Emily Bass’s Answers

Emily Bass

New York Copyright Infringement Attorney.

Contributor Level 13
  1. How do you transfer the rights to just one song that was copyrighted as part of an unpublished collection?

    Answered over 3 years ago.

    1. Emily Bass
    2. Bradlee Ralph Frazer
    3. Maurice N Ross
    3 lawyer answers

    Copyright attaches automatically to a work upon its creation and fixation in a tangible medium of expression. That is so even if it is never registered. The fact that you choose to register a selection of songs or "musical compositions" as a compilation, without registering your copyright in each individual song separately, does not alter that fact. You still own the copyright in each individual song or musical composition and that copyright can be transferred or assigned separately....

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  2. Can I copyright all of my artwork on my site?

    Answered over 3 years ago.

    1. Daniel Nathan Ballard
    2. Emily Bass
    3. David Oppenhuizen
    4. Maurice N Ross
    4 lawyer answers

    You can register the copyrightable elements of your website under one registration. U.S. Copyright Office Circular No. 66 explains how you can go about doing that. A couple of basic rules: Although you might think that the website would be registered as a "computer program" because it consists, in large part, of computer code, that would not be the correct classification. The Copyright Office asks that you choose the category of registration that is suitable to the particular content on...

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  3. Can I claim copy right of the interior design projects I did before while working for a design firm that went bankrupt?

    Answered almost 4 years ago.

    1. Francine Denise Ward
    2. Emily Bass
    3. Mitchell Paul Goldstein
    5 lawyer answers

    I would agree with Attorney Goldstein's analysis if I agreed with his underlying assumption. He assumes the initial Company had a "copyright" in the interior design of the space that was photographed. I think that assumption is probably mistaken for at least three reasons: (1) "Interior design" is not one of the 8 specific categories enumerated in 17 U.S.C. 102 as comprising the "subject matter of copyright." It does not come within the purview of "architectural works," in my opinion,...

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  4. What are my options once someone has accused me of violating their copyright?.

    Answered almost 4 years ago.

    1. Emily Bass
    2. Daniel Nathan Ballard
    3. Pamela Koslyn
    3 lawyer answers

    I concur with my two colleagues. I would also like to clear up a few misconceptions: an image does not necessarily have to bear a copyright symbol or have the word "copyright" visibly attached to it to be protected by the copyright laws. Any image created on or after January 1978 is automatically protected by copyright, whether or not the symbol or word is attached and whether or not the artist's or author's name is displayed together with it. Similarly, a work can be protected by...

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  5. I bought family photos at an auction. They date from the late 1800s to 1955. Can I copy & sell them.

    Answered almost 4 years ago.

    1. Emily Bass
    2. Ronee F Korbin Steiner
    3. Pamela Koslyn
    3 lawyer answers

    The photos you are talking about are covered by three different sets of copyright laws and principles: 1) Those taken between 1865 and June 30, 1909 are covered by a patchwork of federal legislation and state common law protections. (Photographs were first protected by federal legislation in the United States beginning in 1865.) 2) Those taken between July 1, 1909 and December 31, 1977 are covered by the Copyright Act of 1909. Under this law, copyright attaches upon the "publication" or...

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  6. Restaurateur using my recipe in his restaurant without my permission and refusing to stop. Do I need a lawyer?

    Answered almost 4 years ago.

    1. Emily Bass
    2. Maurice N Ross
    2 lawyer answers

    I am sorry to report, but copyright law does not protect all writings. For instance, it very clearly does not protect recipes or the "mere listing of ingredients," although it may protect a detailed written narrative or description or graphic illustrations that accompany a recipe. See U.S. Copyright Office Circulars 1 and FL-122 (revised September 2010). [A link has been provided to FL 122.] It might also protect a particular group of recipes that have been collected together as a cookbook....

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  7. I just found another person has my same first name, middle initial & last name. How do I copyright my art & poetry safely?

    Answered almost 4 years ago.

    1. Emily Bass
    2. Pamela Koslyn
    2 lawyer answers

    If your concern is whether someone else will get credit for your copyright registrations, you probably needn't be concerned for the reasons given by the previous poster. If your concern is whether there will be confusion among persons in the marketplace or browers on the Internet, that is another matter. Indeed, that is why people create and adopt distinctive trademarks ... because they don't want those viewing their creations to be confused. As far as art is concerned, attribution is...

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  8. How does it work when two authors have the copyright of a book, but one did the illustrations?

    Answered over 3 years ago.

    1. Daniel Nathan Ballard
    2. Dimitry Kogan
    3. Emily Bass
    4. Maurice N Ross
    5. Pamela Koslyn
    6. ···
    7 lawyer answers

    This is why joint or co-authors generally enter into an agreement beforehand, specifying who has what rights. As Attorney Ballard notes, however, it is NOT too late. An agreement could still be drawn up that would clarify each person's rights going forward. It should be done before much more time elapses.

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  9. When filing for FMLA you need to work 1250 hrs. in the previous twelve months, are paid vacations and paid days off included ?

    Answered over 3 years ago.

    1. Emily Bass
    2. Theodore Lyons Araujo
    2 lawyer answers

    The question of whether an employee has worked the requisite 1,250 hours within the twelve month period preceding a requested FMLA leave is a very complicated one. A fair amount of judicial ink has been spilled over it. I cannot tell you whether you did or didn't satisfy the requirement on the basis of the very limited facts you have provided - especially since you have not said what type of position you hold, the hours you generally worked and/or whether you are an "exempt" employee....

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  10. What is the legal way of streaming music on mywebsiteforwhich i dont have copyrights

    Answered over 3 years ago.

    1. Emily Bass
    2. Daniel Nathan Ballard
    4 lawyer answers

    Absolutely. If you are looking for a legal alternative to unlawful downloads, you should look to the streaming services I mentioned. If your intent is to be the STREAMER, on the other hand, then SoundExchange is the appropriate reference. I want to thank Attorney Ballard for alerting me to the possibility that I may have misunderstood the question. Disclaimer: This answer does not establish an attorney-client relationship or constitute legal advice. It is for general informational...

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