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Randall B. Bateman

Randall Bateman’s Answers

32 total

  • I need a copyright infringement attorney. Local attorneys won't take case as conflicts lume with knowing infringer politics.

    Federal, Willful copyright infringement. 12 registered copyrights... . 2 of which are exact knockoffs. They heard from me 8 times to cease and desist, 3 of which warnings were in writing. They may have insurance... And as long as my complaint does...

    Randall’s Answer

    Just a follow-up on your concern that the Defendants will use insurance proceeds to mount a defense. This is often a good thing for you as insurance companies have no desire to waste money. If they believe you have a legitimate case, they will usually settle rather than engage in protracted litigation. Attorneys who do copyright litigation on contingency basis will often craft their complaints in such a way as to provoke an advertising injury claim hoping to draw in the insurance company. You should promptly contact an attorney who specializes in copyright litigation.

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  • If it is possible, how do I negotiate to lower the settlement offered by CEG TEK in DMCA notices?

    I received two DMCA notices from CEG TEK for pirating two movies. The notices direct toward a website where I can settle both claims for $500 ($250 each). However, I heard it is unwise to give them my personal and credit card information. Is this ...

    Randall’s Answer

    You should consult a lawyer. While some lawyers will counsel you to ignore the demand letter, that is not always the best idea. While I have no relationship to CEG TEK, I do represent a number of artists in copyright matters. When people ignore demand letters, we use to courts to get payment for infringement.

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  • Are the names of historical businesses copyrighted?

    Are the names of historical businesses, such as the Moulin Rouge in Paris, France copyrighted? This was a nightclub from the 1800's. Does someone still own the copyright to a place like this? So, for example, if someone wanted to produce a vide...

    Randall’s Answer

    You should consult with an attorney about your work. While you could not co-opt their trademark to sell your game/book, etc., there are legitimate uses of third party trademarks which are perfectly legal. As with most things legal, it all depends on the facts.

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  • Received a cease and desist from company for unknowingly selling counterfeit products.

    I sold 51 goods for $70-$80 on Ebay. I received a message saying I sent one to an undercover buyer that works for a law firm representing Company Y and they determined that they were counterfeit. They told me to cease and desist all sells and prov...

    Randall’s Answer

    You should consult with an attorney. The amount you should offer will depend on the facts of your individual case which cannot be considered in an on-line question. Having an attorney submit the counter proposal and identify problems in their case is likely to reduce the amount they will ultimately take.

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  • I just got two copyright infringement letters from Comcast. Does this mean I am about to be sued by the copyright holders?

    Dear Comcast High-Speed Internet Subscriber: Comcast has received a notification by a copyright owner, or its authorized agent, reporting an alleged infringement of one or more copyrighted works made on or over Comcast's High-Speed Intern...

    Randall’s Answer

    Simple resolution. Stop stealing other people's content and you can avoid demands to pay them money. The porn cases usually go for more because most people do want their friends and family to know their viewing habits.

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  • Intellectual Property/Copyright Infringement: GETTY IMAGES. How do I respond to their settlement demand letter?

    I'm a small plumbing business owner (only 2 of us) & my daughter designed our amature business website & used a generic water image on one of the pages. She found the image from some other website, unaware of any copyright infringement (there was ...

    Randall’s Answer

    The simple way to stop this is to not steal other people's work. I bet you would be upset if you fixed my drain and then I did not pay you. Your best approach would be to call them and try to negotiate something less. Gettting out of it for free says I want the benefit of you work without paying for it. You can hire a lawyer but it will likely cost you more than you can save.

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  • Copyright infringement on my app logo, what can I do?

    My popular app for Windows Phone has have the same icon/logo for a year now since it was published in the store. A recent app in the store has the exact icon of my app but only the half left portion (he crop the icon). What legal action can I ...

    Randall’s Answer

    You should promptly see a trademanrk attorney both to send a cease and desist letter and to register your trademark.

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  • I let my boss use my truck who in turn let someone else use it to pick up materials which i didn't know about until a month

    later and received a red light violation in the mail. they want to dispute it i want them to just pay it. what should i do?

    Randall’s Answer

    Follow-up to make sure they dispute it so you don't get stuck with it.

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  • This question concerns copyrights of a piece of clip art I have on my clip art website.

    A school in Texas contacted me about an image they wanted to use as their mascot. I created a high resolution 300 dpi image for them for $250. The image is almost but not exactly the same as the image on my website. It doesn't have my name on i...

    Randall’s Answer

    Legal answer - it depends on the exact terms of any oral agreement rewho owns the artwork. Most likely you do.
    Business answer - it will cost your business reputation many times that $75 if you sell the image to someone who is going to knock of their logo.

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  • Am I liable for copyright infringement???

    I used a photo i found online for my professional website. I looked to pay for it, but couldn't find a a watermark or "cart" to pay. I just copied and pasted. now, months later, i get a fedex packet from some Canadian group representing the Americ...

    Randall’s Answer

    This is pretty common. If you ise something without paying, yoi will eventually get caught. The amount they are asking is high and yoi can probably talk them down to $1-2,000. They do not want the expense of the suit and judges will often reign in a copyright holder who they think is making excessive demands. Go see a good copyright attorney ASAP.

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