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Pamela Koslyn

Pamela Koslyn’s Answers

26,320 total

  • 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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  • Can I use NBA team colors on a shirt my company is designing? There will be no logos or images

    I am planning to use NBA specific colors on a shirt. Fore example, for the warriors, I am planning on having a yellow shirt with blue and white art OR lines. There won't be any logos .

    Pamela’s Answer

    No, you can't. Team colors are part of what's known as "trade dress" and if someone recognizes that trade dress as its owner's then you're committing trademark infringement, just as if you also used some team's or league's mascot, logos, images or other proprietary information. Look up "trade dress" on any search engine to see some explanations, and use Avvo's research function to do the same.

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  • Am I violating an infringement law regarding the NFL ?

    I have created a 40 minute DVD for the NFL. The DVD is fully animated and contains caricatures and photo images of the NFL s most famous players. My intention is to present the DVD exclusively to the NFL Network with the prospect of negotiating a ...

    Pamela’s Answer

    There's an old and sometime reversed saying that goes "it's easier to ask for permission than to ask for forgiveness." Companies (not people, who rarely have the kind of clout necessary to get away with this) sometimes operate inadvertently or on purpose the opposite way; They're so big/famous/rich that they can afford to ask for forgiveness rather than for permission.

    The irony is that these big companies have legal departments to handle these business affairs, so they should try to avoid being in the position of begging for anything, since they're well aware it's not cost effective to fight someone with a good claim. who will have little trouble finding a lawyer to assert that claim.

    All that's a long-winded way of prefacing the need to solicit permission and do this through a sports/entertainment lawyer, and as Attorney Ballard reminds, don't distribute this DVD and give anyone anything to accuse you of. A lawyer will make them take this more seriously, as well as help insulate you from any claim of violation of player's publicity rights, photographers' copyrights, the league's trademark rights, etc.

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  • The remedies available include actual damages, statutory damages, profits attributable to its infringing activity...

    The attorney's sent something like this : The remedies available include actual damages, statutory damages, profits attributable to its infringing activity, attorney's fees, costs, an injunction against any acts of infringement, and the impoundmen...

    Pamela’s Answer

    Note the word "available." That means that the infringement statute provides for those remedies. It doesn't mean the claimant has managed to PROVE and is entitled to those damages.

    Lawsuits like this aren't easily won, but where, as here, attorney's fees are available, it's easier to find a lawyer to take the case. Note also that the availability of attorney's fees in infringement cases depends on whether or not the copyright owner has registered their work for a copyright prior to the infringement.

    See a lawyer for help.

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  • What kinds of entertainment law agreements/contracts do I need?

    Brokering a sponsorship deal for a local band's regional tour. What contracts do I need to have in place? An agreement between my LLC and the band? An agreement between my LLC and the sponsor? Any agreement between the band and the sponsor directly?

    Pamela’s Answer

    Wait, you 're managing a band without a written management contract? On CA, managers have it tough enough WITH a contract (see the Marathon case). Even entertainment lawyers risk their legal fees when running afoul of the Talent Agency Act (see the Solis case).

    If you want to get paid for your work, you should not even think about any contracts other the one you have with the band. Once that's in place, you can address whatever else you might need.

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