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Victor Calvin Johnson

Victor Johnson’s Answers

68 total


  • I am in possession of master recording tapes of a new band and they have made it to international star status.

    Victor’s Answer

    I agree with the previous commentators. I would look at the contract, if any, you had with the band regarding ownership of the copyright to the tapes. Unless it specified your company owned the copyright, you risk serious lawsuit.

    If your company also acted as studio engineer or producer, you could maybe make an argument that your company is a co-author of these sound recordings. While a performer is usually the author of a sound recording, it is also possible for producers or engineers to be credited as co-authors if their work is also embodied on the sound recording. To claim a copyright interest in the recording, their contribution must include an "appreciable" amount of original authorship. That's likely not the case when a sound engineer simply sets up a couple microphones and records a band live. However, when Congress enacted the Copyright Act, it specifically stated that the act of "capturing and electronically processing the sounds and compiling and editing them to make the final sound recording "may be enough for a claim of authorship." Under this scenario, the engineer or producer could arguably license the recordings on a non-exclusive basis if he obtains a mechanical license from the band to use their songs. Even if the band denies permission, the engineer or producer could theoretically obtain a compulsory mechanical license and release recordings of any cover versions that were recorded. You would still owe pro rata share of revenues to other authors of the work.

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  • I put $100k into an investment - after 9 months he admitted he lost the money. Is a demand letter necessary b/f filing fraud?

    Victor’s Answer

    Could vary depending on state law and the claim you are making, but generally speaking a demand letter is not necessary to send before suing for fraud. Often times deceptive trade practice claims do require such.

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  • Patent question: I have searched every conceivable internet resource to purchase an item that I cant find anywhere for sell.

    Victor’s Answer

    As previous colleagues have stated, you should really meet with a patent attorney to get specifics and a better understanding of your invention and whether it is patentable. As stated, just because a prior patent exists does not mean your improvement is not patentable. It will come down determining whether the improvement is a non-obvious and novel improvement.

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  • I have question on specific pharmaceutical product patent

    Victor’s Answer

    What is your question? It is unclear from your post.

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  • Do I have the rights to my company name solely and should I take legal action?

    Victor’s Answer

    Trademark rights at based on first use. They may have some defense to the issue based on geography, but only an attorney who reviews all the facts and circumstances of your case could answer this question. You should contact a good IP attorney to discuss the specifics.

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  • Can I make freehand pencil/marker artworks of NFL or other professional, NCAA, high-school or other teams logos and sell them?

    Victor’s Answer

    NFL, NCAA, and other professional sports teams own trademarks in their names and logos. They recieve millions of dollars a year in licensing fees. Absent a license, most commerical uses of these marks by a 3rd party would be considered infringment. Not a road you want to go down.

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  • Copyrighted Photo

    Victor’s Answer

    The Copyright Act grants five exclusive rights to a copyright owner.
    •the right to reproduce the copyrighted work;
    •the right to prepare derivative works based upon the work;
    •the right to distribute copies of the work to the public;
    •the right to perform the copyrighted work publicly; and
    •the right to display the copyrighted work publicly.

    If you do not have a license or permission for the copyright owner, you cannot engaage in any of these activities.

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  • Does a graphic designer/artist "own" their creative properties as the author for the company in which they work?

    Victor’s Answer

    You should consider whether this is covered by copyright's work made for hire as the works were likely created by an employee as part of his job. Work made for hire is an exception to the general rule that the person who actually creates a work is the legally recognized author of that work. According to US copyright laws, if a work is "made for hire", the employer—not the employee—is considered the legal author.

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  • Are TV episode titles copyrighted??

    Victor’s Answer

    Alan is right that copyright law does not protect a name. However, many if not most TV series are registered trademarked. Even if not registered, they are subject to common-law rights. I would suggest you talk with an IP lawyer before proceeding too far.

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  • Can I be subpoenaed to appear in Miami , Fl when currently living in Indiana?

    Victor’s Answer

    The suponea power in federal court is limited to 100 miles and does not require third parties to travel over that distance to attend a deposition. The rules also do not allow for a deposition to take place for 5 days. Have your lawyer send an objection to the the lawyer that issued the supoena and informing him you will not appear in Miami.

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