Heather M Morado’s Answers

Heather M Morado

Seattle Entertainment Lawyer.

Contributor Level 5
  1. Can we use someone else character in our own game, If we did all the art independently and not using original name?

    Answered over 1 year ago.

    1. Paul Karl Siepmann
    2. Heather M Morado
    3. Ivan Jose Parron
    3 lawyer answers

    I agree with with my colleagues that a consultation with a lawyer is not a luxury, but a necessity. I would also add that in addition to potential copyright and trademark infringement problems, to the extent that any of your characters are based the image, likeness, or persona of a celebrity, you could also be subject to claims for misappropriation of the right of publicity. Also, keep in mind that even if you can make a cogent argument that your actions are permissible as parody or satire,...

    Selected as best answer

  2. Can an agent legally add a Sunset Clause?

    Answered 8 months ago.

    1. Ivan Jose Parron
    2. Heather M Morado
    3. Rochelle S. Rabin
    4. Daniel Gary Rosenthal
    4 lawyer answers

    Mr. Parron is correct that a sunset provision is one of many negotiable terms in management agreements. The rationale behind this type of provision is that the manager’s efforts to help develop an artist’s career may continue to bear fruit after the expiration of the management agreement. One potential compromise could be to provide that the manager’s commission gradually decreases over the length of the sunset term. In any event, you should definitely hire an entertainment lawyer to advise...

    8 lawyers agreed with this answer

  3. How much of a person's 'likeness' can I use in a book?

    Answered over 1 year ago.

    1. Daniel Nathan Ballard
    2. Ivan Jose Parron
    3. Heather M Morado
    4. Pamela Koslyn
    5. Philip Leon Marcus
    6. ···
    6 lawyer answers

    Depending on whether the person you portrayed is a public figure, and also how the person and the interview are portrayed, you could be vulnerable to claims for defamation and copyright infringement. You should hire an entertainment lawyer to review your book and advise you regarding any potential legal liability.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. How do I properly terminate a management contract?

    Answered over 1 year ago.

    1. Pamela Koslyn
    2. Heather M Morado
    3. Matthew Jason Staub
    4. Bartley F Day
    5. Ivan Jose Parron
    6. ···
    7 lawyer answers

    I agree with the other attorneys' recommendation that the first step should be to review the applicable termination provisions in your management agreement. For example, agreements will often require that in the event of an alleged breach, the non-breaching party must give the other party notice of the alleged breach and an opportunity to cure the breach within a specified time period. You will want to make sure that you adhere to the procedure to effect termination according to your original...

    5 lawyers agreed with this answer

  5. How do I fight against a suit for allegedly infringing on copyrights?

    Answered over 1 year ago.

    1. Gary K. Marshall
    2. Michael P Matesky II
    3. Heather M Morado
    4. Bruce E. Burdick
    4 lawyer answers

    It sounds like you are claiming that you did not illegally upload/download the film. If you have an unsecured wireless network, or you allow others to access your network (such as roommates), it's possible that someone else could have made an illegal download. Usually in these types of cases, the copyright owner sues thousands of "John Does" in a single lawsuit, and then serves subpoenas on internet service providers to obtain the identities of the alleged infringers. Generally, the most...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. Are there ASCAP/royalties/copyright exceptions for VERY small ventures or not-for-profit ventures?

    Answered over 1 year ago.

    1. Ivan Jose Parron
    2. Philip Leon Marcus
    3. Heather M Morado
    4. Daniel Nathan Ballard
    5. Bruce E. Burdick
    5 lawyer answers

    This area of the law is complicated - to begin, there are two copyrights to consider, one is the copyright in the underlying composition; and the other is the copyright in the the actual performance of the composition. For example, assuming you are referring to J.S. Bach (the famous German composer that died in 1750), his compositions are no longer subject to copyright. However, your group performance of his composition will create a separate copyrighted work. At a minimum, you should have a...

    3 lawyers agreed with this answer

  7. For an original song, do both the producer (beatmaker) of the track and the lyric writer (artist) get 100% of publishing?

    Answered 12 months ago.

    1. Heather M Morado
    2. Paul Jonathan Sieg
    3. Jennifer Christine Pratt
    4. Shawn Rogers Nolan
    5. Colleen Mary Ni Chairmhaic
    5 lawyer answers

    The total copyright ownership in a composition totals 100%, not 200%. Generally, the writer's share is 50% and the publisher's share is 50%, for a total of 100%. Traditionally, a co-publishing agreement in an arrangement under which the writer gets 100% of the writer's share (i.e., 50%) and 50% of the publisher's share (i.e., 25%) for a total of 75% (writer) 25% (publisher). Since neither the producer nor the artist are signed to publishing deals in your example, you can both self-publish...

    2 lawyers agreed with this answer

  8. I have begun writing a novel, and require my fictional characters to interact with deceased public figures, such as John Lennon

    Answered over 1 year ago.

    1. Andrew Kevin Jacobson
    2. Paul Jonathan Sieg
    3. Ivan Jose Parron
    4. Heather M Morado
    4 lawyer answers

    While it appears from your post that you are concerned about violating defamation laws, these are not applicable because you can't defame the dead. You can, however, violate the right of publicity of a deceased person. Right of publicity laws vary from state to state, so you will first need to determine whether under a particular state's law, if the right was descendible upon the character's death. Further, certain state laws also provide exemptions from particular uses of rights of...

  9. Can I use my school's name on products for sale?

    Answered over 1 year ago.

    1. Richard T Matthews
    2. Clark AD Wilson
    3. Michael Alan Shimokaji
    4. Heather M Morado
    5. Maurice N Ross
    5 lawyer answers

    If you don't have a license to use the university's name in connection with the sale of merchandise, it could form the basis for a claim of trademark infringement. However, as a practical matter, given that you are a student of the university and your proposed sale of merchandise is small-scale, there's a good chance that the university might grant you permission if you ask. Good luck.