Skip to main content
Randall B. Bateman

Randall Bateman’s Answers

32 total

  • What is the statute of limitation for taking my renters to court for non-payment of rent?

    it's been almost 4 years and they owe me just over 10k

    Randall’s Answer

    Regardless of whether your agreement is oral or written you should proceed with suit. The longer you wait, the harder it gets to collect. You can get most of the money - up to $10k by going to small claims court. It is cheaper than hiring an attorney. However, an attorney may help move things faster.

    See question 
  • Can my publisher sue me for refusing to finish a book?

    I have refused to finish the work after the publisher rejected the initial manuscript, asking for extensive rewrites. According to the contract I have 30 days to accomplish this. The problem is that I refuse to continue to work with them due to ...

    Randall’s Answer

    Alot of the answer will depend on the contract. Who gwts editorial control? If you do, tell them the work is done. If they do, you will probably have to go along unless you can show they have breached the contract. It is time to hire a lawyer.

    See question 
  • Is graffiti placed on buildings in public areas protected under copyright laws?

    I have an idea that involves printing pictures of graffiti covered buildings on t-shirts for retail sale. I am wondering if I would run into copyright issues through using my images that involve another artists graffiti.

    Randall’s Answer

    It may be copyright infringement to copy. An interesting question is who is the owner of the copyright? If the t-shirts go huge you will probably find out. Otherwise, the owner of the copyright will probably want to keep quiet, unless he or shee had permission. If you know who it is just get a license.

    See question 
  • I'm a co-tenet & my roommate is breaking lease/subletting. What rights do I have? How can I demand approval on a new roommate?

    My roommate picked up a few scary addictions & needed to move in w/ family as a part of her rehab. She gave < 2 wks notice & now wants to fill the room asap so she can have prorated rent this month. She is wealthy & $'s a nonissue, she's just an a...

    Randall’s Answer

    The fact that you all sigbed the lease does not necessarily mean she is breaching a contract with you. You probably want to get any attorney to review the lease. Bit may give you veto power over the new tenant, but it may not. Run ads on your own for a roommate so you have some options.

    See question 
  • Is there any copyright infringement on using formal names (Nike, McDonalds) in a PAID 3rd party news app?

    I have this idea for news app one would pay for, but I'm not sure if I'd be sued for using such brands, or famous people in articles, within the app. Just curious about what would happen. I am teenager, who knows nothing regarding copyright law...

    Randall’s Answer

    You can you the trademarks of others if they are necessary to state a fact, I.e. there was a robbery at McDonald's. You cannot use the trademarks in any way which suggests an affiliation with the owner. Thus, yoi are fine as long as you are not creating a likelihood of confusion. Please understand that there are some companies that are hypersensitive about there marks and will threaten people who are using the marks properly - you know "the big game".

    See question 
  • What are my rights for Trade Name (DBA) in Colorado? I would like to take care of this my self, what steps do I need to follow?

    In 2007 my husband established his remodeling business, and registered the trade name NSR, with the state of Colorado. We have renewed this name annually -on occasion it expired, but we still registered it. The last time it was registered was 06/...

    Randall’s Answer

    The key question is how you are using NSR. If it is simply a name of the company (dba) then it does not really matter. If, however, you are using the name as a service mark, i.e. you advertise NSR for remodeling services, you probably have common-law rights in the name. One problem with common law rights is that they can be limited geographically. You really need to sit down with a trademark attorney and provide them with 1) samples of your advertising and 2) an idea of what geographic area you have served over the last 5 years. He or she will then be able to give you a better idea on how to proceed against the newcomer.

    See question 
  • Might this fall under fair use?

    My father is on Military orders in Saudi Arabia, and I wanted to take a video of my younger brother in his high school play. Unfortunately, the school did not purchase the rights to create a video, and resell the production, so there will be no pu...

    Randall’s Answer

    This is one of those times when common sense and the law do not necessarily align. The above are good legal answers. If it were me, I would tape it so the school did not know - keep them out of trouble - and keep the tape strictly in the family. You could asset the Sony time shifting defense if you needed to. However few copyright holders are dumb enough to sue someone for sending a video to dad on deployment. It woukd make a nice story for the 5 o'clock news.

    See question 
  • I want to write a novel about fictitious characters but set in a real historic hotel. Is it necessary to get permission?

    Adolphus Hotel opened October 5, 1913. Hotel Lawrence opened in 1925. I want to use the 1920-1930 era with fictitious characters but based on legends of events that occurred in these hotels. I hope to name both hotels in the novel as settings for ...

    Randall’s Answer

    You may also want to include a disclaimer at the front of the book that there is no affiliation with either of the hotels. You can use the name of hotels, etc., to identify a place, but you cannot do so in such a manner that people would assume that there is an affiliation.

    See question 
  • Certified letter from Johnson and Ham - Counterfeit Otter box

    I got a Certified letter from Johnson and Ham - Counterfeit Otter box , they tell me that on Dec 17 2012 the investigator purchased one of case from me . and they want me to pay their lost . what should I do now ?

    Randall’s Answer

    You definitely need to hire an attorney. Where is a question of where your sales have been. If you sold the product in California, then hiring a California firm may be a good idea. If not you should just hire someone local.

    If J&P sues you as an individual, they have to sue you where they have jurisdiction and venue. They can sue you in New York. If you made sales in California, they may be able to sue you in California. Generally, an individual has to be sued where they reside unless a substantial part of the facts occurred in another jurisdiction. If you get sued in CA it will cost you more to have a NY attorney and local counsel in CA. If you have not sold in CA, however, you will be better served by local counsel you can speak with directly.

    See question 
  • When your web site is copyrighted does that protect you under the copyright law.

    Do you have to fill out the paper work and send it to the government also.

    Randall’s Answer

    Any creative work that it important to you should be registered with the copyright office because you will need the registration to enforce the copyright. Unfortunately, it is a common situation for a person to have an infringement come up and be unable to do anything about it for a while because they are waiting for the copyright registration. You can get an expedited registration within a couple of weeks, but it will cost you about $1000.

    One big question will be who actually owns the copyright. If you built the website, that it fine. If not, the person who built the website will be the copyright owner unless they assigned it to you. It would be a good idea to seek out a copyright attorney in your area. Copyright registration applications are not very difficult, but it helps to have someone walk you through one or two before trying it on your own.

    See question