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Pamela Koslyn

Pamela Koslyn’s Answers

26,324 total


  • Is there a year limit to the statute of limitations for intellectual property law?

    I am contemplating the publishing of a short story that is comprised of numerous quotes from personnel that were affiliated with the same firm I retired from in 1998. The quotes are from the years 1994 and 1995 and focus on a comical situation inv...

    Pamela’s Answer

    Statutes of limitations run from date of occurance (of the wrong, which in your case means when you publish), not from the date the event happened. And each statute runs according to the cause of action/claim you're sued for.

    Forget about those legalities.

    What about the practicalities? There's no way, unless you've got an audio or video tape, you'd be able to generate an accurate quote attributable to anyone from 20 years ago. So you're going to be making up these "quotes" from your memory anyway, and making them funnier then they were, so why not just fictionalize the whole thing, and make up whatever "quotes" you want, make up whatever situations you want, make up names of the personnel, and make up a firm name and location? Maybe this merits more than a short story and there's a whole novel here. . . .

    As my colleagues have noted, defamation/false light claims etc. could still arise if someone's recognizable, and you'd want to make sure this story gets properly registered for a copyright, so you're best off having your story "vetted" by your own IP counsel and registered with the U.S. Copyright Office before you publish.

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  • As a witness , can i ask for legal representation?

    My corp was subpoena for documents of mu employee. As the custodian of records, i also need to go to testify. If they ask me questions irrelevant to his income (child support issue) can i ask for an attorney to help me? Can i also ask for the pers...

    Pamela’s Answer

    The subpoenaing party only needs to pay your appearance fee and mileage, not for a lawyer for you
    .
    Has your employer corporation refused to get you your own (or their lawyer)? If you are an officer or director of the corporation, the corp's Bylaws may provide that they're obligated to indemnify you, which may mean pay for your own lawyer for something like this.

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  • How can I find a copyright lawyer?

    I need a copyright lawyer on some issue about some of our publication. Myemail:Gabriel.o.israel@gmail.com

    Pamela’s Answer

    • Selected as best answer

    Use Avvo's search function for a lawyer whose practice includes copyrights (often called intellectual property). Copyright law is federal, so any IP lawyer anywhere should be able to help you.

    If you also have questions about contracts, that's governed by your state's law (assuming the contracts at issue say which state controls them), so then you need a lawyer that's licensed in that state.

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  • How many songs can I copyright into one single catalog online?

    If I want to copyright various songs at once.

    Pamela’s Answer

    • Selected as best answer

    There are 2 copyrights in each song, one for the musical composition (words & music) and another for the sound recording (the mp3 file or CD). Often the recording is registered ("copyright" is a noun, not a verb) as a whole, with many recorded tracks on a single CD, but the compositions are usually registered individually.

    If you're self-publishing and you want to collect "performance" royalties from use of your songs on TV, the radio, or in films, you also need to register as both a songwriter and as a publisher with ASCAP, BMI or SESAC.

    Music law is complicated, and there are many revenue streams. Get yourself a lawyer for help.

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  • Can school personnel take your belongings for disrupting class

    Can school people take your stuff without breaking any laws

    Pamela’s Answer

    Schools and their personnel are "in loco parentis," meaning they're allowed to act like your parents when you're in school to protect the school's interest.

    You were disrupting class, and school personnel have the right to enforce discipline and school rules, and you're a student without all the rights an adult would have.

    This is something to work out with the school personnel, and they will get all the benefit of any doubt.

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  • I'm signing my final settlement agreement and I was wondering if I should have a third party look at my contract?

    i was in a car accident and hired a lawyer. My case got serious and I was introduced to a trial lawyer, who I hired. It's been three years and on my final paper I saw that the trial lawyer tried to overcharge me by 7 %. The office claimed it was a...

    Pamela’s Answer

    The time crunch is in your head. You need to take the time to do this right. You've waited 3 years to get this done, so don't rush into a signature that you can't take back. OF COURSE you should get anything you're about to sign reviewed. I know it's a slog because you've had 2 lawyers already and didn't like the 1st one enough to keep them and have reason to distrust the 2nd one, but you must make sure you agree with this settlement agreement BEFORE you sign it, or have the appropriate changes made.

    Either have the 2nd current lawyer explain everything in detail to you until you're satisfied, or hire a 3rd lawyer. If it's any comfort, this 2nd lawyer is on the hook for malpractice if they screw up, but you still have an incentive to avoid any screw up by getting a complete explanation. I suggest an in-person meeting with lawyer #2, and get their consent to audio record the meeting so you can review the recording later if you need to.

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  • Do I need to have people sign an Independent Contractor/Partnership Agreement? How do we classify unpaid contributing artists?

    I am part of a group of artists, (writers, graphic artists, animator, etc) who are collaborating without expectation of pay, toward a single animated film. All persons involved are expected 0 compensation, we do not have funds to pay anyone, and t...

    Pamela’s Answer

    Not sure why you're asking about protecting artist's work --they;re not going to be the co-owners of the finished work, are they? Are YOU going to be the owner of the finished work, and are you the one that's going to apply for copyright registration for this film? If so, you're the "employer," and you need contracts with each and every one of the contributors so the ownership is vested in 1 owner.

    Same thing goes if the owner is a "studio" formed by this loose association of collaborators.

    The time to sort of ownership is now, before the work is done, and there's money/credit/control to fight over.

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  • Bad Email Sent When Upset - If heard by a professional judging me at the players association would it lead to a hearing?

    During heated negotiations after being up all night, I sent a tongue and cheek email "I hope you have a horrible weekend. I hope you get hit by a bus on your walk home." A few seconds after, I sent a followup email saying "I was just joking about ...

    Pamela’s Answer

    I don't think you need to worry, regardless if what association/agency you mean, and I really doubt anyone would conduct a hearing over this.

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  • I need to know CA laws regarding an item that was "loaned" to me.

    A photographer, who I did not hire, took photos of my artist at an event, then handed the hard drive with photos to my artist for my artist to use. The photographer claimed to have been hired by the event planners so we said we would return by ma...

    Pamela’s Answer

    I assume you're the artist's manager? I agree with my colleagues that you should protect your artist from any claims with documentation of this strange photographer's claims and your wish and attempt to return their unwanted hard drive, which I'm guessing they're going to claim you bought or should buy from them.

    Assuming there's no contract for these photos, there's no "consideration" obligating your artist to pay for anything, and no need to return this hard drive when this photographer is making it so hard to do so.

    I also agree that you should check with the event planners to make sure that they didn't hire this photographer (and perhaps that event planner is the owner of the photos and their copyrights as "works for hire"), and make sure that your artist isn't obligated to the event planner regarding these photos.

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  • How do LLC taxes work?

    Much of what I've found online is unclear. How often must one file? Which form(s)? Do these factors change based upon number of members in the LLC?

    Pamela’s Answer

    Once a year, like any other taxpayer (that is, one who isn't self employed and pays quarterly). You should have gotten a touch voucher from your secretary of state when you organized your LLC. MNo it doesn't matter how many members your LC has, it only maters how much money it made.

    See your own CPA for help.

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