Gary K. Marshall's Answers

Do I need to get a license to use the song "In the Hall of the Mountain King" in a video for a video contest? If so, how?

You ask a deceptively complex question. There are two copyright rights in music. The first is the composer’s rights. The second is the performer’s rights. I will deal with the composer’s rights first. I looked up your song on Google and it appears the song was written by Edvard Grieg and first published in 1876. The copyright right has to have expired a long time ago. So you are free to use that piece of music. Had the piece still been protected by copyright, you would have needed to...

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How can I stop slander? This is not libel, only slander.

This is a defamation issue. Libel is written defamation and slander is oral defamation. The first thing I would do would be to respond in the same circles in which she communicated. Your response should not be overly defensive or overly aggressive, and should stick to the facts. I would also put her on notice that you are aware of what she is doing. It sounds like you have done both of these things. Good for you. Then I would leave it alone and let it die out. I would not have an...

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Am I liable for the programs I program.

I think the question answers itself. If you use someone’s computer without their permission to harm someone else, are you responsible for the resulting damages? Of course you are. I can think of many state and federal laws, both civil and criminal, that you would be violating. I defend people like you on the civil side, and the first thing I tell them is that I will not be getting them off. They will have to pay something in damages. The only question is how much. Don’t do it.

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Can I get a trademark application revoked if it infringes on an established brand?

Assuming you are talking about federal trademark registrations, there is one procedure for challenging a trademark application before it is approved, and a different procedure for canceling a trademark application after it has been approved. Both procedures are complex. You should see a trademark attorney. I note that they filed their trademark application before you began to sell your product. Keep in mind that your trademark registration only gives you a rebuttable presumption that your...

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Is it a invasion of privacy if you take a picture of a girl with her top off exposed if it was in a night club on a dance floor?

I agree that this is not strictly an invasion of privacy issue. But I think you know the answer. Does it feel right to you to post those pictures? Of course not. Would you feel comfortable defending your actions before a judge in a court of law? I doubt it. Legal arguments could be made either way — it is ok or it is not ok. But most of the time the facts decide the case, and if you post or otherwise distribute those pictures you are a scumbag. Period. If she chooses to make an issue of it, the...

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Am I free to use unaltered digital images of public domain works?

Your analysis is sound. If they added any creative expression to the image, no matter how small, such as cropping, or photo shopping the image, then they do have a copyright in the version of the photograph that they posted on their website. But if they have not altered the image, then they can not claim copyright protection. On the other hand, the University of Washington takes a very aggressive stance on copyright issues. They also claim copyright protection in their older buildings, even...

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I want to secretly record (video and audio) job interviews and post them on a website. Are there legal ramifications for me?

I would strongly advise against it. Sorry. It is unlawful to audio record a conversatoin without the permission of everyne involved. RCW 9.73.030. It would also probably be an invasion of the interviewee's privacy to audio and/or video record the job interview and post it without their permission.

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Can gaming images be reproduced on computer keys for personal use or resale without copyright infringement?

The short answer has already been provided by two other attorneys. I would only add some general copyright advice, “when in doubt, get permission”. But this raises a major issue in copyright law right now. As the law is written, there is very strict liability for even making a single copy, and as has been already pointed out, you don’t even have to be aware that you are infringing on someone else’s copyright to be liable. If you have copied an image, you could be liable for between $750 and...

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How do i remove my post

I think the better answer is – You can’t. Yes you can sometimes take down a post and it is really gone. See previous Attorney answer for the way to do that. But most of the time, once you post something out there on the Internet in a public forum it is there permanently. Even if you succeed in having the original post removed, it is likely that someone has copied it or archived it. For example, Google has computers that are always automatically searching the Internet for new content....

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Is a non-compete agreement enforceable in WA State, if I was layed off & the company eliminated the position in all states

These situations are very fact dependent, so it is impossble to give you an answer here. What does the contract say exactly? What were you doing for the company and what are you doing now? And that is just a start. You need to sit down with an attorney and go over your specific situation.

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