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Oscar Michelen

Oscar Michelen’s Answers

1,152 total


  • Took pics of a relatives wedding and they have posted them on facebook without my consent. Can I sue for copyright infringement

    I did give the photos as a gift, but did not give permission to post them.

    Oscar’s Answer

    Really? You gave it to them as a gift why do you care that they have posted them on FB? What did you think they were going to do with them? In any event, they could well argue that they have at least an implied license from you to display the pictures since any reasonable person would assume in today's age that this what they would want to do with the pictures. This is not legal advice but: Be happy that they enjoyed your gift so much that they want to share it with their friends.

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  • Someone asked me to make their little girl a SnowWhite dress like the one in the movie. Can I legally charge for this service?

    Presumably, if I purchase a Disney pattern, I can legitimately make the dress for my friend and charge for my seamstress services. If Disney does not sell a pattern, however, can I buy a pattern for a basic dress and adjust it to look like Snow ...

    Oscar’s Answer

    I am sure Disney sells a pattern for their official version of a Snow White dress. They license everything else why not this.If you buy that pattern you will likely see that it prohibits the commercial re-sale of the dresses made from the pattern without express permission from Disney. That being said, a one-time sale of a dress you made from their pattern is not the kind of trademark infringement that Disney will pursue even if they somehow come to hear about it.

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  • If I want to put some quotes from famous people are there any restrictions to that? And can I use a picture of them with quote?

    If I want to put quotes from Michael Jackson or some other famous person on my website and then quoting the person, is there any legal restrictions with that or is that totally legal? Also, if I want to put a picture of Michael Jackson with the...

    Oscar’s Answer

    Quotes are generally not protected by copyright as they are too short to constitute a "work." If they are trademarks however, then it doesn't matter how short they are (Think "Got Milk? or "Just Do It.") Images are protected by the right to privacy and publicity of the person shown in the images as well as by the copyright in the image itself. So you would need permission to use the image but probably not need permission to use the simple quote. Either way, whenever you decide to start a business, but especially when your business requires the use of someone else's intellectual property, you should sit down with a qualified lawyer in your area to get a consultation on how best to proceed.

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  • Am I able to use songs for a non-profit video?

    I work for a local animal shelter and we post adoption videos weekly on our social media sites of the available pets. We like to put the videos to songs that seem to fit well with each pet. We don't sell the videos or make any profit from them. Do...

    Oscar’s Answer

    Just because you are a not-for-profit does not mean that this intended use is not a commercial use of someone else's intellectual property. There is no "charity exemption" defense. So you would need to get permission form the rightsholder(s) for each song you intend to use on each video. My suggestion is looking for artists who do volunteer work or are spokespersons on animal rights issues - they may be able to convince their record labels (who likely hold the rights) to let you use their songs cheaply or for free.

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  • Question about an image on my website, in which a company is claiming it to be a copyright violation...

    I have an image on my website that was obtained through some free image database. I just received an email from Getty Images stating that the image belongs to them, and that simply removing the image will not suffice, they want me to pay for the ...

    Oscar’s Answer

    They have a claim but the issue is what is the claim worth. Having represented over 1,500 businesses on these claims at this point since 2008, I can state that sometimes Getty pursues these claims and sometimes it doesn't, Do some research on the Internet there are many sites devoted to this issue which offer you advice on how best to proceed when confronted with this claim.

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  • Do I need a entertainment lawyer? my uncommon first name was used in a movie as a ships name.

    my name is Nebuchadnezzar, the ship in the matrix was The Nebuchadnezzar. which was the ship in the movie

    Oscar’s Answer

    My name is Oscar - can I sue the Academy Awards?

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  • How would I find a lawyer to assist me in music placements for film and television show?

    Looking to place instrumental music for film and commercial cues. Also any other productions that seek sound.

    Oscar’s Answer

    An entertainment lawyer can help yo with any placement agreements; copyrighting your music; explaining licensing fees etc but its an agent that will help you get your music placed. You can also join song-writing and composition houses like Arthouse Entertainment that can help

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  • My husband put legal bills of $9000 on my credit card without my knowledge. What are my options?

    My husband put legal bills of $9000 on my credit card without my knowledge. The credit card company closed the account when I reported it, and opened a new one but still transferred the charge to the new card. I believe they should have just froze...

    Oscar’s Answer

    If it was a joint credit card there might not be much you can do. I suggest you immediately search for and retain a lawyer yourself and have them deal with this issue through your upcoming divorce

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  • I am a practicing photographer and I get a lot of influence from the music I listen to.

    Some pictures I take are directly derived from how I interpret the meaning of the song. So, to add deeper meaning for people who view my work I title the picture after the song. This is how I type the title of the song "Somewhat Damaged" or "Middl...

    Oscar’s Answer

    Titles to songs are not copyrightable and most of them are just English words strung together with their own meaning like "Middle of the Road' Sure its song title of the Pretenders but it is also a common English phrase. Short phrases and slogans are not copyrightable but they can be protected by trademark (think of "Just Do It") So I think you are okay doing what you described in your query

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