Gary K. Marshall’s Answers

Gary K. Marshall

Seattle Internet Lawyer.

Contributor Level 11
  1. If someone sent me an email, can I publish it in a book?

    Answered almost 2 years ago.

    1. Gary K. Marshall
    2. J Scott Scarbrough
    3. Jake Kathleen Marcus
    3 lawyer answers

    Probably not. The copyright in the emails belongs to the author, which in this case is the person who sent you the emails. The fact that someone sends you an email or posts something on the Internet does not mean that they have given up their copyright rights. The classic case involves J.D. Salinger, the author of Catcher in the Rye, among other books. He sent his friends beautifully composed letters. Someone collected the letters and published them as a book. Salinger sued for copyright...

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. 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?

    Answered over 2 years ago.

    1. Gary K. Marshall
    2. Bruce E. Burdick
    3. Ryan Steve Alexander
    4. Kyle-Beth Hilfer
    4 lawyer answers

    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...

    6 lawyers agreed with this answer

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  3. I want to buy MYEXAMPLE.com for my business. Will owners of MYEXAMPLE.org have legal claim over the name?

    Answered over 1 year ago.

    1. Gary K. Marshall
    2. Michael P Matesky II
    3. Clark AD Wilson
    4. Maurice N Ross
    5. Mario Sergio Golab
    6. ···
    6 lawyer answers

    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.

    6 lawyers agreed with this answer

  4. Would revealing truthful but embarrassing information about a person through letters constitute a libel or defamation?

    Answered almost 2 years ago.

    1. Gary K. Marshall
    2. Christine C McCall
    3. Elizabeth Rankin Powell
    3 lawyer answers

    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,...

    6 lawyers agreed with this answer

  5. I have an interest in writing English language versions of foreign language songs. Sometimes they may me close to a translation,

    Answered almost 2 years ago.

    1. Gary K. Marshall
    2. Michael P Matesky II
    3. John E. Whitaker
    4. Gergana Hristova Miteva
    5. Ivan Jose Parron
    6. ···
    7 lawyer answers

    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....

    6 lawyers agreed with this answer

  6. How difficult is it to pursue a libel suit?

    Answered about 2 years ago.

    1. Gary K. Marshall
    2. Dave Hawkins
    2 lawyer answers

    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. Defamation requires: 1) a false statement concerning another person. 2) an unprivileged communication to a third party 3) fault...

    6 lawyers agreed with this answer

  7. I received a subpoena to inspection of my premises because illegal downloading movie

    Answered over 1 year ago.

    1. John E. Whitaker
    2. Gary K. Marshall
    3. John A. Di Giacomo
    4. Bruce E. Burdick
    4 lawyer answers

    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...

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  8. 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

    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.

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  9. My photographs, name, and phone number were posted without my consent on a "revenge porn" website, what are my legal options?

    Answered almost 2 years ago.

    1. Gary K. Marshall
    2. Andrew Mark Jaffe
    2 lawyer answers

    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. Gary Marshall 206 524-0655

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  10. I am writing a book to sell. To to include images patients draw during appts in book as ex of work, what is needed to sign?

    Answered about 2 years ago.

    1. Gary K. Marshall
    2. Raphael Samuel Moore
    3. Maurice N Ross
    3 lawyer answers

    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...

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206-524-0655