Oscar Michelen’s Answers

Oscar Michelen

New York Commercial Real Estate Attorney.

Contributor Level 16
  1. Cease and desist letter received from Getty Images for possible copyright infringement

    Answered about 6 years ago.

    1. Oscar Michelen
    2. Daniel Nathan Ballard
    3. Jefferson Hampton Coulter II
    4. ···
    7 lawyer answers

    The "Getty Barrage" of letters has been going on for some time now. They employed a firm to do a web scouring for their images and have sent letters out to all commmercial sites that have any Getty images on them. This is very likely just an attempt to show an effort at enforcing and declaring their copyright for images for which they may not have filed copyright protection. So, the main issue has been whether Getty has a filed copyright for the images they are talking about in their letter....

    7 lawyers agreed with this answer

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  2. NYC Public Urination Penalty

    Answered over 5 years ago.

    1. Oscar Michelen
    2. Benjamin Yu
    2 lawyer answers

    It is a violation of the adminisitrative code and not a crime so it does not go on your record. Normally when you appear you pay a fine (from $25 to $100)and go home. Just don't ignore it so that a warrant doesn't issue due to your non-apperance.

    35 people marked this answer as helpful

  3. Cease and desist letter received from Getty Images for possible copyright infringement

    Answered about 6 years ago.

    1. Oscar Michelen
    2. Daniel Nathan Ballard
    3. Jefferson Hampton Coulter II
    4. ···
    7 lawyer answers

    Please see our site that relates directly to this issue for further information. This barrage is continuing and we are repesenting a number of companies that are taken a united stance against Getty. I have attached a link to site

    6 lawyers agreed with this answer

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  4. I'm an entertainment professional, who sells his comedy DVDs. You tube has been posting the entire videos. Can I sue?

    Answered about 1 year ago.

    1. Oscar Michelen
    2. Michael P Matesky II
    3. Jeffrey S. Marlink
    4. Daniel Nathan Ballard
    5. Michael Charles Doland
    6. ···
    8 lawyer answers

    When you say YouTube has been posting them, you mean You Tube users not You Tube itself I presume. Under the DMCA, YouTube is only responsible if they do not take them down after receipt of proper notice. I suggest you contact a lawyer in your area immediately to assist you in protecting your rights in your content. A letter from a good entertainment/IP lawyer can go a long way to getting quick results.

    13 lawyers agreed with this answer

  5. NY criminal code, punishment and sentence for 2nd degree criminal trespass

    Answered almost 6 years ago.

    1. Oscar Michelen
    1 lawyer answer

    Its always complicated to answer what seems like a simple question - "what can I get for ..." because criminal law is not as clear cut as folks might think. Crim trespass 2nd Degree is a class A misdemeanor punishable by up to a year in jail, $1,000 fine, 3 years probation.. But if it is your first arrest, it is highly unusual to receive jail time for a misdemeanor trespass which are usually plea bargained down to a lower offense, like simple trespass. SImple trespass is a violation and not...

    2 lawyers agreed with this answer

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  6. Do I need to pay licensing to use an original design inspired by a copyrighted one? (i.e. "star wars")

    Answered over 2 years ago.

    1. Oscar Michelen
    2. Andrew Kevin Jacobson
    3. Barry Franklin Poulson
    4. Mario Sergio Golab
    5. Michael Charles Doland
    5 lawyer answers

    Not a good idea. "inspiration" and "infringement" are near each other in the dictionary and the law. LucasFilm is also a very aggressive trademark and copyright litigator. Your own question tells you why you will likely have problems if you do this and they find out about it. You want buyers to associate your product with their films, that's the whole basis of your design and business model. Trademark law (and copyright law) is meant to prevent this kind of "trading" on the intellectual...

    12 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. What is the new York state equivalent of a federal 5k1?

    Answered over 2 years ago.

    1. Benjamin J Lieberman
    2. Oscar Michelen
    3. Joseph A Lo Piccolo
    4. Richard C. Southard
    4 lawyer answers

    NY does not have a 5K1 statute or anything like it. Each case has to be worked on separately with a cooperation agreement. Your defense lawyer must contact the DA to see if they are interested.

    10 lawyers agreed with this answer

  8. I told my girlfriend that if she ever breaks up with me, I am posting naked pictures of her on the internet. Is that legal?

    Answered 9 months ago.

    1. Oscar Michelen
    2. Michael Kevin Cernyar
    3. Andrew Mark Jaffe
    4. Ripal Patel
    5. Rixon Charles Rafter III
    6. ···
    8 lawyer answers

    It could very well be illegal under California's new "Revenge Porn" law passed in October of this year. In addition, depending on where you place them and/or how you use them, they may violate California's very strict right to privacy/right to publicity laws. Finally, it is a morally reprehensible thing to do and a very crappy way (for lack of a better legal term) to maintain a rleationship - but that's not really legal advice, just my opinion. In short, don't do it.

    11 lawyers agreed with this answer

  9. Can I sell my skills rather then the image I'm recreating? Can I get a commission for painting Mickey, the Hulk, etc. on shoes?

    Answered almost 2 years ago.

    1. Oscar Michelen
    2. Philip Leon Marcus
    3. Maxwell Seaton Felsheim
    4. Bruce E. Burdick
    4 lawyer answers

    There is no 90% rule. Companies and individuals that own copyright and trademark in deisgns and images also own the right to make derivative works. Your work would have to be sufficiently "transformative" to be a successful defense to any infringement claim and that would be your burden to prove in court when you got sued by the rightsholders. Also chances are your clients are asking you to reproduce these images so that they are recognizable for who and what they are. They are not going to...

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  10. Can I own a general idea for a filmscript? I don`t have a script for it.

    Answered about 2 years ago.

    1. Oscar Michelen
    2. Alexander H Butterman
    3. Maurice N Ross
    4. William Leroy Montague Jr.
    5. Jay Bernard Ross
    6. ···
    6 lawyer answers

    An idea is not copyrightable. Its when you put that idea into a form of tangiblle expression, like a treatment or a screen play. Titles are almost never copyrightable (unless they become a trademark or there are sequels involved) Take a screenwriting class online or buy any of a number of books that tell you how to do it. Or pay a screenwriter (look on craigslist and get an agreement crafted by an IP lawyer first) But you have miles to go before you can convert an idea into a pay off but then...

    10 lawyers agreed with this answer