Pamela Koslyn’s Answers

Pamela Koslyn

Los Angeles Business Attorney.

Contributor Level 20
  1. A member leaves my band does he have rights to demand that any recordings of him not be used?

    Answered almost 3 years ago.

    1. Pamela Koslyn
    2. Mario Sergio Golab
    3. John E. Whitaker
    4. Ivan Jose Parron
    4 lawyer answers

    Your band apparently has an oral band partnership deal, and this is why it's always better to put things in writing, which I hope you do now with your current bandmates. Does you bandmate co-own the "master" sound recordings on your 1st album, and is the sound recording registered for copyright in the band's name? If so, then you owe this leaving member his agreed on share of the proceeds. Did your bandmate co-write the songs on that album and are the songs registered for copyright in...

    17 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Do lawyers get paid for posting on Avvo?

    Answered over 1 year ago.

    1. Pamela Koslyn
    2. Michael Scott Rothrock
    3. Sarah Jessica Farber
    4. Mark Raafat Malek
    5. Michael Charles Doland
    6. ···
    6 lawyer answers

    We do not get paid. We hope the askers of the queries or others viewing the Qs&As will hire us based on our demonstration of our knowledge, but if that doesn't happen all the time or even a lot, we like to be thanked for our time and trouble. We HATE it (and I feel confident that I write for all Avvo lawyers) when an asker trashes us personally or trashes our profession. And by the way, some of us enjoy doing work "pro bono" (free) for people. Plus we get to make contact with our...

    18 lawyers agreed with this answer

  3. We put nipple clamps on a drunk girl at a party cause it was entertaining. She is mad and wants to call cops.

    Answered 12 months ago.

    1. Joseph Briscoe Dane
    2. Pamela Koslyn
    3. Dan Eugene Chambers
    4. David Herman Hirsch
    5. Brian K Wanerman
    6. ···
    6 lawyer answers

    Not funny at all, and not an entertainment law question. If the cops think this was criminal behavior, they could refer the matter to a DA and anyone actively participating in this act, and in some cases, encouraging those participating, for criminal prosecution. The charges depend on the girl's age, so your best bet is to contact a criminal defense lawyer, and DO NOT talk to anyone about this, and DO NOT post any more stupid admissions on any public sites like this one.

    15 lawyers agreed with this answer

  4. What constitutes malpractice? for an attorney?

    Answered almost 3 years ago.

    1. Pamela Koslyn
    2. Frank Wei-Hong Chen
    3. Joseph Jonathan Brophy
    4. Ajay Mohan Kwatra
    5. Timothy Lawrence Van Eman
    6. ···
    6 lawyer answers

    Really, "we've all had bad lawyers"? I get that people resent people who are smarter then them, but I don't get lawyer bashing while asking for favors from all us horrible lawyers. Malrpactice doesn't mean "horrible," whatever you mean by that, or "lazy" (if you had any understanding about how rigorous law school is, and how stressful the practice of law can be, I don't think you'd say that). "Thieves" and "crooks" who actually steal money should be reported to the police or the State Bar....

    15 lawyers agreed with this answer

  5. Shotgunnin' a registered trademark through Legal Zoom?

    Answered 4 months ago.

    1. Pamela Koslyn
    2. Frank A. Natoli
    3. Adam Edward Urbanczyk
    4. Bruce E. Burdick
    5. Daniel Mark Levine
    6. ···
    6 lawyer answers

    You're right, LegalZoom, and Rocket and other self-help services aren't popular with lawyers. Know why? Because potential clients who are successful using those services don't call us. The ones that do call us to fix their mistakes and straighten out their messes weren't successful, so we get convinced that these services serve only themselves and not the clients. And there are probably quite a few people who THINK they've been successful at navigating this area of law yet find out a year or 2...

    Selected as best answer

  6. Can I use a line or a few words from a song or a movie in my art work? Is this copy right infringement?

    Answered over 2 years ago.

    1. Pamela Koslyn
    2. Bruce E. Burdick
    3. Ivan Jose Parron
    4. Maurice N Ross
    4 lawyer answers

    Generally, bumper-sticker length short phrases aren't copyrightable, but some lines from songs and movies are so memorable and essential to the song or movie as a whole that they're copyrightable. Also, some words are trademarks for products, and those trademarks could include toys such as dolls. So there's no one-size-fits-all answer to a question like this. It depends on which words you're referring to, each of which should be checked out before you use it by your own IP counsel.

    Selected as best answer

  7. If a company has trademarked "Soda Stream" can I still trademark "Sodastream"?

    Answered over 1 year ago.

    1. Pamela Koslyn
    2. Norton Russell Townsley
    3. Gerry J. Elman
    4. James Scott Anderson
    5. Mark Raafat Malek
    6. ···
    10 lawyer answers

    No, and I don't think this is even close, so I'm not sure why my colleagues even add the "probably" to their "not" answers. No way would the USPTO allow registration of 2 obviously confusingly similar names for 2 obviously confusingly similar goods/services. Choosing a viable and available trademark is an art, with some science (actually a good knowledge of trademark law) thrown in. It's not a DIY job, and you shouldn't attempt it without professional help, especially with this kind of...

    13 lawyers agreed with this answer

  8. Even after a lot of reading and learning, I am still confused, how do I determine whether my business process is patentable?

    Answered over 2 years ago.

    1. James Juo
    2. Pamela Koslyn
    3. Robert A. Stumpf
    4. Gerry J. Elman
    5. Maurice N Ross
    6. ···
    8 lawyer answers

    Unless your reading and learning includes law school and many years practicing law and even judging cases, you're not going to be able to make any determination about anything like this. Patents for business methods are a hot issue now due to the Supreme Court's opinion 2 years ago in In re Bilski ruling, and that decision hasn't been in place long enough for there to be a clear guideline on how patentees and their lawyers should proceed. Please see the link below on the Bilski line of cases...

    13 lawyers agreed with this answer

  9. Can I use video game/comic book characters for my products to sell?

    Answered over 2 years ago.

    1. Pamela Koslyn
    2. Michael Charles Doland
    3. Maurice N Ross
    4. Arthur A. Zorio
    5. Barry Franklin Poulson
    6. ···
    7 lawyer answers

    It's not ok to "unfairly compete" with a character rightsholder or trademark rightsholder if your use would confuse consumers into thinking that your products were from the actual rightsholder of the character or the trademark. Is just Mario's top enough to evoke that character? Then it's a violation of someone else's rights. If it's not enough, then no one will want to buy your clothing based on similarity to Mario. "Others are doing it" has never been a valid excuse for doing something...

    13 lawyers agreed with this answer

  10. Why a request for a written settlement offer?

    Answered over 2 years ago.

    1. Pamela Koslyn
    2. Robert Harlan Stempler
    3. James P. Frederick
    3 lawyer answers

    You're pro per, so you're acting as a lawyer here, and you're the only one who's able to send them a demand. Don't worry about blackmail or protocol. Here's one thing that's unique about a written offer in CA: CA lawyers are REQUIRED by our ethical rules to transmit written settlement offers to our clients, but we don't need to transmit oral offers. I'm guessing this bank's lawyer wants you to commit in writing to something so he can show his client what you want, as well as to force you to...

    13 lawyers agreed with this answer