Pamela Koslyn’s Answers

Pamela Koslyn

Los Angeles Business Attorney.

Contributor Level 20
  1. Does a repitable production company speak with the creator?

    Answered over 2 years ago.

    1. Pamela Koslyn
    2. Gordon Philip Firemark
    3. James P. Frederick
    4. Maurice N Ross
    5. Marc Jacobson
    6. ···
    6 lawyer answers

    Hopefully you protected yourself with a copyright registration and/or a WGA registration for the synopsis, treatment, and anything else that's protectible, and a collaboration agreement with your "friend." If you didn't, you and your "friend" could have a dispute about authorship, which already seems to be happening. Your friend and the production company will both take advantage of you if you let them, so hire your own lawyer ASAP to represent your interests.

    10 lawyers agreed with this answer

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  2. Copyright status of images uploaded by Facebook users

    Answered almost 2 years ago.

    1. Pamela Koslyn
    2. Andrew Kevin Jacobson
    3. Michael Charles Doland
    4. Bruce E. Burdick
    4 lawyer answers

    Photographers do own the copyrights in the photos they take, but their subjects' rights are limited. People in public have no privacy rights, so they can be photographed, and they can still consent to be photographed, but they still have "publicity rights" as noted by my colleague. Since a Facebook posting isn't "commercial," like advertisements are, CA Civil Code section 3344 wouldn't apply. For the same reason, the trademark rights of Nike and Coca-Cola wouldn't apply because the FB...

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  3. If I put a photo on my website in 2006 and it gets copyrighted in 2007 can I be sued for statutory damages?

    Answered almost 2 years ago.

    1. Pamela Koslyn
    2. Andrew Kevin Jacobson
    3. James Michael Slominski
    3 lawyer answers

    Do you mean you started infringing their photo before they registered it for a copyright? They could only sue for statutory damages (and therefore not have to prove their actual damages from their photo being on your obscure website) if their photo was registered with the Copyright Office prior to infringement, or within three months of publication. 17 U.S.C. section 412. EVen if you were sued for statutory damages, you might be able to show that your infringement wasn't willful, and get...

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  4. Can a person's agent/manager/etc sign an audio/visual release form on their behalf and it be binding?

    Answered about 2 years ago.

    1. Pamela Koslyn
    2. Maxwell Seaton Felsheim
    3. Daniel Nathan Ballard
    4. Shawn Rogers Nolan
    5. Maurice N Ross
    6. ···
    6 lawyer answers

    Yes. Personal management contracts often give the manager the right to enter into contracts on behalf of their artists (and importantly, the right to give 3rd parties the ability to rely on the manager's signature on behalf of the artist. In practice, too, with just oral contracts between personal manager and artist, it's common for personal managers to be empowered to enter into contracts on behalf of their artists. Let's face it --artists' strong points are not always paperwork, and...

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  5. My roommate disappeared. left his stuff and his dog in his room.

    Answered over 2 years ago.

    1. Pamela Koslyn
    2. Laura Mcfarland-Taylor
    2 lawyer answers

    Yes, you can treat his possessions (including the dog, which is according to law just a possession of personal property) as "abandoned" if you've acted reasonably to give this roommate/tenant notice of a deadline by which you're going to get rid of their property. Think of what would happen if the roommate came back and found you had gotten rid of their dog and other stuff --how would you defend it? You'd show the court a copy of a letter sent by a provable means of delivery - FedEx,...

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  6. Can a detailed video of a crime be rendered inadmissible?

    Answered over 2 years ago.

    1. Pamela Koslyn
    2. David Jon Pullman
    3. Pius Joseph
    3 lawyer answers

    Evidence is evaluated individually, for what's offered for and how reliable it is. The necessary foundation would be required to provide the facts about who took this video, what equipment was used, who had custody of the video, etc., and any problem with any of these things could cause the video to be inadmissable. Proving a crime is the cops and DA's job, not yours, so if you've got a video like this, turn it over to them and let them do their jobs. If you're the one in the video, let your...

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  7. Do I need to produce copy or drivers license and social security card when subpoena from defense attorney in discovery?

    Answered over 2 years ago.

    1. Pamela Koslyn
    2. Derryl Stephen Halpern
    3. Brian S Wayson
    3 lawyer answers

    Parties don't get subpoenaed, they get demands for production of documents. 3rd party witnesses get subpoenaed. You don't need to file any motion, you just respond to these discovery requests with objections based on your privacy rights and the irrelevancy of the requests to the issues in the case. The magic words to use are :not calculated to lead to the discovery of admissible evidence." Then if the defense lawyer wants to pursue these requests, they're the ones that need to file a motion...

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  8. Can you reopen a dissolved LLC without previous partner?

    Answered over 1 year ago.

    1. Pamela Koslyn
    1 lawyer answer

    Typically a corporate dissolution requires the owners to state that they've settled all existing debts and distributed all assets of the company. Also typically, when a partnership/LLC dissolves, there's an agreement, like there is in a divorce, of who gets what, and the LLC's Operating Agreement spell out what happens in a dissolution. A company's name, or trademark, is a valuable asset, as are its product inventory and business model (and trade secrets, customer lists, etc. etc.). If...

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  9. Is this a Breach of Contract?

    Answered over 2 years ago.

    1. Pamela Koslyn
    2. James P. Frederick
    3. John Noah Kitta
    4. Scott Richard Kaufman
    4 lawyer answers

    I doubt it. Essentially you're asking "what does my contract say"? and of course only someone who's reviewed your particular contract can provide a meaningful response. But diid you read the long and complicated contract they asked you to sign before you signed? Or did you just rely on an ad? Where did you get the information about the package you ordered, and are you sure the 7000 programs were included, rather than available with these other pieces of equipment? Realize that your...

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  10. Is a private (non state or federal) business required to provide an employee handbook?

    Answered over 2 years ago.

    1. Pamela Koslyn
    2. Tai Christopher Bogan
    3. Michael Charles Doland
    3 lawyer answers

    Public, private, large, small --every type of company can have one, or not, as they like. Most big businesses do, since it's going to be written to protect them.

    8 lawyers agreed with this answer

    1 person marked this answer as helpful