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Pamela Koslyn

Pamela Koslyn’s Answers

26,411 total

  • Must breach of contract action by California entertainment talent manager with former client be heard by the Labor Commissioner?

    The manager did not expressly advertise her services, such as having a shingle out at physical location. Manager obtained clients mostly through word of mouth and her deals were oral and not in writing. However, the manager still wants to pursu...

    Pamela’s Answer

    Whether a contract has been reduced to writing or not has nothing to do with whether the Labor Commission has jurisdiction.

    In CA, it's entirely possible to enforce an oral contract or an "implied in fact" contract. But those kinds of contracts are harder to prove than written ones, for obvious reasons.

    The Labor Commission governs the Labor Code sections that are known as the Talent Agency Act, a law from the 1920s originally intended to prevent unscrupulous agents from taking unfair advantage of their clients. Now it's misused by talent who try to avoid paying anyone who gets them work and who doesn't have an agent's license and who doesn't fall into an exception to the draconian rules or whose talent's claim for disgorgement (yes, sometimes violators have to give earned moeny back if their contracts are deemed void) are past the statue of limitations expiration date.

    Sound complicated? It is. Most legal questions are fact-dependent and are indeed complicated. So the common and in this case applicable advice is to see your own lawyer for help.

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  • Looking for experienced Hollywood Insider atty to proceed with cease and desist order against production company (high celeb)!

    The highly respected Hollywood film production company is going to produce a new movie about Russian-German history. The descendants of the main heroes (German noble families) are still alive and do not wish the defamation. We mailed the company a...

    Pamela’s Answer

    You do need a consultation with an tertainment litigator.

    You seem to be assuming there will be defamation. Defamation means provably false facts, not simply negative or unflattering portrayals. Also, since no one owns historical facts, you may be in for a disappointment.

    Your own lawyer can better advise you once they have reviewed the facts.

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  • Why?

    What are some of the reasons the person doing the interview separate the husband and wife?

    Pamela’s Answer

    If you're referring to immigartion, they're looking for sham marriages, and different answers to the same question could indicate that.

    Also, there's an evidentiary spousal privilege so that 1 spouse can never be compelled to testify against the other spouse.

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  • Can a website hosted in the United States get sued for trademark infringement by someone or entity in another country?

    Can a website hosted in the United States get sued for trademark infringement by someone or entity in another country? Sub Question: If the answer is yes, does the laws of the prosecutor's country or the laws of the United States apply in court...

    Pamela’s Answer

    You continue to confuse civil lawsuits with criminal prosecutions.

    Hire a lawyer.

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  • Punishment for trademark infringement.

    Suppose someone claims that you are infringing their trademark and wins the case and wants all the profit made during the time you were using the infringing trademark. Do you have to give the prosecutor all the profits made during the time you wer...

    Pamela’s Answer

    Please see my other response.

    You're in over your head and need to hire a lawyer.

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  • If you are hiring for a spokesperson position and many applicants send in pictures as part of their application...

    Can you then use those photos of those who you didn't hire in advertising if they did not indicate they were copyrighted. Since they sent them willingly or does it require more than just willingly to take such action? what constitutes free use f...

    Pamela’s Answer

    No, you can't use submitted photos unless you have written consent from both the photographer (for the COPYRIGHT rights to their photo) and from the person in the photo (for the PUBLICITY rights to their image, plus their CONTRACTUAL agreement to have their image used for this advertising purpose). It''s also possible that the person in the photo bought the copyright to their photo from the photographer, and you need their consent for a the copyright rights, rather than from their phototagrapher.

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  • Cease and desist letter in a trademark infringement case?

    Can the prosecutor in a trademark infringement case request money or request that the defender face jail time before sending the defender a cease and desist letter?

    Pamela’s Answer

    You're confused.

    You got a cease and desist letter from a private CIVIL law firm, probably Johnson & Pham in Woodland Hills, CA, threatening you about stopping infringing on the firm's client's products and asking for money.

    CIVIL lawyers are not CRIMINAL prosecutors, and it's just a letter. Criminal prosecutors work for the government, and for us, the people who expect the government to enforce the CRIMINAL laws. Only convicted CRIMINALS face jail time.

    Johnson & Pham, however, if ignored, will sue you in CIVIL lawsuit, literally, a federal case, because most trademark law is federal, for money damages. They will not go away if ignored, they'll sue you, because the existing laws are harsh, they have a strong case against you, they bought one of our counterfeit products, and they know a judge could award their client $2M per infringed trademark..

    .Hire a lawyer immediately to negotiate a settlement BEFORE you get sued, so it goes away quicker and the damages are minimized.

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  • How do i stop a show from airing my part?

    So I had a nude scene on a show. A pool party scene, I wasn't the only naked one. And I provided fake documents to prove my age. I'm underage in fact. And now I regret it and don't want to get in trouble. How can I stop them from airing my face or...

    Pamela’s Answer

    My colleagues have provided good advice. You need to hire a lawyer immediately to deal with this film company to pressure them to edit you out of this film.

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  • Minor (14-18) Photographing Nude Models (18+)

    Is it legal, with parental consent, for a minor individual to photograph a nude figure of legal age (i.e. model) in non pornographic (no sexually explicit) positions? I am a member of a local photography group which wants to allow a minor photogra...

    Pamela’s Answer

    The only definition I know of a "child pornography" is when the OBJECT is a child. The age of the creator of the work doesn't matter,

    Having the minor creator's parent present is a good idea to avoid any controversy about exposing the minor creator to nudity. Minors aren't legally capable of consenting to sexual activity and nudity connotes sexual activity, even if your group's activity is essentially photography and nudity is just one aspect of it.

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  • A friend of mine was supposed to be buying my car, but has stopped making payments and moved out of state. What can I do?

    (Texas)My friend agreed to buy the car from us has stopped making payments and has moved out of state. The car is in my name solely. What are my options to get the car back? Can I report it stolen since I have asked her to return the vehicle mu...

    Pamela’s Answer

    You can't convert a civil wrong into a criminal one. Your "friend" is in breach of the (probably oral) contract to buy your car, and you need to sue them where they live now to get compensated. Unless you had a written contract that says so, or a UCC-1 financing statement filed for a security interest in the car, you can't get it back (and would be obligated to give them their payments made back), a practical matter, if you sue them and they have no money, they might give it back to you.

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