What is the best way to register a vocal group name?: There are currently 3 members of our gospel vocal group. We currently perform locally at different venues (some pay and some don't). We plan on recording and selling our music over the internet as well as possible cd distribution soon. We may add another member to our group in the near future.
Jay’s answer:
The short answer to your question has already been given - namely that you should look to the United States Patent and Trademark Office (USPTO) for registration. However, depending on your budget, you may also want to look at registering with the State of Texas as a state registration may give you some additional rights to defend your vocal group's name within the State of Texas - but this discussion would be best had with a Texas-licensed attorney who will be able to explain to you the benefit from state registration.
In California, unstructured vocal group are generally looked at as partnerships and each partner has an equal right to his or her interest in the assets of the partnership - which in your case who be the service mark (which as the other attorney mentioned should be registered through the USPTO).
Keep in mind that the copyrights to the music can also be a point of contention for unstructured vocal groups. This is something that needs to be resolved early on so that later - when you start selling music - everyone understands who it entitled to what.
Hope this helps.
THESE COMMENTS MUST NOT BE CONSIDERED LEGAL ADVICE. Comments made on websites such as Avvo.com are provided for information purposes only. The only way to determine how the law may apply to your particular situation is to consult with an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation.
Does the law allow us to obtain copies of medical records with a signed Advanced healthcare directive after a patient dies?:
My husbands mother had surgery and due to a mistake made by the surgeon she died. My mother in law had a health care directive and we have asked the hospital for copies of her medical records. According to California probate code 4678 " Unless otherwise specified in an advance health care directive, a person then authorized to make health care decisions for a patient has the same rights as the patient to request, receive,
examine, copy, and consent to the disclosure of medical or any other
health care information."
The hospital is telling us that this only applies if she is still alive, and is requiring us to provide them with executor papers . She did not have a will and her estate will not be probated (my husband is an only child and was joint on everything she had).
Jay’s answer:
Unfortunately, the hospital is probably right in this instance. The advanced health care directive applies only to living patients and expires with the patient. The sole purpose of the provision (along with the remainder of Section 4670) is to provide a means for someone other than the patient to make decisions for the patient when the patient is no longer fit to make those decisions.
I am curious as to why your husband does not simply apply to the Court to be the personal representative of the estate. If he is an only child the process should be rather painless. Besides, California has in place numerous procedures to close an estate without going through formal probate where the value of the estate is less than $100,000. So long as your husband is joint on nearly everything, the majority of those assets likely passed as a matter of law leaving very little in the way of an estate. The whole process can be resolved for very little out-of-pocket. Besides, it would clear up any loose ends that might continue to exist.
I hope this helps!
THESE COMMENTS MUST NOT BE CONSIDERED LEGAL ADVICE. Comments made on websites such as Avvo.com are provided for information purposes only. The only way to determine how the law may apply to your particular situation is to consult with an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation.
Independent Film Copyright Questions:
Would I need to get permission to have stuffed animals of characters like Alf, Stimpy, Beavis, etc. in the background of a film? They'd possibly be interacted with. Would it matter if they are verbally referred to in the film? If yes how do you find out whom to contact for stuff like a My Pet Monster?
Also, is there any issue if a character wears a t-shirt that is a closeup of Wolverine's face?
I similarly wouldn't know wear to begin to find out whom I would need to contact to get permission for this.
Would it be crazy to just chance using this stuff without permission? Is it based on level of success? Like once you make a certain money bracket people will take notice? Would it be a minor retroactive fee kinda thing?
Jay’s answer:
As usual, Attorney Koslyn is spot on.
As she said, for your particular project, it sounds like you need to sit down with an entertainment lawyer and fully "vet" the project. Keep in mind that a project such as yours not only has copyright issues, but likely trademark and possibly right of publicity concerns as well, those copyright issues are only going to be one facet of the intellectual property concerns you are likely to encounter.
As an example, even considering the characters you have identified. You may need permission from a studio to use branded products, and the underlying rights holder to use the images period. With copyright in the entertainment business, there is often a "chain of title" that needs to be addressed when attempting to utilize protected content in the first place.
A qualified experienced entertainment lawyer (such as Ms. Koslyn) will be able to assist you in acquiring the subset of rights necessary to make your movie without fear of later repercussions. That said, my mentor procured the initial trademark rights for some of the characters you identified above. He may be a good start.
THESE COMMENTS MUST NOT BE CONSIDERED LEGAL ADVICE. Comments made on websites such as Avvo.com are provided for information purposes only. The only way to determine how the law may apply to your particular situation is to consult with an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation.