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Pamela Koslyn

Pamela Koslyn’s Answers

26,430 total

  • Who holds the legal rights to the Irving Berlin estate?

    I am particularly interested in the song God Bless America.

    Pamela’s Answer

    You seem to be assuming that the estate of that songwriter owns the song, and that this is a simple question.

    Ownership and control are sometimes not at all simple, and it may or may not be true that the estate owns the musical composition. Perhaps you want to license it.

    Some uses, such as for "mechanical" licenses, are compulsory, meaning the songwriter has no choice but to agree to such a license, with the royalty rate set by the U.S. Congress. Other types of licenses, such as "synch" licenses, which are used when a song is used with video such as in film or TV, require permission (and fees paid to) the music publisher/owner of the musical composition.

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  • I need an attorney to write the terms and condition for my music website.

    i am going to have soundtracks for Film/TV/Games on my website. I am going to give them for free for personal use (to download and listen,for blogs or tutorials) as long as they don`t commercialize something in the video/blog/tutorials. My only co...

    Pamela’s Answer

    The correct terminology is that copyright is a noun, not a verb. You need to REGISTER your creative works for a copyright.

    This is a very ambitious undertaking. There's a right way to do this and a wrong way, and you need to your own IP lawyer to launch this web-based business and protect your IP correctly, including but by no means with limitation, your website's terms and conditions. Since copyright law is federal, any lawyer licensed i any state can help you.

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  • I got a Cease and Desist letter from CBS, what should I do?

    Dear Lawyers, I live in the Middle East, I am not a US Citizen. I have an Internet shop, I am selling things I find on eBay and Amazon. I do not have any stock, when I get an order, I order from e bay, it's called Drop-shipping. I was sel...

    Pamela’s Answer

    Don't you watch cop TV shows? You know, when they're required to warn you that "anything you say can and will be used against you in a court of law"? That's a criminal-context Miranda warning, but it holds true for civil claims also. You've made damaging admissions now that you can't step back from about the status of what you've been selling . NEVER do that, always hire a lawyer to represent you and NEVER contact an opposing party yourself.

    That said, you're in the Middle East, and that means CBS is almost certainly not going to sue you. Notice I used "almost"? that's because anyone can sue anyone anywhere for any reason, although whether they can win is a big question, and whether they can collect if they win is an even bigger question. But it's not impossible that CBS will pursue this, depending on the scope of what you've done. Assuming CBS owns the rights to what they claim to own, and even assuming they have affiliates in the Middle East where you are, so far all they've done is send a letter. Not a Summons and Complaint. Even if they do sue you where they are, let's say NY, and hire someone to serve you in the Middle East with the paperwork, and then assuming further they litigate this case and get a huge judgment against you because you don't defend the suit, do you care? It's not like you work in NY and they can garnish your wages, or that you own property in NY (or they go even father and domesticate this judgment elsewhere) to try to attach the property you own wherever you own it. If none of that's true, then you can ignore the demand.

    If, however, you do plan on living in the US at some point, then you care what your US credit profile looks like and you may then have a real interest in avoiding a judgment. But a decision about whether CBS is likely to pursue this is something you should discuss PRIVATELY with your own lawyer to see if it makes sense to negotiate a settlement. Like contacting opposing counsel on your own, posting the details of your situation on a public forum like this is a bad idea.

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  • Question for product liability and litigation attorneys

    How long does it typically take for a law firm to actually file a risperdal lawsuit on your behalf after the firm has agreed to take your case? I have been represented by this particular Law firm for over a year regarding a risperdal lawsuit agai...

    Pamela’s Answer

    There's no definitive answer to this because there's no average. Every case is different and every law firm is different. This firm may be doing factual and/or legal research, and/or may be trying to organize a class action.

    You should ask one of the lawyers in charge of your case (not a paralegal, not an assistant - a lawyer whose name will be on the complaint) when your statute of limitations runs. That's their actual drop-dead deadline to file. Any other deadline is meaningless.

    But they're your lawyers and they should do what they say when they say it.

    Ask the lawyer in charge of your case when they will file your lawsuit. Ask them to send you copies of every document filed for or received by this firm. Ask them to send you an email update every month, and when any important event happens in your case.

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  • There are waxless candles made for sale that are done in the same methods giving a similar look and function. If I create a

    a way to hold the center tea light differently and still look the same as other candles, is this method able to be copyrighted or not? and if there are several ways to do this can these methods be copyright?

    Pamela’s Answer

    COPYRIGHTS are for expressive, creative works, like songs, plays, books, sculptures, paintings, etc. Candles don't get registered for copyrights.

    PATENTS are for inventions and processes, and it's theoretically possible to use a DESIGN PATENT or even a UTILITY PATENT if this candle does something differently than the "prior art," but patents are very expensive to acquire and enforce, so you're better off protecting a product like a candle with a TRADEMARK for your company's goods.

    The idea there is that a TRADEMARK, for an example GREEN GIRAFFE CANDLES, which is an arbitrary and fanciful name having nothing to do with describing the candle, would, through advertising and marketing, acquire association in consumers' minds with your company as a brand and the source of those goods.

    See your own IP lawyer to help you launch this business and protect your IP.

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  • Civil Petition

    If a defendant (Civil) files petition for relief from judgment/order ( three months after the final judgment is made), given that he has a reasonable ground, does he need to summon the other party or subpoena the other party? Federal civil procedu...

    Pamela’s Answer

    A Summons is to start a complaint. A motion for relief from a judgment in an existing case is not a new complaint.

    Litigation is not a DIY hobby. You're best off hiring a lawyer.

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  • How do I describe my relationship to plaintiff and defendant when testifying as an eye-witness?

    I was employed by a temp agency last year and contracted out to the plaintiff's business, which is now suing the homeowner whose property was part of the route on which I was assigned to perform my job duties. I was asked to testify as an eye-witn...

    Pamela’s Answer

    "Testifying" means live testimony, not a letter. Not sure why you'd want to write a letter to the company. It's extremely unlikely that anyone would accept a letter in lieu of your appearance.

    You were not "asked" to testify. You were subpoenaed. That's not an invitation you can decline, it's a court order.

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  • When you leave a business, how can you keep employees from spreading rumors

    had an employee leave and was spreading rumors

    Pamela’s Answer

    "Rumors" may, as my colleague suggests, a foible we humans are prone to.

    But some employers perform "exit interviews" with departing workers, making sure the employer gets their property back, and perhaps entering into a mutual release agreement to prevent possible lawsuits. when properly drafted, these kinds of agreements can contain confidentiality and non-disparagement clauses to discourage if not eliminate critical expression about the employer.

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  • Review Terms of Service for Volunteer Placement Not-For-Profit

    We are a startup not-for-profit organization that offers international volunteer placements and we want a lawyer to create our terms of service and review our current liability waivers.

    Pamela’s Answer

    There are plenty of lawyers in the Baltimore/DC area who can do this. Check Avvo's "Find a Lawyer" link for business lawyers in your area.

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  • Can I sue, or shut down online store?

    If an online vendor sells you multiple items and the quality of the product is cheap and and one item you didn't receive and you have proof and you request a refund and they refuse to refund can you have the store shut down or sue if they refuse ...

    Pamela’s Answer

    "Shutting them down" is not within your power, even if you successfully sue them. Anyone can sue anyone for anything, but it may not be worth it if the defendant is in another state, or provides for a refund policy and/or dispute resolution process (which you agreed to when you chose to patronize them) that's too difficult to pursue.

    Check the vendor's terms of use to see what their refund policy is and how disputes are resolved.

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