his publication of the photographs. On the other hand, everyone has a "right of publicity" which precludes use of your an image for commercial purposes without consent of the...

    13 lawyers agreed with this answer

  8. Is it ellegal for club owners to by pass me, band mgr. & talk to my band members to play when i refuse a show?

    Answered almost 3 years ago.

    1. Frank Wei-Hong Chen
    2. Bryant Keith Martin
    3. Curtis Lamar Harrington Jr
    4. Maurice N Ross
    5. Daniel Nathan Ballard
    6. ···
    6 lawyer answers

    I would need to know many more facts before advising you but one thing is clear---if you you did not have written agreements with the club owner and/or your band-members, you will have great difficulty pursuing claims. While it is possible that you have a claim for intentional interference with contractual relations, you would first have to establish (a) that you had a contractual relationship with band members which would prohibit them from competing with you and the band, and (c) that the...

    13 lawyers agreed with this answer

  9. Do I need a trademark attorney? or Litigation?

    Answered almost 3 years ago.

    1. Michael Charles Doland
    2. Anthony B. Cartee
    3. James Juo
    4. Frank Wei-Hong Chen
    5. Daniel Nathan Ballard
    6. ···
    9 lawyer answers

    If you have received a cease and desist letter, then you definitely need to retain legal counsel. Trademark rights arise from use in commerce, not registration. If you can show that you began using the trademark in commerce before this company, and that the company's use of the trademark could cause consumer confusion, you might prevail. But if this company began using the trademark in its business before you, it will have the upper-hand. Registration is not the determining factor. What...

    13 lawyers agreed with this answer

  10. Do I need an entertainment lawyer? What would be the cost to oversee a theater production?

    Answered almost 2 years ago.

    1. Robert V Cornish Jr.
    2. Erach Farrokh Screwvala
    3. Maurice N Ross
    4. Eric Edward Rothstein
    5. Peter Hills Acker
    6. ···
    7 lawyer answers

    You can get paid, but there are many complex legal issues, requiring retention of a full service law firm with experience in entertainment law, corporate law, intellectual property law and, perhaps most importantly here, immigration law. Also, you need to be practical from the beginning about economics. Bringing a musical to the United States can be an expensive proposition if it is intended for a commercial (broadway or off-broadway) audience. On the other hand, if your musical is a...

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