Her boyfriend has had a surveillance system installed on her house and intentionally aimed a camera at the entrance to my driveway, effectively monitoring my property. It is the only camera that does not cover some part of her home. Does a homeow...
The law is not clear on this issue It depends on what is being recorded and under what circumstances. There is no substitution to talking with an attorney about your specific case.
In Washington it is illegal to audio record a private conversation without the permission of everyone being recorded (RCW 9.73 Privacy, Violating Right of). But there must be some expectation of privacy. If the recording is say on a public street, then there is no expectation of privacy.
Oddly, it is generally not illegal to record video only. There are some exceptions, such as when the person being recorded has some expectation of privacy. And there can be restrictions on how the recording is used. Defamation, invasion of privacy, false light, copyright and many other areas of law may come in to play.
I am not aware of any law on the specific issue of a neighbor intentionally video taping the publically viewable areas of your property. It comes up often these days. I have talked to other attorneys about this. The general consensus is that it is probably not permissible. But there is no clear remedy. You could have an attorney write them a letter asking them to stop. If they do not stop, you could seek a court order prohibiting them from focusing the camera on your property. That is not a very practical solution but it might work.
Does anyone else on this list have a better idea?See question
I had someone post several posting on Craigslist with cars for cheap and they put my number on it so I would get a ton of calls and text messages. Is there anything that the police can do? I know who it is and he needs to learn his lesson. Also, I...
If you are being harassed online, the person doing the harassment is probably committing several crimes. These may include laws against stalking and harassing, see RCW 9a.46.110 Stalking and RCW 9.61.260 Cyberstalking and against harassment: see RCW 9A.46.020 Definition — Penalties and Chapter 10.14 RCW Harassment. These statutes define criminal behavior. You can go to your local police department or the police department in the jurisdiction where the person who is harassing you lives and file a police report. In my experience the police will usually not take any action unless the harassment is far more severe then you indicate. But it is worth a try. You can also tell the person that you have filed a police report. That might scare them off.
These laws do not provide for a private right of action. They do suggest that someone might be able to obtain a protection order. A protection order against the individual who posited on craigslist might be an effective tool to stop that person from harassing you. But there are difficulties with trying to get a protection order. You have to find th person and serve them. You have to have some proof that they are behind the postings. And then if they ignore the protection order, you may have difficulty enforcing the order.
You do have a cause of action for a lawsuit for damages, but lawsuits are expensive and damages are hard to prove. You could try suing the person yourself in small claims court.
Sometimes a letter from an attorney will get them to stop. But it also may motivate them to seek revenge by escalating their activities. And of course, attorneys cost money.
Do you know why this person did this? If this person was a friend or someone you know, you may want to deal with this as a personal problem. You could try talking to them, or having a mutual friend intervene on your behalf. Why did this person do these things? Is there a way to repair the relationship or at least get this person to understand your point of view?
You should be able to contact craigslist and get each individual entry removed.
Good luck.See question
I want to be able to sell football helmets that I recondition and customize the helmet with nfl decals and colors. But I want to do it the right way, so what forms do I need to go through to be able to do this. Because I love football and I'm very...
NFL logos are trademarks that are owned by the NFL. In order to use the trademarks you will need the permission of the NFL.
It is not hard to figure out who to contact. A simple google search got me to the NFL policy on licensing logos for merchandise. See
Here are a few requirements. You must have been in the merchandising business for at least three years and be able to pay the minimum annual license fee of $100,000.
This makes sense. The NFL will have to review your proposal and who you are and will have to police your use of their logos. There is a cost to them of doing all of that. They have determined that it is not worth their effort for less than $100,000 a year.,
You may want to find someone who is already selling helmets with NFL logos under license and see if they would be interested in including your line of helmets with their products. That would be a more realistic approach for an individual.See question
Someone is sending defamatory emails full of untrue facts about me to local people and I need to know if I have to give notice to that person to stop these malicious acts before I file and serve a lawsuit for defamation. My reputation is being tr...
No you do not have to give notice first.
A defamation lawsuit is probably not the way to go. Most personal problems are not going to be solved by lawsuits. You can 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
3) fault amounting to
for public officials and figures - actual malice (actual knowledge that the statement is false or reckless disregard for the truth or falseness of the statement)
for private figures - negligence (what a reasonably prudent person would do, acting under the same or similar circumstances)
In many cases damages is the hardest part to prove. Have you actually been damaged enough to justify suing this person? Probably not. Can you prove your damages? Again, probably not.
If this person was a friend, you may want to deal with this as a personal problem. You could try talking to them, or having a mutual friend intervene on your behalf. Why did this friend say these things? Is there a way to repair the relationship or at least get this person to understand your point of view?
If this is a small matter and you just want to get them to stop, you could consider suing this person yourself in small claims court. You would have to sue them where they live. If you win, and they keep making these statements you can sue them again. They will eventually get the message. A letter from an attorney will get them to stop some of the time, but it is hard to imagine that it would be worth the expense of paying an attorney to write a letter.See question
I have a friend, (& yes it is a friend, not me) who runs an E-Cigarette business. He had a line of Camel tobacco flavored e-liquid that he sold. His business is run out of Washington State. A few months ago, Camel sent him a notice right out of th...
You may have copyright and trademark confused. They are separate legal concepts. In either case, they have no duty to warn your friend first and give him a chance to cure. I agree that it may be a good idea for your friend to reach out to the other side. But I would strongly suggest that your friend talk to an attorney first, and have that attorney do the talking for him. It sounds like the other side is represented by counsel. Anything he says can and will be used against him in a court of law. Their attorney will be trained and experienced in getting him to confess to the infringements. It would be very dangerous for him to talk to them directly. You seem to be under the mistaken impression that people and companies have to play nice. I wish that were true, but it is not and they rarely do play nice or fair.See question
A family member of mine informed me that she had received an email promoting a certain website with a picture of mine. I had no prior knowledge of my photo being used on this website nor did I ever give my consent. It seems as though this website ...
Situations like this are very fact dependant. You may have a claim against them under several theories, including violation of your right of publicity, unfair competition/trademark infringement, and copyright infringement. Whether you need to see an attorney depends upon what you want to do next. If you just want them to take the picture down, you may want to contact them directly. On the other hand, a letter from an attorney is often more effective. If you want compensation then you probably do need an attorney, although it is possible that an attorney would cost you more than you would recover from the website. I wonder if there is more to this story, because you have not explained why they choose your picture instead of someone else’s.See question
any specific things we need in the contract besides dates of payment
Are you crazy? Do you walk across the street without looking first? Do you try to do your own heart surgery? Why would you sell your cabin without consulting an attorney first?
I am not after your money. I am not a real estate attorney. I am not suggesting that you call me.
So much of law is common sense. If you use common sense you can stay out of legal trouble. Many times when people get in legal trouble it is because they were greedy and failed to use common sense. Please use common sense.
You are selling a piece of real property, no doubt for a reasonable sum of money. That is a complicated transaction There are so many things that can go wrong with that transaction. You might not get your money. Worse, you might get sued if the buyer does not like the property.
You can greatly reduce your risk by spending a few hundred dollars on an attorney now before you complete the sale. It will be worth it.See question
Is it all tracks or just the singles that are released?
That is a very broad question.
For every record (in any format) that is released there must be a license payment to the owner of the publishing rights in each song. There is a mandatory license fee in the copyright law, although parties are free to make their own arrangements instead.
There is usually but not always a payment to the artist who recorded the song. There is sometimes a payment to the producer of the record. There are occasionally other payment arrangements as well.
When the song is performed live in front of an audience or broadcast on TV, radio or the Internet, there is a licensing fee that needs to be paid to the owner of the publishing rights. In the United States, most publishers are represented by one of three organization for purposes of collecting theses fees. The organizations are ASCAP, BMI and SESAC.
Does that answer your question?See question
I have spent dozens of hours to design several lighting products. I am not a large manufacturer and do these one at a time. I made the molds, I cast the metal, I do it all. I put these new designs on my web site with pictures. A competitor the...
You may have a claim for copyright infringement and/or unfair competition. You may want to check out my article “Legal Issues for Online Sellers” available for free download at http://www.marshallcomputer.com/resources.html.See question
She was particularly posing for the video
The fact that you own the physical copy of the video does not by itself give you any rights. The answer to your question depends on the facts of the case. What was the agreement between the two of you regarding the use of the video? Did she explicitly give you permission to show it to others? Usually in the case of private sex videos there is an implied understanding that the video will stay private. Given the sensitive nature of the tape, you will find that judges will tend to side with her if there is any ambiguity.
As to whether it is illegal? There are two aspects to that. One, can she sue you for damages? Unless you can show you had her permission to post the video, she probably can. Two, have you committed a crime? There are several anti-harassment statutes in Washington, including ones that deal with Internet based harassment. Did you set out to harass her? If so, then yes you may be guilty of a crime.
As a practical matter, why would you want to post the video without her permission? You know that makes you look like a scumbag. Is that how you want other people, especially women, to think of you?See question