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...
The answer is maybe. Trademark law is rather complex, and as with most legal questions, the answer is very fact specific. Whether there are similar federally registered marks is only one of many factors that can be relevant. There is no substitute for sitting down with an attorney and discussing your situation. That would be a wise move before investing in establishing a domain name and a brand name.
Truth is a complete defense to defamation (Libel is just written defamation.) But the analysis should not stop there. You may be violating his privacy rights or committing outrage or some other tort that he could sue you for.
As always, I suggest you apply common sense. Would you really feel comfortable going before a judge and defending the actions you propose? Probably not.
Also, why are you thinking of doing this? What do you hope to accomplish? It sounds like you are seeking revenge,...
If you use someone else’s music, and change the lyrics, you are creating a new work based on their work, which is called a derivative work. In most cases you need the permission of the owner of the song to do that. If you do not get permission, you are committing copyright infringement and you may be sued for up to $150,000 per infringement and attorneys fees.
There are many areas of copyright law where actual practice is out of sync with the law. Your question touches upon one of them....
Yes it can be hard to sue someone for defamation. Any lawsuit is expensive to pursue. And proving the elements of defamation can be difficult.
Defamation is a false statement, maliciously or knowingly made to injure someone, usually through ridicule and damage to that person's reputation. Libel is written defamation. Slander is oral defamation.
1) a false statement concerning another person.
2) an unprivileged communication to a third party
You probably received a subpoena for your ISP to release your name and address, not to inspect your premises. I agree with John, do not concede any facts in a public forum. You should be concerned. A federal law suit for copyright infringement is a serious matter. Your situation is too complicated to discuss in this forum. If you go to the EFF.org website you can find a list of attorneys who deal with this issue. I am on that list. So is John Whitaker. Either of us would be a good choice. I...
I assume you have received a notice from your ISP threatening a federal lawsuit for copyright infringement. . You should be concerned. A federal law suit for copyright infringement is a serious matter. Your situation is too complicated to discuss in this forum. If you go to the EFF.org website you can find a list of attorneys who deal with this issue. I am on that list. I have dealt with close to 100 of these cases over the last almost 3 years. Please give me a call at 206 524-0655.
The people behind these websites can be difficult to deal with but I was able to get a client’s photographs removed from a site like the one you are describing. For an analysis of the legal issues involved see my recent blog article “yougotposted.com Website Raises Complex Legal Issues.” I would be glad to help you.
I represent a number of authors and this is a fairly standard question.
You need to have them sign a release form. There are fairly standard terms for a release for authors to use. I have developed a version that I like, but if you do not want to use an attorney, you can probably find forms online. It should give you the right to use their drawing in all media forms. Do you want permission to identify the individuals involved or not?
In your case, you will need additional language...
You do not have to get them to sign a written release form. But it is still a very good idea.
Most publishers will not publish your book unless you have written signed release forms. Even if you plan to self-publish now, you may want to go with a publishers later. By then it will be very difficult to track people down and get them to agree to sign a form.
What are they agreeing to? With just a general recorded statement, that may not be clear. Are you getting E-book rights? Can you use...