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Max Eldon Harger

Max Harger’s Answers

68 total


  • Copyright Case is it real or not, how do i find out?

    I just recently got some documents from my isp saying that i had downloaded something. I had got an email about something similiar. but the incidents were a day apart. i have gotten a few phone calls from the guy saying that he is a lawyer in the ...

    Max’s Answer

    As Mr. Lawrence has already noted, this is a "real" action. Within the last month, Mr. Steele has filed suit (and maybe suits, plural) within Texas by way of local counsel, and I would expect that he may be soon to do the same in densely populated areas around the country.

    I put together a brief legal guide regarding these sorts of cases a few months back, and you can take a look at it here:

    http://www.avvo.com/legal-guides/ugc/torrent-downloads-and-copyright-infringement-what-you-need-to-know?ref=result_1_title

    Best of luck.

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  • Best State to Register a start-up internet company? What type of company should be formed? (LLC, Inc., etc)

    I want to take my swing at starting the next successful internet company. To be positive, lets just say the next EBAY!! There will initially be one owner, with aspirations to approach venture capitalist firms in the future. It is imperative that I...

    Max’s Answer

    If you're just getting the ball rolling, I'd advise you to set up shop in your home state. I'm not convinced that registering your start-up venture in one place or another matters much at this stage, save that it's easier/cheaper for most to maintain their registration locally.

    Unless you have a LOT of capital rat-holed or ready to be invested, you've got a long way to go before you'd see a significant return based upon your choice of registration forum. At the point at which it becomes beneficial, move your assets in under a new form and forum and call it a day.

    Best of luck with your venture.

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  • How much should I expect to pay to have an entertainment attorney review a simple personal manage. contract for a child actor?

    It is for Cinimetic Management - they are requesting 20% - is this standard? Also, $ 62.50 per quarter for things such as printing of headshots, messager fees, etc. The contract is for a 1 year period - with the right to a 30 day notice at the e...

    Max’s Answer

    I agree with what Ms. Koslyn has outlined above.

    I would add that there are, of course, a wide range of factors that will influence what this might cost you. In my area, you can expect fees from $200-$400/hour, though many entertainment attorneys offer to charge a "per page" fee of $75 or so, as an alternative. Generally speaking, the better the attorney's credentialing (which isn't necessarily to say "experience"), the more you'll pay.

    I'd also say that, when it comes to entertainment indusry contracts, many clients lack an understanding of the service that they're seeking when they ask an attorney to "review" a deal. In my experience, clients seem to labor under an idea that the attorney will read the agreement and then tell the client whether it's "good" or "bad" deal. It's not that simple. What's needed is an attorney that will sit down with you in an effort to understand your expectations, explain what the contract will require of both (or all) sides, and advise you as to whether the agreement is reflective of your expectations. If it's not, then you might want to have the attorney work to revise the agreement through direct negotiation with the other side. These steps take time, but it's time well-spent, and I'd urge you to keep that in mind when you budget for counsel.

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  • Who owns the work when working on PhD research and employed under NDA?

    I am working on a subject for my PhD that has direct value/relationship to the work I am currently doing for my employer. If I sign an NDA then who has the rights to that research results? Industry -"Computer Software".

    Max’s Answer

    I agree with Mr. Lapple.

    In addition, I would add that you're going to want to track down copies of your agreement with your employer (and, frankly, any other agreements you're a party to) and take those with you to your lawyer's office, as well.

    If you need a referral to an IP attorney in the Houston area, you're welcome to contact me through my AVVO page, and I'll be happy to point you in the right direction.

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  • Could I print someone's popular logo for my clothing line and then sell it to the public?

    Example would be the band Pepper. I take their art, say on their album or clothes and silk screen their art on my clothing line and sell to public. Will I have to connect them? Thank you for your time

    Max’s Answer

    Well, you can do it legally if you're willing to commit to a proper licensing agreement regarding the images you wish to use. Else, yeah, you're right.

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  • Is this breach of contract and do and am i owed my money back?

    I am a manager in the music business, i signed with an artist to represent him exclusively as his manager for a term of 1 year and within this year i would invest in him monetarily to record his material etc. It was not notarized. 2 mnths into th...

    Max’s Answer

    I agree with what has been said above.

    I would further ask you to tell us a bit about what duties the artist had under the contract and how he has failed to comply. Without knowing at least that much, it's hard to evaluate your position, though I'm fairly certain you're going to want to retain your own attorney to represent you.

    Also, regarding "exclusivity" of management contracts, I'm not sure what that really has to do with this situation. Has he engaged another manager?

    When I think about non-exclusive contracts, that merely allows the artist to retain the counsel of another manager, but they still have a duty to account to the original manager for any profits realized from the work of the subsequent manager.

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  • Can my employer require me to get my pay stub from a website, but not provide internet access at the workplace?

    My employer used to email my pay stubs to my internal email account at work, but a technical glitch has prevented that from happening for several months. The head of payroll told me that she would not bother to fix the glitch because I should not ...

    Max’s Answer

    To disclaim, I can't speak to whether there is an employment law issue here, much less under GA law...

    But if your company has that many employees, I would presume that we're talking about multiple layers of mgmt and at least a few HR staff outside of merely "payroll" types. I'd advise you to escalate the problem to your manager/supervisor and let them get in touch with HR to resolve the issue. I very much doubt that the answer here is a lawsuit.

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  • I have a ? regarding my business which is licensed thru NYS. What kind if Lawyer would i need to talk to?

    This stems from an investigation in which the investigator seems to be trying to railroad me and is jeopardizing my license. She is dismissing statements that should be heard and using only statements (all from very young children) which suits her.

    Max’s Answer

    While I'd say that an attorney would really need more facts to evaluate your question, if we're talking about a state licensure here, you're gonna want to talk to an administrative law attorney in your state. I'd run a search in Albany first, if you think there may be an administrative hearing on the horizon.

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  • Is there a way to make an NDA safe to both parties?

    From what I've researched, NDA's can be difficult to use. The recipient may not want to sign one, as it may contain an idea they've already had/are using; the discloser may not want to release his or her ideas without one, to prevent them from bei...

    Max’s Answer

    I agree with Ms. Koslyn. I would also urge you to find an attorney to handle this matter, given the importance of the agreement and the sensitive nature of the document.

    Additionally, I would add a couple of observations from my own practice:

    1. When you start to look for an attorney, it is important to find a practicioner that is familiar with your industry. A depth of understanding regarding the way in which your business/products and your business relationships will operate is necessary to draft a competent NDA, and this can save you a lot of the time and money you would have spent bringing a less experienced individual up to speed.

    2. If you can find an attorney that is well-known (excepting the infamous) within the industry, hire him or her to draft it if conflicts of interest will allow. When you then present it to your potential investor/market target/etc., use a cover sheet conspicuously indicating the provenance of the document, and you may include a letter from your attorney indicating the nature of the document, if you feel it necessary.

    Doing so serves the two-fold purpose of establishing the legitimacy of your request to bring in your offeree as a party to the agreement and, with any luck, will put the party more at ease to view and consider your proposal.

    Best of luck with your venture.

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  • Can a programming language be trademarked, copyrighted, or otherwise be legally disallowed from being emulated or copied?

    I want to write an IRC client for Mac OS, and have this client be compatible with the (proprietary) scripting language of a Windows IRC client. I would have to reverse engineer the logic behind the language, but is the actual text of the language ...

    Max’s Answer

    • Selected as best answer

    As usual, I agree with what Ms. Koslyn has previously stated regarding copyrightability of coding.

    I would add that aspects of the finalised program/scripting may also be patentable if it meets the threshold tests for novelty and utility, so you would want to be sure that you're not going step on anyone's toes on that front, either.

    MS is a litigious bunch, and I would caution you to keep that in mind when working within the framework of their proprietary interests.

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