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Dane Johnson

Dane Johnson’s Answers

344 total


  • I have an s corporation and want to change to an LLC

    I have an S corporation and I missed my filling date so I have to pay a fee. I was looking into LLC and I realized that I don't need an S Corp and would like to change it to LLC. what would I need to do? And do I still have to pay those filling fe...

    Dane’s Answer

    The state may require payment of outstanding fees to bring the business into compliance and maintain its active status. But the larger issue seems to be the need to add a small business lawyer to the professional advisors that you should have. Consulting an accountant would also be useful as a corporate conversion may be a taxable event. Good luck.

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  • Are there any options for a writer seeking representation with a publishing house?

    I am a writer seeking representation for my book...the typical process for the industry is to submit queries to literary agents. It is a long tedious process with long odds. However, since mainstream publishing houses restrict submissions to only...

    Dane’s Answer

    Entertainment lawyers represent authors regarding matters like publishing agreements and rights, but they don't generally act as literary agents to sell a book to publishing houses. All of the major talent agencies have literary divisions, so it may be worth submitting to them as well as individual agents.

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  • What can i use from the NFL information for a school web design class that I am using for class and not violate copyright law

    Could I use team stats ,, injury numbers or anything else that could help I need 4 things for my class project that is my final grade. would prefer to single out the bears but am not sure what to do there either. I have no intention of selling an...

    Dane’s Answer

    • Selected as best answer

    Copyright might protect creative arrangements of numbers and statistics, but the numbers and statistics themselves are not something that anyone can copyright. Other kinds of material related to a sports team like player photos, video clips, and team logos would be protected by copyright, trademark law, or other means. But even when work is protected by copyright, "fair use" can be made of it for some purposes.

    It isn't always easy to tell when something qualifies as a fair use, but some situations are less likely to raise legal issues than others. One could, for example, probably use a very small portion of a copyright-protected work, like a few lines from a news report, for scholarship without much concern. I am including a link if you are interested in learning more after you finish your class project. Good luck.

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  • Am I able to sue if I own licensing and distributing rights to a movie or television series?

    I have exclusive licensing of a film but see others distributing and streaming it online. Does the copyright holder need to sue or do I have the right to sue? To make things more complicated the original copyright holder is international and want...

    Dane’s Answer

    In the copyright context, an exclusive right to license works does not necessarily include the right to sue a third party for infringement. I agree with Ms. Vaccaro that the licensing agreement is key to determining who has standing (the right to sue). If it provides that ownership of the work remains with someone other than the exclusive licensee, then it is likely that only the copyright owner can sue. Consult a copyright lawyer in your state to review the agreement and advise you of your legal rights.

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  • I'm publishing a kids abc book. On the page for X, I drew an xylophone based on my sons toy xylophone. Am I violating a trademk?

    This specific toy xylophone is very popular...tons of homes have it. Even though I hand drew it and removed the toy logo from my drawing, could I be infringing any copyright or trademark laws that I could be sued for?

    Dane’s Answer

    If the drawing was an original work rather than a copy of a photo or another drawing, it's not an infringement of someone else's work. It may be possible to infringe copyright in certain elements of a product like a toy xylophone, but those elements would first have to be there. The utilitarian parts of the toy would not be protectable through copyright.

    Trademark infringement would depend on whether there is any likelihood of confusion with the source of the drawing. Would anyone believe that the toy maker was somehow involved? Even though no logo is shown, if shape, color, or other trade dress elements are able to identify the toy, it's perhaps at least possible that there could be an issue. Since it makes sense to work with a lawyer on eventual publication of your book, I would find one in your state and consult with him or her on your intellectual property questions too.

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  • I'd like to trademark a phrase I created. Is Legal Zoom legitimate? Or should I hire a real attorney?

    I'm looking for an affordable way to trademark a phrase I created. I'm wondering if Legal Zoom is thorough enough and legitimate to use. Or should I just hire an attorney?

    Dane’s Answer

    I agree with many of my colleagues. I would suggest sitting down and talking with a local trademark lawyer about your plans for using the phrase and your business goals. Fortunately, you should be able to get an initial consultation at no cost. Meeting with an attorney should help you decide whether it is worth it to you to invest in professional legal services. I would add that I do believe a trademark lawyer can add significant value as well as potentially save you a great deal by helping you avoid future legal issues.

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  • I work in a old building that is saturated or hosts noticeable black mold inside.

    There are many areas that have decaying ceiling drywall (I wish I could attach pics). the building is over 50 years old. It also has asbestos floors We have older employees who are sick often and it's has been over 2 years since a complaint has be...

    Dane’s Answer

    If anyone has been diagnosed with mesothelioma or another condition caused by asbestos in the workplace, he or she may have a workers' compensation claim. Unfortunately, asbestos-related illness can take decades to become apparent. If there are current health problems related to mold infestation in the workplace, however, they could also be the basis for a workers' compensation claim. Whether a claim for either disease would preclude also taking the employer to court would depend on the particular facts.

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  • Morghfen sponge bone put in my neck , never F D A approved, perment damage

    Been sick for 8 yr's never can work again.on S S D

    Dane’s Answer

    Medical treatments that are not approved can be the basis for legal action against doctors, hospitals, and manufacturers, so it is certainly possible that you may have a claim. Much more information will be needed, and important time limits apply. I suggest consulting an Oregon attorney who can review all of the facts and medical records. Most will provide an initial consultation at no cost to you, so do not delay in contacting a lawyer about your potential claims.

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  • What can I do if the lady that ran over my dogs leg won't pay the vet bill.

    A lady ran over my chihuahua's leg. She had seen my dog but kept on speeding (a hit and run). She has also seen that she ran over him but decided to keep on driving. Everybody in the neighborhood says that she doesn't care, she will keep on speedi...

    Dane’s Answer

    Letting a dog run at large is generally negligent, but that does not necessarily mean that a driver who fails to use reasonable care and hits the dog would not be liable. As in my state of Oregon, the rule in South Carolina is comparative negligence. As long as a plaintiff is less than 51% at fault, that plaintiff can still recover if his or her negligence does not exceed the negligence of the defendant. The recovery will be reduced in proportion to the plaintiff’s negligence. If the driver intentionally struck the dog, then the dog owner's negligence would not be an issue. Assuming that the driver was merely careless, then a claim for negligence could lead to recovery of damages in the amount of the dog's reasonable and necessary medical treatment.

    I recently represented the dog owner of a chihuahua that suffered a broken leg after being attacked by another dog. Veterinary treatment for the fracture was approximately $6,500.00. You may want to consult an animal law attorney or injury lawyer in your state.

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  • My ex left our cats at my house for 5 months and has not paid at all, and now wants them back. How can I gain ownership of them?

    My ex boyfriend moved in with me and my dad in the basement for a year. He claimed to give me one of the cats when we first met but never put my name on the ownership papers. We broke up a year after he had moved in with me and left the cats in my...

    Dane’s Answer

    If you are in possession of the cats and the former boyfriend wants to recover them, he could file suit for refusing to return them. You could also sue for a judgment declaring yourself the proper owner. Companion animal custody cases are usually decided based on which party has better evidence of the former couple's intent regarding the animal. Registrations, licenses, vet records, and the like are some evidence of ownership, but so are statements of witnesses and the parties. The question of which party may provide the better home for the animal is also sometimes considered, but courts are often reluctant to do so.

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