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Nicholas Duane Myers

Nicholas Myers’s Answers

15 total


  • Can i copy right my lyrics to a beat that belongs to someone else

    hi im problem child.i am in the process of puting out a mixtape.but lack on information as to what would be the safest way to do so.one of my questions is,is there a way you can copyright the whole mixtape under one work.while this is a mixtape no...

    Nicholas’s Answer

    If you are the sole author of the lyrics, you are entitled to copyright protection in those lyrics, both in written and audio form. You may also be able to claim authorship on the arrangment/mixing of the beats, lyrics, etc. When you file a copyright application it give you options to claim certain parts of the work and disclaim ownership/rights in other parts.

    However, you should also be aware that the creators of the beats are likely entitled to protection of their work and, therefore, the distribution of a mixtape containing their work could be considered copyright infringement. Damages for copyright infringement can be quite significant in light of the potential recovery of actual damages, statutory damages, punitive damages, and attorneys' fees.

    If an owner of a beat does sue you, he/she might very likely demand that you not only cease all use and pay damages, but also that your copright registration be invalidated. So, it might be safest for you to file a copyright application just on the lyrics either recorded with no beats or in written form.

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  • Does the retainer fee go toward your case when you hire an attorney? what the retainer fee really mean?

    My sister hired an attorney, he told her his retainer fee was $2000. Did this mean the amount she paid was just to hire him, or does it goes toward her case?

    Nicholas’s Answer

    It is a deposit to be applied toward future services which the attorney should provide an invoice for, showing the fees incurred and application of the retainer toward those fees.

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  • LLC Formation

    What needs to be recorded when forming an LLC in California? Must the operating agreement be recorded? If the operating agreement needn't be recorded, what does one do with it? Just store it somewhere? Thank you

    Nicholas’s Answer

    There are only two documents that must be recorded during the creation of an LLC in California: 1) the Articles of Organization, which are the first thing you file; and 2) the Statement of Information, which must be filed 90 days after formation of the LLC. You absolutely should have an Operating Agreement in place but it does not get recroded anywhere. Simply maintain it in a safe place so that you can refer to it as needed (since it should provide the basic parameters about how the LLC is to operate).

    Also note that you will be required to file another Statement of Information every two years.

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  • I was sued in federal court for trademark infringement for the website i have taken out, is this case civil or criminal?

    is this purely civil or criminal case for trademark infringement case?

    Nicholas’s Answer

    In all likelihood, this is a civil matter since you make no mention of having been arrested. If the Plaintiff is another person or is a business, then in all likelihood it is a civil matter. To be absolutely sure, look at the causes of action listed on the Complaint and see if they are based upon civil rather than criminal codes/law.

    Best of luck.

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  • Relative to business structure, if personal privacy is my main concern, which type should I choose?

    I am starting a new business (in California), but want to keep my own name and residence address as private as possible. The attorney I consulted advised that a Corp or LLC wouldn't afford much more personal privacy than a sole proprietorship. He ...

    Nicholas’s Answer

    The bottom line is that documents required to form any of the company structures you have mentioned are going to require at least some detail about you personally if you are going to be the owner of the company. However, with any of these structures, there are additional steps that you can take, such as establishing an alternate address from your home address so that you do not have to list it on certain documents.

    Comparing LLC's to corporations, in general the LLC requires less filings and, therefore, your information would be needed on fewer documents, which may put your mind a little bit more at ease.

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  • Hire lawyer just to file appearance and nothing more?

    The magistrate is threatening to strike my company's answer if we don't hire a corporate attorney for the LLC. If we hire a lawyer only to file an appearance and then "fire" the lawyer or at least don't pay the lawyer for anything else, will that ...

    Nicholas’s Answer

    Simply put, no. A corporation or LLC must be represented by an attorney through the entirety of a civil proceeeding. If the court becomes aware of the fact that the company is not represented, it will inform the company that it must retain counsel or be barred from proceeding in the litigation.

    You should retain an attorney to represent the company for the entirety of the the case.

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  • Am i at risk for being sued by using sexipedia.com domain and brand name "sexipedia"? i am worried expedia.com might try to sue

    i am the owner of the domain and i want to build the wikipedia of sex basically.

    Nicholas’s Answer

    Your question seems to hinge around trademark law and whether your domain would infringe upon the trademark rights of expedia.com. When analyzing infringement, courts look at likelihood of confusion, meaning whether consumers are likely to be confused into believing that the products of one company are offered by or affiliated with another company (in your case, whether expedia.com is the owner of or affiliated with sexipedia.com).

    Throughout the Ninth Circuit, of which California is a part, the courts use what is known as the Sleekcraft test, which looks at a number of factors:

    1.Strength of the mark
    2.Proximity of the goods
    3.Similarity of the marks
    4.Evidence of actual confusion
    5.Marketing channels used
    6.Type of goods and the degree of care likely to be exercised by the purchaser
    7.Defendant's intent in selecting the mark
    8.Likelihood of expansion of the product lines

    If I were you, I would compare your mark to the expedia.com mark using these factors. Know that not all factors are equal and that courts are granted the flexibility to give more weight to one factor over another.

    I would recommend analyzing these factors with the assitance of an attorney. I would also recommend that you run through the same analysis with wikipedia.com (since there are some similarities in the name and you specifically mention that you are try to create the wikipedia of sex).

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  • Spoke with several attorneys and received mixed opinions on Startup entity formation and what it would protect us against. WHY??

    We've spoken with many attorneys (and we try to find the best) and received about a 50% mixed message on whether or not to form an LLC or not and what it would do for us. Our business is simple and straightforward; we assume there would be an obvi...

    Nicholas’s Answer

    If you have a properly formed LLC or corporation and properly maintain (make rquired filings, etc.) and properly operate the company (maintain company bank accounts separate and apart from personal accounts, don't use company assets for personal matters, etc.), then you will not be personally liable for liabilities of the company.

    In order to make sure your company operates correctly and maintains these protections, it is a good idea to consult with an attorney.

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  • Can I file a response to a civil lawsuit before I am served? I learned of the lawsuit and got a copy from the court.

    I want to file a response but was told I have to be served first.

    Nicholas’s Answer

    There is nothing stopping you from filing an Answer to the Complaint before you are served. HOWEVER, you also have no obligation to file an Answer or other responsive pleading UNTIL you have been served. Plaintiffs sometimes dismiss their case before they ever serve a Defendant. So, it is possible that you may answer a Complaint that they would have otherwise dismissed. Plaintiffs also sometimes amend their Complaint prior to filing. So, you may file an Answer to the original Complaint and then end up having to file another Answer to the Amended Complaint.

    Also be aware that filing an Answer must be weighed very carefully as you may have a basis for challenging the Complaint based upon jurisdiction or other grounds, that may be waived if you file an Answer.

    It is my recommendation that you use this extra time you have to investigate the merits of the Complaint and all possible defenses and challenges rather than preparing an Answer (which may not be necessary). I strongly advise you to look into these options with the assitance of an attorney.

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  • What happens after a defendant answers an amended complaint

    I am about to file an amended complaint because the defendant filed a demmerer what will happen after that

    Nicholas’s Answer

    Once the defendant has answered the amended complaint, then the case will proceed to the discovery stage. The court will set a case mangement conference (if it has not already) where it will set forth the schedule for discovery with input from the parties. The discovery schedule is usllay tied to the trial date that the parties mutually agree upon.

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