Gordon Philip Firemark’s Answers

Gordon Philip Firemark

Los Angeles Entertainment Lawyer.

Contributor Level 12
  1. Do I need to find a new business name?

    Answered about 2 years ago.

    1. Daniel Nathan Ballard
    2. Gordon Philip Firemark
    3. Pamela Koslyn
    4. Daniel Gary Rosenthal
    5. Maurice N Ross
    5 attorney answers

    My esteemed colleagues here are right, but they've overlooked the possibility that the business name in question might not even be protectible under trademark law. It could be too generic, or descriptive to merit protection, in which case you COULD use it...though I fail to see why you'd want to. Better to just find a new, DISTINCTIVE brand for your products or services.

    1 lawyer agreed with this answer

  2. What is the AVERAGE cost to litigate a patent or copyright infringement case, for a small entity?

    Answered over 2 years ago.

    1. Pamela Koslyn
    2. Emily Bass
    3. Gordon Philip Firemark
    4. Bernard Samuel Klosowski Jr.
    5. Ryan Connell Durham
    6. ···
    7 attorney answers

    Somewhere under $100,000,000

    1 lawyer agreed with this answer

  3. Do i need an entertainment lawyer????

    Answered over 2 years ago.

    1. Craig Ryan Lerman
    2. S Quinn Johnson
    3. Gordon Philip Firemark
    4. Pamela Koslyn
    4 attorney answers

    You don't say what role you play. Just that you "Did" a song with the group. If you were a co-writer, you may be entitled to royalties for the records and performances. If you were a session performer, and were paid for your work, That's probably all you're entitled to... Unless, of course, you've got a written agreement specifying otherwise.

    1 lawyer agreed with this answer

  4. If I am based in the UK, will a US lawyer still help me? I have a intellectual property matter I need to check out.

    Answered almost 3 years ago.

    1. David Alexander Browde
    2. Maurice N Ross
    3. Daniel Nathan Ballard
    4. Pamela Koslyn
    5. Gordon Philip Firemark
    5 attorney answers

    It's certainly possible for an attorney to represent a client from another country. Over the years in my practice, I've represented a number of clients from the UK, Belgium, France, Spain, Japan, Vietnam, Lithuania, etc. I frequently work on flat-fee or so-called "value based" billing structures. After all, clients are not concerned with how many hours I spend on their matter, but rather with how much it COSTS to accomplish the task at hand. As my esteemed colleagues have already...

    1 lawyer agreed with this answer

  5. How long can a professor hold a term paper? Isn't it my intellectual property?

    Answered almost 3 years ago.

    1. Ayuban Antonio Tomas
    2. R. Sebastian Gibson
    3. Gordon Philip Firemark
    4. Pamela Koslyn
    4 attorney answers

    Generally, work you create for school projects, etc., belongs to the School, not to the student or the professor. (see Condell v. New School for Social Research, 48 NYS 2d 733 (1944). That said, the professor generally can keep your work indefinitely, UNLESS he or the school has an established policy that states otherwise. Check the syllabus and the school's student regulations, etc.

    1 lawyer agreed with this answer

  6. Copyrighting my (deceased) Grandmother's short stories

    Answered about 3 years ago.

    1. Daniel Nathan Ballard
    2. Gordon Philip Firemark
    3 attorney answers

    All of what Mr. Ballard says is true, except the operative date for expiration of the copyright is 2059, not 2159. she died in 1989+70 years = 2059. The copyright law itself also has some provisions about which heirs inherit the copyright, so some state laws may conflict. So, you really need to consult an attorney familiar with these issues, and who can research the question and advise you accordingly. You'll definitely need some contracts between you and the heirs, but publishing...

    2 people marked this answer as helpful

  7. I am a recording artist and the music company I have signed several contracts with were supposed to send me a statement Septembe

    Answered over 1 year ago.

    1. Robert V Cornish Jr.
    2. Mary Katherine Brown
    3. Marc Jacobson
    4. Oscar Michelen
    5. Michael Andrew Markowitz
    6. ···
    7 attorney answers

    Welcome to the music business. This scenario is VERY common. You will need to hire a lawyer to review the contracts and advise you. You may have some right to audit, or to sue, but the financial realities may make that impractical. Still, an hour with a lawyer would be a good investment.

    1 person marked this answer as helpful

  8. WE HAVE SONGS THAT WE COMPOSED,WE NEED TO KNOW SHOULD WE FORM A PUBLISHING CO. OR RECORD CO. FIRST?FICTIOUS NAME IS REGISTERED

    Answered over 1 year ago.

    1. Marc Jacobson
    2. Gordon Philip Firemark
    3. L. Maxwell Taylor
    4. Pamela Koslyn
    4 attorney answers

    You can do both with a single company, but the help of an attorney will make things easier. Set up one company (the record label) and a DBA for the publisher name. Register the publisher name with your performing rights society, and you're good to go... But, be sure to consider whether an LLC is really the right way to go. Tax consequences of being an LLC are different from corporations, and need to be carefully evaluated.

    1 person marked this answer as helpful

  9. I run a website that uses an action star's name in the title & his lawyers are threatening legal action, do they have any ground

    Answered about 2 years ago.

    1. Pamela Koslyn
    2. Daniel Nathan Ballard
    3. Gordon Philip Firemark
    3 attorney answers

    Unless you've got a large war-chest for litigation, you're most likely going to wind up changing your domain name, and discontinuing use of the star's name as the title/name of the site (Unless your site is a so-called "sucks" site, like "starnamesucks" or some similar variation) (some these kinds of sites have been held to be protected under the first amendment). Your site IS commercial, since you had ad-sense ads on it. The law doesn't prevent you talking about this star, just...

    1 person marked this answer as helpful

  10. Synchronization license? How does this work? Will I be able to use all copyrighted music?

    Answered over 2 years ago.

    1. Daniel Nathan Ballard
    2. Deborah Gonzalez
    3. Gordon Philip Firemark
    3 attorney answers

    If you want to use popular music in your film, you should expect to pay for the privilege. A 'syncrhonization license' is ONE of the two licenses you may need for each song in your film. The synch license covers the 'musical composition' (i.e., the work of the songwriter), and is administered by the music publisher. If you're using a mainstream recording of the song by a known band (as opposed to re-recording it yourself, or whatever), you'll also need a "Master Use" license from the...

    1 person marked this answer as helpful