Tyson B. Snow’s Answers

Tyson B. Snow

Salt Lake City Employment / Labor Attorney.

Contributor Level 14
  1. Is it legal for a ticket website to use artist's faces when advertising tickets for their concerts?

    Answered about 2 years ago.

    1. John E. Whitaker
    2. Tyson B. Snow
    3. Michael Alan Shimokaji
    4. Maurice N Ross
    4 lawyer answers

    This is an excellent question. You were likely contacted by MLB because the pictures displayed one or more of MLB's trademarks or the pictures were copyrighted to MLB. The licensing / release issues related to photographs can be complex because it isn't always clear whether the photographer or the person appearing in the photograph owns the copyright. For you business, the best practice would be, upon booking an event, contact the manager or PR department of the act or performer and request...

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  2. Is this legal to do?

    Answered about 2 years ago.

    1. Tyson B. Snow
    2. John Warwick Caldwell
    3. Gene Bolmarcich
    4. Bruce E. Burdick
    4 lawyer answers

    It is a violation of copyright law to make a derivative of any copyrighted work. A “derivative work” is a work based upon one or more pre-existing works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted. A work consisting of editorial revisions, annotations, elaborations, or other modifications which, as a...

    7 lawyers agreed with this answer

  3. Can a customer sue me personally even if I am incorporated?

    Answered about 2 years ago.

    1. Frank Wei-Hong Chen
    2. Eric D Ridley
    3. Michael Charles Doland
    4. Robert Scott Lawrence
    5. Tyson B. Snow
    5 lawyer answers

    I assume that you have an organized corporation, limited liability company, or some other form of corporate entity. If that is true, your customer most likely will only be able to sue your corporation or LLC and not you personally. There are very few instances where a plaintiff can sue the owner of a corporation or LLC on an individual basis. The most common instances is under what is called an "alter-ego" or "piercing the corporate veil." Essentially, the plaintiff will argue that the...

    6 lawyers agreed with this answer

  4. Can a company refrain from paying time and a half on major holidays.

    Answered over 2 years ago.

    1. Tyson B. Snow
    1 lawyer answer

    Under the Fair Labors Standards Act ("FLSA"), employers are not required to pay employees time-and-a-half for work performed on holidays. Here is a brief synopsis from the U.S. Department of Labor: An employer who requires or permits an employee to work overtime is generally required to pay the employee premium pay for such overtime work. Employees covered by the Fair Labor Standards Act (FLSA) must receive overtime pay for hours worked in excess of 40 in a workweek of at least one and one-...

    6 lawyers agreed with this answer

  5. Writing the damages section of complaint

    Answered over 2 years ago.

    1. Tyson B. Snow
    2. Michael S. Haber
    2 lawyer answers

    As always in this crazy profession, the answer can vary. For example, damages calculations for contract claims can be quite different than damages calculations for torts. You state that you know what the entire claim is worth, but how have you reached that conclusion? This is particularly important when determining damages on a tort claim because of the availability of both economic and non-economic (aka compensatory, generals, etc.). With that out of the way, based on what you believe to...

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  6. Motion for Summary Judgment hearing set for 12-20-12. I endeaver to extend to allow more discovery to expose Facts in Dispute.

    Answered over 1 year ago.

    1. Frank Wei-Hong Chen
    2. Catherine Elizabeth Bennett
    3. Robert Bruce Kopelson
    4. Tyson B. Snow
    4 lawyer answers

    Mr. Chen's answer is excellent. I would simply add the clarification that you may want to consider responding to the motion for summary judgment (to the extent possible) and using your response as further support for your motion to request additional discovery. That way, if your motion for additional discovery is denied, you will, at least, have some form of opposition on file (which likely includes a lot of disputed facts). Just something to think about. Good luck! -Tyson- http://www....

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  7. Taping a conversation to use in a civil case

    Answered about 2 years ago.

    1. Tyson B. Snow
    2. Michael S. Haber
    2 lawyer answers

    Sure. The question is how will you use it. First, let me assume that the conversation / presentation was recorded legally (Utah, where I am licensed, is a "one party" state meaning only "one party" (the person recording the conversation) needs to consent for the recording to be legal). Next I will assume that whatever was recorded is somewhat relevant to the opinions that the expert intends to offer in the defendants' case. Finally, I'll assume that the Federal Rules of Evidence (most state...

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  8. Is a non-competitive, non-disclosure, non-solicitation and confidentiality agreement binding if I have not reported for work.

    Answered almost 2 years ago.

    1. Tyson B. Snow
    2. Pamela Koslyn
    3. Nicholas Wolfe
    4. Michael Charles Doland
    4 lawyer answers

    This is a tricky question and I generally advise people to consult a labor and employment attorney whenever they are dealing with potential non-compete / non-solicitation issues. I will break down my answer into a few different parts to make the explanations easier. With respect to the non-compete agreement, most employers generally get non-competes from their employees in exchange for continued employment. In this instance, it sounds as if you were never employed. Accordingly, you could...

    5 lawyers agreed with this answer

  9. What constitues trademark infringement and what potential damages can be brought.

    Answered about 2 years ago.

    1. Tyson B. Snow
    2. Alexander H Butterman
    3. John E. Whitaker
    4. L. Maxwell Taylor
    5. Michael Charles Doland
    5 lawyer answers

    I agree that you should get legal advice. Trademark disputes can be somewhat nuanced and a lot of people are overprotective of their marks (meaning they are willing to threaten infringement even when infringement is suspect). That said, DEFINITELY error on the side of not infringing. Treat the matter as if it were infringement until someone with proper credentials tells you otherwise. As for potential damages you might face, there are three general categories (although there are other...

    5 lawyers agreed with this answer

  10. How can I proceed with a messy licensing contract negotiation so that I am compensated fairly?

    Answered 8 months ago.

    1. Tyson B. Snow
    2. Daniel Nathan Ballard
    3. Frank Anthony Natoli
    3 lawyer answers

    I think there is an additional point worth making here. It sounds to me like the original emails back and forth may be sufficient to establish a written and signed agreement between the parties. If that is the case, the terms in those emails should govern. And it sounds like the other party may have breached those terms--repeatedly. If that is the case, you may have a claim for breach of contract, which may be a bigger issue than the proposed relinquishment contract. Ultimately, you will...

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