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Oscar Michelen

Oscar Michelen’s Answers

1,163 total


  • As a freelance Creative Director, who owns the rights to intellectual property if there was no hire for pay contract agreement?

    3 months ago I began working freelance for a startup jewelry company, on a project by project basis. As they are a small company, I end up doing a lot more that I was hired to do. which is fine because I love what I do and have had a measurable im...

    Oscar’s Answer

    Yes they should have asked you to sign this beforehand but they are asking you to sign it now. I don't know if what you did for them is copyrightable as that can't be analyzed in a forum such as this. You may be able to negotiate more money for a release or assignment of your IP rights ( if any). An experienced IP lawyer in your area needs to meet with you see the paperwork and give you a consultation to give you a definitive answer and sound advice on how to proceed. .

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  • Legal consultation on an issue of intellectual property (IP) law –question 1

    I am a researcher in a US Univ. A. Our lab, lead by Prof. B, invented a medical imaging device P and was patented through B&A. I am the major person developing the device. B wanted to collaborate with a Chinese Univ. C and a Chinese company D (D s...

    Oscar’s Answer

    I agree with Mr. Cogan that this does not seem consistent with export regulations. As great as Avvo is,its not a place for a question like this which is highly technical and depends on many factors. You will need to spend some money and get a consultation from an experienced patent lawyer in your area.

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  • Will our use of a copyrighted song fall into fair use?

    (1) In order to reproduce the real scene and the historical background (1970s) in our movies, we plan to use the most familiar/popular music at that time. (2) Can our actor sing a cappella of a copyrighted song in our movie?

    Oscar’s Answer

    You've gotten a lot of good answers here but Mr. Doniger hit the most important point. You are an artist yourself - would you want to have someone re-use your movie once its completed - especially if it had become popular? No of course not - so don't look for ways to get around giving fellow artists their due for their creativity.

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  • How much time can you get for molesting a child with special needs?

    My friend's daughter was molested by her step father but he has a history of two other times of hurting this same child. ACS and SVU is involved so how much time is he facing

    Oscar’s Answer

    As every lawyer he has told you no one can answer this without more details. but DO NOT put those details on this forum. Have him schedule a consultation with an experienced attorney in his area that does criminal defense. Make sure that attorney has had experience handling these types of matters as they are very dangerous and expose the defendant to a lot of jail time and sex offender registration

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  • Can I sell public domain photos taken from government websites?

    I am a military journalist and all the photos and videos I produce are put onto a public domain website, dvidshub.net third parties have been downloading my products, and thousands of other journalists products, and reselling them. Is there any le...

    Oscar’s Answer

    It may depend. Are you a government employee or an independent contractor? Works created BY the government fall automatically into the public domain. If a US government agency hires an independent contractor to produce a work for it, and the contractor assigns his or her copyright in the work to that agency the work won’t have been produced by an official or employee of the government, so the copyright exclusion won’t apply. The government, instead of the contractor, will be the copyright owner. Depending on the terms of the assignment it may be a license to the gov't and the contractor may be the copyright owner. The Copyright Act specifically states that the United States Government is not precluded from receiving and holding copyrights transferred to it by assignment, bequest, or otherwise.But assuming that the work is in the public domain which is most likely, Nothing prevents someone from making a commercial gain off of public domain documents. That's West Publishing entire business model basically. Like most folks who do this type of business, they add a disclaimer that reads as follows: " © 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works." That tells folks they are using public domain stuff in their material. So the folks re-selling those videos and photos are free to do so but they cannot claim copyright over them as they belong to all of us.

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  • Is watching animals have sex online illegal. My freeing was doing it and he was wondering

    He is scared please give answers

    Oscar’s Answer

    If you mean watching animals having sex with other animals the answer is No. If you men watching people have sex with animals the answer is "Maybe" as laws against bestiality pornography vary from place to place. But it is rare that anyone is prosecuted for merely watching (as opposed to distributing or downloading and sharing) bestiality. He should refrain from this activity in the future either way.

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  • In regards to a lawyer changing judges in a criminal case for their client, is this scenario possible? Thank you

    In regards to a lawyer changing judges in a criminal case for a client, is this scenario possible? The attorney said he was changing Judges in the case, not due to any conflict the Judge has, but because he felt the new Judge would be faster to br...

    Oscar’s Answer

    Attorneys cant change judges on a whim or whenever they want. In Suffolk, judges are assigned randomly to a case and then the case is generally theirs all the way through trial unless there is a conflict. Believe me if attorneys could judge-shop like this, it would be happening all the time especially in Suffolk. So I think something else is going on and you are not getting the whole story from your lawyer. You can access the court case on a website called webcrims type in the defendants name and the county where the case is pending and it will show you court dates, appearances, motions pending etc.

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  • So I send a couple x rated pictures on a site where you had to be 18 to enter. I haven't been charged with anything yet

    So I sent the pictures believing that the person was over 18. Can I get into trouble about this?

    Oscar’s Answer

    I take it from the question the person(s) in the images were under 18. So the answer is Yes - it is illegal to disseminate pornography involving individuals under the age of 18. Do not discuss this further on any public forum and do not take any action right now other than speaking to a lawyer in your area who does criminal defense. Its impossible to say whether you will be contacted by law enforcement about this - you may or you may not but its best to be prepared.

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  • I'm thinking in produce toy figures with historical scientist, they will be commercialized with crowdfunding ¿Is this legal?

    Scientist are: Einstein, Darwin, Tesla, Newton, Carl Sagan, Valentina Tereshkova and Mary Anning, also a comic book is planed. Which are the legal procedures to make this right?. Any help will be greatly appreciated. Thanks!

    Oscar’s Answer

    Some of those scientists still have publicity and privacy rights- some don't. You would need permission to make figurines based on their names and likenesses. Also, if you are using a photo or painting to make the figurines, you may need permission from the copyright owner of the original image. Before you launch any business, but especially one where your business model relies on other's intellectual property, you should sit down with a lawyer in your area and get legal advice.

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  • Image licensing and derivative works

    Lets say John took at digital photograph of a bird and licensed the image to Mary for use in a commercial software product, but Mary forgot to get a the right to create derivative works (she has the right to include the image in a collective work)...

    Oscar’s Answer

    Jane cannot derive rights in a work which she does not own or have license to use unless the work is transformative and not merely derivative. If Mary had the rights and allowed Jane to make the changes then Mary could argue that Jane's work was a "work for hire" provided the elements of that legal standard are met. which without a contractual relationship would be difficult. Maybe since they are friends, Jane will now sign a work for hire agreement or an assignment of any rights she may have in the derived work if Mary gets the proper license retroactively from John. Two important points: (1) Without seeing the original image and second image, no attorney can give you an opinion of whether the work is derivative or transformative or anything else, So you need to sit down with an IP attorney in your area (2) You are selling a commercial software product. You are using other people's intellectual property to market that product. You should seek paid legal advice before you put the product out there with other people's images. Then you woudl not have to come to Avvo after the fact looking for free advice. Just saying.

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