Max Eldon Harger’s Answers

Max Eldon Harger

Austin Internet Lawyer.

Contributor Level 10
  1. Is a dba the same as a copyright

    Answered over 3 years ago.

    1. Max Eldon Harger
    2. Robert Scott Lawrence
    3. Pamela Koslyn
    3 lawyer answers

    It's apparent from your question that you have a fundamental misunderstanding of what copyright protection (and likely even what your DBA) is and does. The short answer is "no." You're not protected merely because you have filed a DBA in Bexar county (presumably). But that said, it doesn't mean you're not protected by copyright law. If I understand your question correctly, it sounds like you have created a website for your business that you believe has been infringed by your competitor....

    2 lawyers agreed with this answer

  2. Do I have a right to sue for plagiarism?

    Answered over 3 years ago.

    1. Max Eldon Harger
    2. Daniel Nathan Ballard
    3. Ian David Gates
    4. Pamela Koslyn
    4 lawyer answers

    You may sue them for copyright infringement presuming that you/your company owns the rights to the images/content from your site, which I have presumed that you do. Now, the harder to question to answer is whether it's worthwhile to do so... I would urge you to come up with answers to the questions below, then take them to an IP attorney in your area to discuss your options: Does the Dubai-based company have an office in the US? Has my business registered its copyrights in any of the...

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  3. Is streaming illegal when the site does not have the rights to stream?

    Answered over 3 years ago.

    1. Max Eldon Harger
    2. Pamela Koslyn
    3. Mario Sergio Golab
    4. John E. Whitaker
    4 lawyer answers

    If you're speaking about the white paper issued by the White House last month, then no, I am not aware of any developments subsequent to the White House's proposal. However, the report merely makes it explicit that streaming is intended to be considered a "distribution" of a protected work. But for the purposes of your question, you should be aware that copyright infringement in the U.S. is already criminally actionable in the following circumstances: (A) for purposes of commercial...

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

    Answered about 3 years ago.

    1. Max Eldon Harger
    2. Pamela Koslyn
    3. Kevin Mark Jones
    3 lawyer answers

    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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  5. Watch online television channels and listen to online radio stations, is a crime?????

    Answered about 3 years ago.

    1. Max Eldon Harger
    2. Pamela Koslyn
    2 lawyer answers

    I would add to my colleague's advice that these online media outlets have taken appropriate measures to protect the IP author's/owner's rights, generally speaking. However, these measures do not give you the right to download any of the media you are viewing for your own personal or public use, generally speaking.

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  6. Hi, I just made a demo tape of myself singing that I want to submit to record labels. However, none of the songs are my own.

    Answered over 3 years ago.

    1. Pamela Koslyn
    2. Max Eldon Harger
    3. Daniel Gary Rosenthal
    3 lawyer answers

    As usual, I agree with Ms. Koslyn. I would add that, as I presume your demo is your first foray into the music business and the realm of entertainment law, I would strongly suggest picking up an introductory music business guidebook such as Don Passman's "All you Need to Know About the Music Business" or the like. You can pick up copies of such books on Amazon for ~$20, and they're truly an invaluable resource for those looking to understand a bit more about the industry.

    2 lawyers agreed with this answer

  7. I transfered some of my music from Cd's that refuse to work anymore. I own the media, so I know it's legal to do so.

    Answered over 3 years ago.

    1. Max Eldon Harger
    2. Maurice N Ross
    3. Mario Sergio Golab
    4. Pamela Koslyn
    4 lawyer answers

    This is an issue that has been touched upon in a few cases over the last few years. What you have here is a tumult between fair uses, the first sale doctrine, and traditional copyright law. Without much discussion, sale of the original copy falls within the protections of the "First Sale" doctrine. This scheme essentially protects the sale/transfer of a lawfully held copy of a work once after the point at which it is first purchased. As for the copying, strictly speaking, creating a back-...

    2 lawyers agreed with this answer

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

    Answered about 3 years ago.

    1. Max Eldon Harger
    2. Kevin Mark Jones
    3. Matthew Charles Lapple
    3 lawyer answers

    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.

  9. How long do I have to keep a copy of a client's work?

    Answered over 3 years ago.

    1. Max Eldon Harger
    2. Pamela Koslyn
    3. John E. Whitaker
    4. Maurice N Ross
    4 lawyer answers

    Based upon your comment, unless there is language in your contract requiring "delivery" of the code/content or somesuch, it does not seem to me that you are/were under any obligation to retain the information. Is the former client pointing to any particular provision that he/she is expecting you to perform?

  10. Can i sue someone for stealing my pictures and trying to tarnish my name?

    Answered over 3 years ago.

    1. Max Eldon Harger
    2. Pamela Koslyn
    2 lawyer answers

    Texas recognizes both a criminal complaint and a civil cause of action for behavior/actions amounting to harassment, be it online or otherwise. If you wish, you may contact law enforcement authorities in your area to assist you with the filing of a criminal complaint. As for your civil claims, as is most usually the case, you probably didn't take the photos of yourself that have been hijacked for use on the fake profiles, so my suspicion is that you're not really looking at any IP...