Nancy Baum Delain's Answers

Licensing Agreement without a previous contract in place.

I disagree with my colleague. Photographs are protected by copyright and, unless there is a written agreement in place that transfers copyright from the photographer (you) to the employer (presumably the band), called a "work made for hire" agreement signed before the fact, or unless you transfer the copyright in the photo after you took it in a signed writing, the copyright in the photo belongs for you. I presume that the band paid the $200 for rights to use the products of the photo...

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If i loan someone $50k in the netherlands for investment purposes and draw up a loan agreement, will this contract hold up

I can think off the top of my head of two ways to make such an agreement enforceable, and one way is better than the other. The first, best, way is to have the agreement drawn up by an attorney in the country wherein your borrower is domiciled (resides and intends to continue to reside). That way, there is no question of jurisdiction and the courts there can enforce a judgment easily. The terms of the agreement and its enforcement in this scenario must comply with Dutch law. Should the...

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Federal and NYS tax filings missed

Your situation is precarious at best, depending on whether the back taxes are owed to you or from you. You need to talk with a bankruptcy attorney NOW if you haven't done so already. Do NOT try to navigate these waters alone!!!!!!!!!!!!!!! Talk with someone who is local to you and with whom you feel comfortable. You're welcome to contact my office if you so desire. Back taxes may be discharged in bankruptcy under certain conditions, even under the 2005 rewrite of the law. File your 2007...

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Where can I find sample completed trademark applications

All three answers are excellent. I only wish to underscore the importance of speaking with an attorney who practices trademark law before you file your application. There are properly filled out applications on the USPTO's TDR system, and then there are applications that never should have been submitted in that form also on the TDR system. There is nothing on the system to indicate to you what is properly done and what is not. Also, trademarks are not granted just because someone applies for...

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Is an attorney's retainer fee non refundable in New York state

New York requires that an attorney's fee be reasonable, and that the lawyer be able to demonstrate the reasonableness of his fee. When I take a retainer from a client, that retainer goes into my lawyer escrow account and I use that sum as a base against which to bill time and expenses spent on the client's matter. If any portion remains unbilled at the conclusion of the matter, that amount gets refunded to the client, along with the final invoice/statement that supports the amount of the...

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What is a provisional patent application and how can I file for one in New York state

"Patent" and "low cost" are almost non-sequiturs. A quality patent provides your invention with the full coverage available under the patent system; this costs money, because it takes time and skill to develop the application such that it covers the entire invention (then prosecution costs yet more money...). A "low cost" patent application -- well, you get what you pay for; often low-quality protection that won't stand up to scrutiny. A good patent application on a simple mechanical device...

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Is ignorance a defense to copyright infringement what are other possible defenses

The copyright holder has to prove two things: (1) that he owns a valid copyright; and (2) that your work is substantially similar to his. Once he proves those, he's got the copyright infringement case taken care of. Ignorance is not a defense against the basic infringement claim, but it IS a defense against a claim of WILLFUL infringement, and ignorance of the pre-existing work can be used to mitigate the damages that you will, if no other defenses are available to you, end up owing to the...

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Used Car Purchase but can't get inspected in NYS

You might be able to bring an action under whatever lemon law Massachusetts has, but you'd need to contact a Massachusetts lawyer to (a) see if Mass even has a lemon law and (b) help you bring the action appropriately. Act soon; these statutes of limitations run out very, very quickly. Good luck. THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US....

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I know I have to be legally obligated to pay, but would I be able to set up payment plan or something?

I'm sorry to bear bad tidings, but yes, you must repay the money that your employer erroneously deposited into your account. It's usually possible (and pretty easy) to set up a payment plan, but you can absolutely expect to pay interest on that plan; that interest is at the rate that they set, which is usually pretty high. If they have sent you a letter demanding payment in full (which is the usual demand), call the number on the letter and tell them straight up what happened. Ask to set up a...

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International Patent for design patented kitchen utensil

A patent is a set of rights to exclude others from practicing the invention in a particular country; thus, the "international" patent does not exist. The Patent Cooperation Treaty ("PCT") provides for a way to file a patent application in well over 90 countries (probably over 100 countries; I haven't counted them in awhile) simultaneously, but you would then have to pay for examination and prosecution in each of the countries where you actually want protection. The value of such protection for...

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