Gary K. Marshall’s Answers

Gary K. Marshall

Seattle Internet Lawyer.

Contributor Level 11
  1. If I am writing a book regarding asking numerous people a particular question, do i need to have them sign a release form.

    Answered over 1 year ago.

    1. Gary K. Marshall
    1 lawyer answer

    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...

    5 lawyers agreed with this answer

  2. Can a corporation based out of Kentucky file a copyright infringement lawsuit without a cease & desist notice?

    Answered over 1 year ago.

    1. Gary K. Marshall
    2. Trina Ann Longo
    3. Victor Calvin Johnson
    4. Kerry Blasingim
    5. Michael P Matesky II
    5 lawyer answers

    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....

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  3. Is it illegal in the State of Washington to Blackmail a person?

    Answered over 1 year ago.

    1. Gary K. Marshall
    2. Christian K. Lassen II
    3. Lars A. Lundeen
    3 lawyer answers

    In Washington it is illegal knowingly to obtain or attempt to obtain by threat property or services of the owner. See RCW 9A.56.110. Extortion and blackmail are closely related topics. There is no clear definition of the difference, but a common distinction made is that blackmail is a form of extortion that threatens to reveal embarrassing, disgraceful or damaging information about a person to the public, family, spouse or associates unless money is paid to purchase silence. RCW 9A.56.120...

    5 lawyers agreed with this answer

  4. What is the maximum geographic area an employer can ask for and how long can the contract legally be made for in Wa state??

    Answered almost 2 years ago.

    1. Gary K. Marshall
    2. Collin Roberts
    3. Gavin Nathaniel Johnson
    3 lawyer answers

    Non-compete agreements are disfavored in the law and will only be enforced if they are reasonable. There is no specific rule on how broad or narrow a non-compete agreement can be regarding time, geographic area, or type of work. It has to be reasonable under the facts and circumstances of the specific case. And there must have been some independent consideration given for signing the agreement. Your husband’s non-compete may not be enforceable. The only way to tell is to sit down with an...

    5 lawyers agreed with this answer

  5. I was awarded a judgement. How do I go about garnishing the other party?

    Answered almost 2 years ago.

    1. David A. Kulisch
    2. Gary K. Marshall
    3. Robert Bruce Kopelson
    3 lawyer answers

    Yes there is a reason lawyers charge a lo of money. What we do is hard. First make sure you have a judgment. Winning a motion and being awarded money in court is not the same thing as having a judgment. And no, that is not a simple matter that can be answered on this website. Once you have a proper judgment then you can proceed to garnishment. Garnishment rules are very complex. If you make even one mistake in the process, the other party may be awarded attorneys fees. This is not...

    5 lawyers agreed with this answer

  6. Is it illegal for someone to post my information on craigslist ?

    Answered almost 2 years ago.

    1. Gary K. Marshall
    2. Andrew Mark Jaffe
    3. David B Pittman
    3 lawyer answers

    This is the type of problem for which there are legal solutions, but they are not very practical. Yes, his actions probably violate several federal and state laws. His actions may constitute stalking, which is a federal crime (see 18 USC § 2261A – Stalking and 18 USC § 2261 - Interstate domestic violence). In Washington there are similar laws against stalking, see RCW 9a.46.110 Stalking and RCW 9.61.260 Cyberstalking and against harassment: see RCW 9A.46.020 Definition — Penalties and...

    5 lawyers agreed with this answer

  7. May a writer summarize the contents of personal letters written by another person without violating copyright law?

    Answered almost 2 years ago.

    1. Gary K. Marshall
    2. Michael P Matesky II
    3. Bruce E. Burdick
    4. Daniel Nathan Ballard
    4 lawyer answers

    When you say you intend to ”summarize” the letters, that it a vague description. You can not copy the letters or paraphrase the letters without the author’s permission. See Salinger v. Random House, Inc., 811 F.2d 90 (2nd Cir. 1987). You can still write about the letters and summarize what they say as long as you do not copy the creative expression contained in the letters. There is no clear rule as to how far you can and can not go. It depends upon the facts and circumstances of each case. If...

    5 lawyers agreed with this answer

  8. We provided a contractor MS Word files. They converted the files to InDesign.

    Answered almost 2 years ago.

    1. Gary K. Marshall
    2. Jason M Casebolt
    3. Michael P Matesky II
    4. Arin M Dunn
    5. Lior Y Leser
    6. ···
    6 lawyer answers

    Every time you contract with someone to work on a product that is subject to copyright, including text, pictures, video and music, you should have a written agreement that clearly states which party owns the copyright in the finished work. The outcome of these cases depend on the specific facts of the case. It is impossible to reach a conclusion based on your short summary of the facts. In addition, a contract must be read as a whole, within the circumstances in which it was created. You can...

    5 lawyers agreed with this answer

  9. Need to draft a equity document. A company has agreed to give me some small % equity in their company. Where do I get a template

    Answered about 2 years ago.

    1. Gary K. Marshall
    2. Michael Charles Doland
    3. Gavin Nathaniel Johnson
    4. Christopher Michael Larson
    5. Eric James Sachtjen
    5 lawyer answers

    In addiion to the answer above which I agree with, form contracts are not a good idea. They are never quite right for any particular siutation. As the other answer said, you need to talk to an attorney. A local good business law attorney, such as myself, should be able to handle this for you.

    5 lawyers agreed with this answer

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

    Answered almost 3 years ago.

    1. Gary K. Marshall
    2. Kevin Daniel Anderson
    3. Jacob Adam Regar
    4. Christian K. Lassen II
    4 lawyer answers

    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...

    5 lawyers agreed with this answer

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