Peter A. Levitan's Answers

NY state intellectual property law, seeking patent protection on invention idea, USPTO application

Adam Philipp's advice is sound, that the only secure legal protection for an invention (or idea relating to an invention) is under patent law. There are a few problems with the other advice offered, however. The Copyright Act specifically states that it won't cover this situation: "In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it...

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How to terminate a contract?

I agree with Pamela that you need to start with reading your contract carefully, and see what the termination clause says - what are the permitted grounds for you to terminate, and sometimes it spells out how you have to terminate (e.g., by written notice, certified mail, within a certain time period, etc.). I would only add the following: 1. With unethical and deceitful people like this, he probably will try to demand his fee. Expect a stiff fight on your hands - denials, threats,...

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Copyright

As to the synopsis, yes. The U.S. Copyright Act Copyright Act permits copying as "fair use" for such purposes as criticism, comment, scholarship, research, parody -- and news reporting. But not all such uses are permitted, and there's no single clear test applied. This is evaluated on a case-by-case basis, using four factors to determine if the use qualifies as "fair use" and doesn't need the consent of the owner of the original copyrighted work: (1) the purpose and character of the use (i.e.,...

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Can I sue for defamation of characater?

I believe Yelp provides for business owners to be able to respond to complaints and post their side of the story when complaints are unwarranted (as they often are). Just make sure that your response is brief, calm, factual and non-combative, since the complainant may in turn respond to your response. You can also send Yelp a take-down request, but that's usually sent to websites when material posted by a user infringes a copyright, etc. Unfortunately, unwarranted criticism and consumer...

What Causes of Action do I have?

In addition to Frank's suggestion about indemnification, check your contract with the rental company to see if it includes a provision that they not only indemnify you against any claim by the renter (i.e., have to reimburse you for any expenses in connection with defending against it and any judgment), but also agree to defend against it. If so, you should be able to just submit the claim to them, and they would have to pay to defend you as well. But if so, you should also make sure that...

Do I need an attorney?

Sometimes the solution to what seems like a legal problem is to address it as a business problem instead and think about alternative solutions. In a similar situation (arranging a flight when my mother was in the final stages of cancer - and I believe it was also Delta), I contacted the office of the airline's president, and they rectified the situation once I explained its urgency. Usually, high-up executives can solve problems that regular staff doesn't have the authority to do. Here, if...

Do I need to put my corporation details on all of my products?

As the other answers indicate, the advisability of giving your “corporation details” (unclear what that means) on your products (presumably the e-books themselves) is more a matter of copyright and trademark law and good business practice than corporation law. As a matter of copyright law: 1. Copyright notices aren’t actually required to claim copyright protection, but they’re advisable in order to prevent an infringer from being able to claim “innocent infringement” (that they...

Am seeking a Lawyer for Entertainment Agreements

Pamela is quite correct that, contrary to what too many people do in the entertainment field, the time to consult a lawyer and have the contract explained (and whether it follows customary industry terms) is before you sign it and are bound to it, and not afterward. While it's true that contracts are often renegotiated in the entertainment business (at least more so than in other fields), that's usually when one side has a lot of leverage (e.g., a star) and the other side wants to stay in that...

Do I need written permission?

The 3 foregoing answers are unquestionably correct in their unanimous, unequivocal answer that yes, you need consents from the actors to exhibit or otherwise exploit your film, as well as their advice on other legal requirements before the film can be exploited. I would only add that no distributor will pick up a film that doesn't have all its legal requirements satisfied and documentation in order. Also, the permissions and consents to be obtained need to contain certain legal language (...

Are there any entertainment lawyers that charge under $50 an hour?

While I agree with the other respondents - as would any responsible attorney - I don't think they're being forceful enough in responding to what I assume is a sincere question. Law school is only 3 years of training, in which most law students, at best, work a few hours in a legal clinic as part of their training, under the strict supervision of a practicing attorney, mostly filling out fairly routine forms or handling simple administrative matters. Would you want a second- or third-year...