Mona Ibrahim's Answers

For Youtube videos can I do product reviews?

While using a product or service name implicates trademark law, it's typically accepted that critiquing and commenting on those products or services fall under the "fair comment"/"fair use" exception and are protected under the first amendment. However, making disparaging or false statements concerning the quality of those goods or services may subject you to a defamation or unfair competition lawsuit. Some tips: 1) Make sure you are very clear about who made what product; 2) Be...

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Is it legal to have someone pay me to put music from my CD's onto their ipod?

It's called a "copyright" for a reason. Only the owner of the copyright has a right to make copies... and making a digital copy and distributing it to another person (even if you WEREN'T charging) is copyright infringement. One thing that is typically considered legal? iTunes does include a function that allows you to create a CD (once per song) from your iTunes music; this is considered legal under the Audio Home Recording Act, which allows the use of a digital music recording device (the...

Is it illegal to violate a EULA?

It's probably a breach of contract-- and since the seller is acting outside the scope of the license (End User License Agreement) it may also implicate various intellectual property infringement issues, including copyright and trademark. Apple would say it is definitely illegal, in the same way they say that jailbreaking the iPhone is illegal-- Apple likes knowing how their devices and software will be used by purchasers and they make that clear in their licensing models. There's...

I was terminated for restructuring,later I found out that I was accused of S Harrasment,would this be Defamation

Under Florida law, the stigma created by the defamatory statement must be accompanied by an additional deprivation or interference of a right, such as the loss of employment (this is called the "stigma-plus" test). According to your question it sounds like your employer had a valid reason for terminating your employment that had nothing to do with the complaint. Generally speaking if there's a separate, valid reason for termination it's difficult to satisfy the "stigma-plus" test on the grounds...

My URL --and another trademarked URL in a different industry-- both make different puns on a common word. Infringement?

"Abandoned" means that the registrant has chosen, for whatever reason, to not renew the registration after five years. This doesn't necessarily mean they've ceased using the mark, and it's worth remembering that they may still be out there. As for likelihood of confusion-- as stated before, there are several elements considered when determining whether marks are likely to be confused. You don't need to be a competitor in the same market for a court to find that use of a similar mark is...

I need some advise in regards to music recordings and copyrights.

As Pamela said, you really need an independent contractor/producer agreement with a very clear statement that the work the producer does is performed as a work made for hire under copyright law if you choose to hire this guy. You'll also want to make sure your works are registered with the U.S. Copyright Office as soon as they're recorded in the event that he "shares" some of your work/ideas with other musicians in his attempt to bolster his own reputation. While registration isn't necessary...