New York Copyright Infringement Attorney.
Under the Family and Medical Leave Act, eligible employees of employers covered by the Act have the right to take up to twelve weeks of approved family and/or medical leave during a twelve month period. (The leave may be paid, unpaid or a combination.) So long as you return from approved FMLA leave PRIOR TO the expiration of your entitlement, you have a statutory right to be reinstated to the same or a similar position to the position you occupied prior to the leave's commencement. However,...
It is not clear to me from your question whether you are the photographer or the person who was photographed. In either event, the answer as to whether "the photographer" can post the photos on his or her web site without express written permission from the subject of the photographs depends upon a complete examination of the facts. It sounds to me as though the subject of the photos just MIGHT have a legitimate right to stop the photographer from posting/displaying/distributing the photos...
29 C.F.R. § 825.120 provides that "[b]oth the mother and father are entitled to FMLA leave for the birth of their child" under the Family and Medical Leave Act. As I understand what you are saying, the Employer is NOT denying you leave. It is saying that you will be afforded leave provided that you prove you meet the criteria for it - i.e., you prove paternity. In other words, it is simply demanding that you prove your eligiblity for the leave. That is not, in my view, a violation of the...
It is impossible to tell, based upon the limited information you have provided what your options are, let alone what the most advisable course of action might be. The sharing or disclosure of the information may have implicated trade secrets law, copyright law, simply a non-disclosure agreement, or no law at all. Consult with a copyright or intellectual property attorney in your state to obtain guidance. You will need to provide that attorney with all relevant information, including the...
It sounds to me as though you might be conflating and/or confusing "copyright" and "trademark" principles. Copyright attaches automatically upon the creation of a design and not upon registration. So, if you created your design for a "toy monkey" two years before the other designer and did so independently and without knowledge of or access to her work, as a logical matter it would not appear that you can be guilty of copyright infringement. However, since you have been accused of...
Interesting question. As a theoretical matter, I don't see how you could be infringing anyone's copyright by doing that. Nor even anyone's trademark, IF in fact - as you suggest - no one would be able to recognize the players, teams and/or even league involved. If you are going to be capturing anyone in the audience besides the actors, however, you should be concerned about THEIR "rights of publicity" and/or privacy rights and should get a full-fledged release and/or agreement from anyone...
A piece of clothing itself is considered a "useful article" and not copyrightable. However, "artwork applied to clothing" or graphic designs on clothing or fabric used in the manufacture of clothing is subject to copyright protection. (Review Circular 40, published by the United States Copyright Office.) You must have done more than simply conceive of the graphics. You have to have reduced your ideas to tangible form in order for copyright protection to attach. What does this mean?...
There are a whole host of questions that would need to be answered before someone could determine whether the estate and you (on behalf of the estate) would have a viable cause of action against this Company. For example: Was there ever and is there still an existing licensing agreement or any other agreement under which the Estate is entitled to compensation from Topps for its use of your father's likeness, stats, etc.? If there is, what does it provide? If there is such an agreement...
Bearshare is both a music subscription and file-sharing service. So, if you simply purchase a song (from anywhere) and download it for your own listening pleasure, you aren't violating anyone's copyright. On the other hand, if you EITHER download music you have not paid for or upload music to share with others, you are very likely infringing someone's copyright. In the first case, you are unlawfully reproducing a copyrighted work. In the second, you would be unlawfully reproducing and...
There are actually quite a number of music streaming services that you can explore: Rhapsody, MOG, Spotify, and guvera for starters, and more are coming on board every day. Not only is more and more music being offered, more and more pricing plans are being offered as well. That means that you have the choice of purchasing an individual song or one of many subscriptions to an entire library of music. Disclaimer: This answer doesn't establish an attorney-client relationship or constitute...
